Alterations and Tenant Improvements. (a) Tenant shall make no alterations or changes, structural or otherwise, to any part of the Premises, either exterior or interior, without Landlord's written consent, except as otherwise provided herein. In the event of any such approved changes, Tenant shall have all work done at its own expense. Request for such consent shall be accompanied by plans stating in detail precisely what is to be done. Tenant shall comply with all building codes, regulations and laws now or hereafter to be made or enforced in the municipality, county and/or state in which said Premises are located and which pertain to such work and all laws and regulations of the United States including, without limitation, the Americans With Disabilities Act. Any additions, improvements, alterations and/or installations made to the Premises (except only movable office furniture and fixtures) shall become and remain the property of Landlord and a part of the Premises; provided, however, that if Landlord gives written notice to Tenant at the expiration or other termination of this Lease to such effect, it may require Tenant to remove some or all of such improvements and restore said Premises to the condition in which the Premises are required to be on the later of (i) the Rent Commencement Date, or (ii) the date Tenant opens for business, at Tenant's sole cost and expense. Tenant shall keep the Premises and all other parts of the premises free from any and all liens arising out of or in connection with any work performed, materials furnished or obligations incurred by or on behalf of Tenant, and agrees to bond against or discharge any mechanics', materialmen's or other such liens within ten (10) days after written request therefor by Landlord. Tenant shall hold Landlord harmless from and against all expenses, liens claims or damages to either property or person which may or might arise by reason of the making of any such additions, improvements, alterations and/or installations. (b) Subject to the provisions of the preceding Section 8(a), any improvements made by Tenant shall immediately become the property of Landlord and shall remain upon the Premises in the absence of agreement to the contrary. Tenant further will not cut or drill into or secure any fixture, apparatus, or equipment of any kind to any part of the Premises without first obtaining Landlord's written consent. Tenant agrees to accept delivery of the Premises in an "as is" condition. Upon delivery of the Premises to Tenant, Tenant shall, and hereby agrees at its sole cost and expense, to remodel, refurbish and redecorate the interior thereof, including the making of all interior improvements, alterations and changes to the Premises including, but not limited to, new ceiling, new lighting, new flooring, new wall coverings, and new storefront identification sign, necessary to place same in a first class, modern and attractive condition and to enable Tenant to properly use the Premises for the purposes set forth in this Lease. (c) All work to be performed by Tenant hereunder shall be in accordance with detailed plans and specifications for same to be prepared by Tenant and submitted to Landlord, within fifteen (15) days of the mutual execution of this Lease, for Landlord's written approval. If Tenant fails to provide Landlord with detailed plans and specifications for its work within the period provided in the preceding sentence, then, in addition to any other remedy available to Landlord under this Lease or at law or in equity, Landlord shall have the right to elect to (i) reduce the period between the Lease Date and the Rent Commencement Date by two (2) days for each day Tenant is late in delivering its plans and specifications to Landlord, and/or (ii) collect from Tenant, as liquidated damages with respect to such default of Tenant in addition to Minimum Rent and other amounts payable hereunder, as Additional Rent, an amount equal to one-fifteenth (1/15) of the monthly amount of Minimum Rent specified in this Lease for the first Lease Year, for each day Tenant delays in submitting its plans and specifications to Landlord in accordance with this Section. It is expressly agreed that Tenant shall not commence any such work until said plans and specifications have been approved by Landlord. All work to be performed by Tenant shall be performed in a good and workmanlike manner, in accordance with all rules, regulations, codes and ordinances of any local, municipal, state and/or Federal authorities having jurisdiction thereof. Permits, licenses or approvals required for said work from such authorities shall be obtained by Tenant at its sole cost and expense. Tenant shall provide to Landlord Tenant’s (i) proposed plans and, (ii) prior to commencing any work in the Premises, final plans, all of which shall be in a PDF file format and a CAD file format including, without limitation (as applicable), plans for architectural changes and electrical, plumbing and mechanical work. (d) Tenant agrees that it shall fully complete the remodeling of the Premises as above set forth before the Rent Commencement Date. Tenant expressly agrees to protect, indemnify and save Landlord harmless from any liability to any person or estate for damage to person or property occurring, during the work proposed hereunder, whether before or after the commencement of the term of this Lease. It is expressly understood and agreed that any such alterations, changes or improvements shall in no way harm the structure of the Premises or diminish the value of same or of the Building. At any time after the expiration of the fifth (5th) anniversary of the Lease Date, and at any time after the end of each succeeding five (5) year period thereafter (if any), Tenant shall, within thirty (30) days after receipt of a written request from Landlord, commence and thereafter diligently pursue, in accordance with the provisions of this Section and the other provisions of this Lease, all work required to remodel, redecorate and refurbish the Premises to the same condition as described in Section 8(b) above for the work to be performed by Tenant at the time of initial delivery of the Premises to Tenant. (e) Landlord's approval of Tenant's plans and specifications under this Section or any other provisions of this Lease is solely for the purpose of ascertaining whether Tenant's proposed alterations will have an adverse impact on the structural components or Common Area of the Building and to insure the aesthetic and architectural harmony of the Tenant's proposed alterations with the remainder of the Building. No approval of plans by Landlord shall be deemed to be a representation or warranty by Landlord that such plans or the work provided for therein will comply with applicable codes, laws or regulations or be in conformance with any insurance or other requirements which affect the Premises or the Building, or that the Premises are structurally adequate to support the work shown on such plans, and Tenant shall have the sole responsibility of ascertaining and complying with all such requirements notwithstanding Landlord's approval of Tenant's plans.
