Alterations or Improvements. Tenant shall not make any alterations, additions, renovations or improvements in or to the Premises without first obtaining the written consent of Landlord. All alterations, additions, renovations and improvements which shall be made shall be at the sole cost and expense of Tenant and shall become a part of the real property and belong to Landlord and shall remain in and be surrendered with the Premises as a part thereof at the termination of this Lease, or be removed from the Premises by Tenant at the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees to indemnity, defend, and hold Landlord and the Premises free and harmless from, and against, any and all damages, injuries, losses, liens, costs or expenses (including attorneys’ fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves the right to make any alterations, additions, or improvements to the Premises which, in Landlord’s sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use of the Premises.
Appears in 7 contracts
Sources: Lease Agreement, Lease Agreement, Lease Agreement
Alterations or Improvements. Tenant may make any interior, non-structural, non-mechanical changes (“Tenant Alterations”) at any time desired by Tenant without Landlord’s consent, provided that Tenant: (i) acquires any legally required permit to do so from appropriate governmental agencies, (ii) furnishes of a copy thereof to Landlord prior to the commencement of the work, (iii) complies with all conditions of the permit in a prompt and expeditious manner, and (iv) the cost of Tenant Alterations in any 12 month period does not exceed $50,000.00; all other alterations to the Premises shall require the prior written consent of Landlord not to be unreasonably withheld. Tenant shall make the Tenant Alterations in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and quality equal to or better than the original construction of the Building and using a contract reasonably approved by Landlord. All Tenant Alterations shall be installed at Tenant’s sole expense. Tenant shall promptly repair any damage to the Premises or the Building caused by any such Tenant Alterations. Such alterations, physical additions, or improvements when made to the Premises by Tenant shall be surrendered to Landlord and become the property of Landlord upon termination in any manner of this Lease, but this clause shall not apply to moveable non-attached fixtures or furniture of Tenant. If any mechanic lien is filed against the Premises or the Building as a result of any act or omission by Tenant, its agents, employees or invitees, Tenant shall cause same to be discharged of record within 10 days after the lien is filed. Landlord shall have no right to make any alterations, additions, renovations alterations or improvements in or to the Premises without first obtaining Tenant’s consent unless such alterations or improvements are required by law. In the event that Landlord deems it necessary to make alterations or improvements that are required by law, Landlord shall provide Tenant with written consent of Landlordnotice as far in advance as possible and work with Tenant to minimize the disruption to Tenant’s business operations. All alterations, additions, renovations alterations and improvements which shall be made by Landlord shall be at the Landlord’s sole cost and expense of Tenant expense. Any alterations or improvements to the Premises paid for by Landlord, except office furniture, equipment, personal property and trade fixtures, shall become a part of the real realty and the property and belong to Landlord of Landlord, and shall remain in and be surrendered with the Premises as a part thereof at the termination of this Lease, or not be removed from the Premises by Tenant at the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees to indemnity, defend, and hold Landlord and the Premises free and harmless from, and against, any and all damages, injuries, losses, liens, costs or expenses (including attorneys’ fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves the right to make any alterations, additions, or improvements to the Premises which, in Landlord’s sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use of the Premises.
Appears in 4 contracts
Sources: Lease Agreement, Lease Agreement (Medpace Holdings, Inc.), Lease Agreement (Medpace Holdings, Inc.)
Alterations or Improvements. Tenant shall not make any alterationsmake, additionsnor permit to be made, renovations alterations or improvements in or to the Premises without first obtaining the written consent of Landlord. All alterationsPremises, additions, renovations and improvements which shall be made shall be at the sole cost and expense of Tenant and shall become a part of the real property and belong to Landlord and shall remain in and be surrendered with the Premises as a part thereof at the termination of this Lease, or be removed from the Premises by Tenant at the sole discretion of Landlord. unless ▇▇▇▇▇▇ further agrees obtains the prior written consent of Landlord thereto. If Landlord permits Tenant to indemnitymake any such alterations or improvements, defendTenant shall make the same in accordance with all applicable laws and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Building and shall comply with such commercially reasonable requirements as Landlord considers reasonably necessary or desirable, including without limitation requirements as to the manner in which and the times at which such work shall be done and the contractor or subcontractors to be selected to perform such work and the posting and re-posting of notices of ▇▇▇▇▇▇▇▇’s non-responsibility for mechanics’ liens. Tenant shall promptly pay all costs attributable to such alterations and improvements and shall indemnify,’ defend and hold harmless Landlord from and the Premises free against any mechanics’ liens or other liens or claims filed or asserted as a result thereof and harmless from, and against, against any and all damages, injuries, losses, liens, costs or expenses (including attorneys’ fees) incurred, claimed or arising out which may be incurred as a result of said building code violations attributable to such work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish promptly repair any damage to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performedor the Building caused by any such alterations or improvements. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves the right to make any alterations, additions, Any alterations or improvements to the Premises which, in Landlord’s sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid except movable office furniture and equipment and trade fixtures, shall, at ▇▇▇▇▇▇▇▇’s election to the extent reasonably possible interfering be made simultaneously with ▇▇▇▇▇▇▇▇’s use consent to/approval of such alteration or improvement, either (i) become a part of the realty and the property of Landlord and shall not be removed by Tenant, or (ii) be removed by Tenant upon the expiration or sooner termination hereof and any damage caused thereby repaired at Tenant’s cost and expense. In the event Tenant so fails to remove same, Landlord may have same removed and the Premises so repaired at Tenant’s expense. At Landlord’s reasonable election, Landlord and Landlord’s architect, engineers or contractors shall have the right to supervise all construction operations within the Premises, and Tenant shall promptly pay Landlord the out-of-pocket cost of such supervision.
Appears in 2 contracts
Sources: Office Lease (MBX Biosciences, Inc.), Office Lease (MBX Biosciences, Inc.)
Alterations or Improvements. Tenant shall not make or permit alterations of or upon any alterationspart of the Premises or additions to the Premises, additions, renovations or improvements in or including Tenant’s initial alterations to the Premises (collectively, “Alterations”) without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld. All alterationsTenant shall at its sole expense and cost, additions, renovations and improvements which ensure that all Alterations shall be made in accordance with all applicable laws, rules, codes, ordinances and regulations in a good and workmanlike manner and in quality equal to or better than the original construction of the Premises or Building, and Tenant shall comply with such requirements as Landlord considers reasonably necessary or desirable. Before commencement of any Alterations or delivery of any materials unto the Premises or the Building, Tenant shall furnish to Landlord, for its prior written approval, which approval shall not be unreasonably withheld, delayed or denied, plans and specifications certified by a licensed architect or engineer approved by Landlord, which approval shall not be unreasonably withheld, delayed or denied, and such other documentation as Landlord shall reasonably request in connection with the Alterations. Landlord’s consent to any such Alterations shall create no responsibility or liability on the part of Landlord for the completeness, design, sufficiency, or compliance with laws, rules, codes, ordinances, or regulations of such Alterations or the plans, specifications or working drawings therefor. Tenant shall promptly pay all costs attributable to such Alterations (including, without limitation, Landlord’s reasonable costs of reviewing plans and materials submitted to Landlord for approval) and shall promptly repair any damage to the Premises, Building or Common Areas caused by or resulting from such Alterations. Any such Alterations shall remain for the benefit of Landlord, provided, however, that Landlord may elect at the sole cost and expense time Landlord grants its approval of Tenant and shall become a part of the real property and belong any Alterations to Landlord and shall remain in and be surrendered with the Premises as a part thereof made by Tenant, to require that Tenant, at its expense, remove at the expiration or earlier termination of this Lease, Lease all or be removed from a portion of the Premises Alterations made by Tenant at and repair any damage caused by such removal. Tenant’s obligations under this Section shall survive the sole discretion expiration or earlier termination of this Lease for a period of one (1) year. Notwithstanding the foregoing, during each Lease Year Tenant shall be permitted to perform non-structural Alterations costing no less than $25,000.00 without Landlord’s consent, but upon notice to Landlord. ▇▇▇▇▇▇ further agrees If Landlord permits Tenant to indemnityperform any Alterations, defendthen