Appears in 1 contract
Sources: Lease Agreement
Alterations and Tenant Improvements. (a) Tenant A. Subtenant shall not make no alterations any alterations, additions or changesimprovements upon or to the Sublet Premises without the prior written consent of Sublandlord in every instance and, structural or otherwiseadditionally, of Landlord in accordance with any such requirements under the Master Lease. Subtenant's signage shall be subject to any part Sublandlord's review and approval. Any approved alterations, additions and improvements will require permits, must be in accordance with all Laws and shall be made at the sale expense of the Subtenant. All such alterations, additions and improvements shall remain in the Sublet Premises, either exterior except trade fixtures that can be removed without damage to the Sublet Premises, at the surrender of possession or interior, without Landlord's upon earlier termination of this Sublease unless Subtenant obtains written consent, except as otherwise provided hereinpermission from Sublandlord and Landlord consenting to waive this requirement. In the event of and any such approved changes, Tenant requirements under the Master Lease. Subtenant shall have all work done at its own expense. Request for such consent shall be accompanied by plans stating in detail precisely what is to be done. Tenant shall comply with all building codes, regulations and laws now or hereafter to be made or enforced in deliver up the municipality, county and/or state in which said Sublet Premises are located and which pertain to such work and all laws and regulations of the United States including, without limitation, the Americans With Disabilities Act. Any additions, improvements, alterations and/or installations made to the Premises (except only movable office furniture and fixtures) shall become and remain the property of Landlord and a part of the Premises; provided, however, that if Landlord gives written notice to Tenant at the expiration or other sooner termination of this Lease to such effect, it may require Tenant to remove some or all of such improvements and restore said Premises to the condition in which the Premises are required to be on the later of (i) the Rent Commencement Date, or (ii) the date Tenant opens for business, at Tenant's sole cost and expense. Tenant shall keep the Premises and all other parts of the premises free from any and all liens arising out of or in connection with any work performed, materials furnished or obligations incurred by or on behalf of Tenant, and agrees to bond against or discharge any mechanics', materialmen's or other such liens within ten (10) days after written request therefor by Landlord. Tenant shall hold Landlord harmless from and against all expenses, liens claims or damages to either property or person which may or might arise by reason of the making of any such additions, improvements, alterations and/or installations.
(b) Subject to the provisions of the preceding Section 8(a), any improvements made by Tenant shall immediately become the property of Landlord and shall remain upon the Premises in the absence of agreement to the contrary. Tenant further will not cut or drill into or secure any fixture, apparatus, or equipment of any kind to any part of the Premises without first obtaining Landlord's written consent. Tenant agrees to accept delivery of the Premises in an "as is" condition. Upon delivery of the Premises to Tenant, Tenant shall, and hereby agrees at its sole cost and expense, to remodel, refurbish and redecorate the interior thereof, including the making of all interior improvements, alterations and changes to the Premises including, but not limited to, new ceiling, new lighting, new flooring, new wall coverings, and new storefront identification sign, necessary to place same in a first class, modern and attractive condition and to enable Tenant to properly use the Premises for the purposes set forth in this Lease.
(c) All work to be performed by Tenant hereunder shall be in accordance with detailed plans and specifications for same to be prepared by Tenant and submitted to Landlord, within fifteen (15) days of the mutual execution of this Lease, for Landlord's written approval. If Tenant fails to provide Landlord with detailed plans and specifications for its work within the period provided in the preceding sentence, then, in addition to any other remedy available to Landlord under this Lease or at law or in equity, Landlord shall have the right to elect to (i) reduce the period between the Lease Date and the Rent Commencement Date by two (2) days for each day Tenant is late in delivering its plans and specifications to Landlord, and/or (ii) collect from Tenant, as liquidated damages with respect to such default of Tenant in addition to Minimum Rent and other amounts payable hereunder, as Additional Rent, an amount equal to one-fifteenth (1/15) of the monthly amount of Minimum Rent specified in this Lease for the first Lease Year, for each day Tenant delays in submitting its plans and specifications to Landlord in accordance with this Section. It is expressly agreed that Tenant shall not commence any such work until said plans and specifications have been approved by Landlord. All work to be performed by Tenant shall be performed in a good and workmanlike manner, in accordance with all rules, regulations, codes and ordinances of any local, municipal, state and/or Federal authorities having jurisdiction thereof. Permits, licenses or approvals required for said work from such authorities shall be obtained by Tenant at its sole cost and expense. Tenant shall provide to Landlord Tenant’s (i) proposed plans and, (ii) prior to commencing any work in the Premises, final plans, all of which shall be in a PDF file format and a CAD file format including, without limitation (as applicable), plans for architectural changes and electrical, plumbing and mechanical work.
(d) Tenant agrees that it shall fully complete the remodeling of the Premises as above set forth before the Rent Commencement Date. Tenant expressly agrees to protect, indemnify and save Landlord harmless from any liability to any person or estate for damage to person or property occurring, during the work proposed hereunder, whether before or after the commencement of the term of this Sublease in the condition required by the Master Lease. It is expressly understood Subtenant shall be responsible for repairs and agreed that maintenance imposed on tenant under the Master Lease or necessitated by any such alterations, changes improvements or improvements shall in no way harm alteration made to the structure of the Sublet Premises or diminish the value of same or of the Building. At any time after the expiration of the fifth (5th) anniversary of the Lease Dateby Subtenant, and at for any time after repairs to the end of each succeeding five (5) year period thereafter (if any)exterior, Tenant shalland corridors, within thirty (30) days after receipt of a written request from Landlordcommon areas or parking areas caused by the negligence or misuse by the Subtenant, commence and thereafter diligently pursueits agents, employees or invitees, all in accordance with all such requirements under the provisions Master Lease.
B. Payment for Tenant Improvements, Furniture & Fixtures. Simultaneous with the execution and delivery of this Section Sublease, the Subtenant shall deliver to Sublandlord a cashier's check in the amount of N/A ($0), which represents full payment to Sublandlord for any existing tenant improvements, furniture & fixtures located at the Sublet Premises and owned by Sublandlord (the other provisions "Tenant Improvements"). Upon receipt of the aforementioned payment, the Sublandlord hereby deeds and delivers to Subtenant the Tenant Improvements. Subtenant accepts such Tenant Improvements “AS IS" "WHERE IS" WITHOUT ANY REPRESENTATION OR WARRANTY BY SUBLANDLORD ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED. Subtenant understands that at expiration of this Leasesublease, all work required to remodel, redecorate and refurbish Subtenant is responsible for returning the Premises to the same condition as described in Section 8(b) above for required under the work to be performed by Tenant at the time of initial delivery of the Premises to TenantMaster Lease.
(e) Landlord's approval of Tenant's plans and specifications under this Section or any other provisions of this Lease is solely for the purpose of ascertaining whether Tenant's proposed alterations will have an adverse impact on the structural components or Common Area of the Building and to insure the aesthetic and architectural harmony of the Tenant's proposed alterations with the remainder of the Building. No approval of plans by Landlord shall be deemed to be a representation or warranty by Landlord that such plans or the work provided for therein will comply with applicable codes, laws or regulations or be in conformance with any insurance or other requirements which affect the Premises or the Building, or that the Premises are structurally adequate to support the work shown on such plans, and Tenant shall have the sole responsibility of ascertaining and complying with all such requirements notwithstanding Landlord's approval of Tenant's plans.
Appears in 1 contract
Sources: Sublease Agreement (Homeland Integrated Security Systems, Inc.)