in addition to the requirements set forth above in this Section 7.3, the following shall apply: (i) prior to the commencement of the Alterations or the delivery of any materials to the Building, Tenant shall submit to Landlord, for Landlord’s approval, which approval shall not be unreasonably withheld, delayed or denied, copies of the contracts, names, and hold Landlord addresses of all contractors, necessary permits and the Premises free licenses, certificates of insurance (including, without limitation, Workmen’s Compensation, comprehensive general liability and harmless from, adequacy of design insurance) and against, instruments of indemnification and waivers of lien against any and all damagesclaims, injuriescosts, expenses, damages and liabilities which may arise in connection with the Alterations, all in such form and amount as shall be reasonably satisfactory to Landlord; (ii) all such Alterations shall be done only by contractors or mechanics approved by Landlord (which approval shall not be unreasonably withheld) and at such time and in such manner as Landlord may from time to time reasonably designate; (iii) upon completion of any Alterations, Tenant shall furnish Landlord with as-built plans, contractors’ affidavits, full and final waivers of lien, receipted bills covering all labor and materials expended and used in connection with such Alterations; and (iv) all such Alterations shall comply with all insurance requirements, all laws, ordinances, rules and regulations of all governmental authorities, and all collective bargaining agreements applicable to the Building, and shall be done in a good and workmanlike manner and with the use of good grades of materials. Tenant shall indemnify and save harmless Landlord from all costs, loss or expense in connection with Alterations, unless caused by or due to the negligence or willful misconduct of Landlord, its agents or employees occurring within the scope of their respective employments without negligence on the part of Tenant. No person shall be entitled to any lien directly or indirectly derived through or under Tenant or through or by virtue of any act or omission of Tenant upon the Premises for any improvements or fixtures made thereon or installed therein or for or on account of any labor or material furnished to the Premises or for or on account of any matter or thing whatsoever; and nothing in this Lease contained shall be construed to constitute a consent by Landlord to the creation of any lien. In the event any lien is filed against the Premises, or any part thereof, for work claimed to have been done for or material claimed to have been furnished to Tenant, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing by bonding or as provided or required by law or in any other lawful manner. Tenant shall indemnify and save harmless Landlord from all costs, losses, liensexpenses, costs or expenses (including and attorneys’ fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose fees in connection with any such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves the right to make any alterations, additions, or improvements to the Premises which, in Landlord’s sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use of the Premiseslien.
Appears in 1 contract
Alterations or Improvements. Tenant shall not make any alterations, additions, renovations or improvements in or to the Premises without first obtaining the written consent of Landlord. All alterations, additions, renovations and improvements which shall be made shall be at the sole cost and expense of Tenant and shall become a part of the real property and belong to Landlord and shall remain in and be surrendered with the Premises as a part thereof at the termination of this Lease, or be removed from the Premises by Tenant at the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees to indemnityindemnify, defend, and hold Landlord and the Premises free and harmless from, and against, any and all damages, injuries, losses, liens, costs or expenses (including attorneys’ ' fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s 's plans, specifications and contractor and, further, Landlord reserves the right to impose such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “As-"As- built documentation”", a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “"Equipment Operation and Maintenance Manual” " for the Premises at which work was performed. All plan views of the construction project shall be prepared using the most current AutoCAD software, Release #11 by Autodesk, Inc. software available. Copies of all plan drawings shall be submitted to Landlord on floppy disk District in AutoCAD drawing format as well as PDF format. Landlord further reserves the right to make any alterations, additions, or improvements to the Premises which, in Landlord’s 's sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid to the extent reasonably possible interfering with ▇▇▇▇▇▇’s 's use of the Premises.
Appears in 1 contract
Sources: Lease Agreement
Alterations or Improvements. .1 Following approval by Landlord, Tenant shall install its initial Leasehold Improvements and Trade Fixtures in accordance with the provisions of this Lease and in exact accordance with plans and specifications prepared by Tenant and approved in writing by Landlord prior to the commencement of any work.
.2 Following installation of such initial Leasehold Improvements, and Trade Fixtures, Tenant shall not make any alterations, repairs, changes, replacements, additions, renovations installations or improvements (the “Alterations”) to any part of the Premises, Leasehold Improvements or Trade Fixtures without Landlord’s prior written approval, which approval shall not be unreasonably withheld, unless the Alterations may affect a structural part of the Building or may affect the mechanical, electrical, HVAC or other basic systems of the Building or the capacities thereof, in or which case Landlord’s approval may be arbitrarily withheld. Tenant shall submit to Landlord details of any proposed Alterations, including complete working drawings and specifications prepared by qualified designers and conforming to good engineering practice.
.3 The installation of all Leasehold Improvements and Alterations shall: .1 at Landlord’s option, be performed by Landlord as an Additional Service, .2 be performed expeditiously and at the sole risk and expense of Tenant, and in accordance with the Design Criteria Manual, .3 be performed by competent workers whose labour union affiliations, if any, are compatible with others employed by Landlord and its contractors, and who will not interfere with work being performed by Landlord, .4 be performed in a good and workmanlike manner and only in strict accordance with the drawings and specifications which Landlord has approved, .5 be performed in compliance with the applicable requirements of all Authorities, evidence of which shall be provided to Landlord, and be subject to the Premises without first obtaining the written consent supervision and direction of Landlord. All alterations.6 equal or exceed the then current standard for the Building, additionsand .7 subject to section 7.4.7, renovations and improvements which shall be made shall be at the sole cost and expense of carried out only by persons selected by Tenant and shall become a part approved in writing by Landlord, who will, if required by Landlord, deliver to Landlord before commencement of the real work performance and payment bonds as well as proof of workers’ compensation and public liability and property damage insurance coverage, with Landlord as an additional named insured, in amounts, with companies, and belong in form reasonably satisfactory to Landlord and shall Landlord, which will remain in and effect during the entire period in which the work will be surrendered with carried out. Prior to taking possession of the Premises as a part thereof at the termination of this Lease, or be removed from the Premises by Tenant at the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees to indemnity, defend, and hold Landlord and the Premises free and harmless from, and against, commencing any and all damages, injuries, losses, liens, costs or expenses (including attorneys’ fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. work Tenant shall provide Landlord within sixty (60) days after receipt with an insurance certificate from contractor its insurer and its contractors’ insurer confirming comprehensive general liability and building risk insurance in effect in an amount not less than $5,000,000 per occurrence and naming Landlord as an additional insured and containing cross liability and severability of “As-built documentation”, a set interest provisions.
.4 Any Leasehold Improvements made by Tenant without the prior written consent of mylar reproducible copies of record Landlord or which are not in strict accordance with the drawings and other data showing specifications approved by Landlord shall, if requested by Landlord, be promptly removed by Tenant at Tenant’s expense, and the construction projectPremises shall be restored to their previous condition.
.5 Tenant shall reimburse Landlord for the cost of technical evaluation of Tenant’s plans and specifications and shall revise such plans and specifications as Landlord deems necessary. Tenant shall also furnish be solely responsible for the adequacy and sufficiency of Tenant’s plans and specifications and Landlord shall have no liability of any kind arising from Landlord’s review or approval of such plans and specifications nor shall Landlord’s review and approval constitute an acknowledgement or indication of any kind as to the adequacy or sufficiency of Tenant’s plans and specifications.
.6 In carrying out any alterations or improvements in the Premises, Tenant, at its expense, shall pay to Landlord one preliminary review copy with respect to such work the cost to Landlord of all Utilities supplied to the Premises with respect to such work and three finished copies the cost of any Additional Services including the cost of any necessary cutting or patching or repairing of any damage to the Building or the Premises, any cost to Landlord of removing refuse, cleaning, hoisting of materials and any other costs of Landlord which can be reasonably allocated as a direct expense relating to the conduct of such work.
.7 If a request is made by Tenant with respect to approval of Alterations or initial work including work which may affect the structure or matters which affect the mechanical, electrical, HVAC or other basic systems of the Building or the capacities thereof, which request is approved by Landlord, Landlord may require that such work be designed by consultants designated by it and paid by Tenant and that it be performed by Landlord or its contractors. If Landlord or its contractors perform such work, it shall be at Tenant’s expense in an amount equal to Landlord’s total cost of such work or the contract price therefor plus, in either case, 15% payable following completion upon demand. Notwithstanding the foregoing, if Tenant requests Landlord to alter or install any Leasehold Improvements or Trade Fixtures such work will be considered as an Additional Service. Tenant will, if required by Landlord, deliver to Landlord prior to commencement of any Alterations an unconditional irrevocable letter of credit or other security satisfactory to Landlord in amount equal to Landlord’s reasonable estimate of the cost of performing such Alterations, including 15% of the total of such costs representing Landlord’s overhead. If Landlord does not elect to perform any Alterations or initial work on Tenant’s behalf Landlord will nevertheless be paid a fee equal to 10% of the total cost of such work for co-ordination and supervision services.
.8 No Leasehold Improvements by or on behalf of Tenant shall be permitted which may adversely affect the condition or operation of the Building or any of its systems or the Premises or diminish the value thereof or restrict or reduce Landlord’s coverage for municipal zoning purposes.
.9 During construction and installation of Leasehold Improvements, Tenant shall keep the Building clean of any related debris and in any event, after construction is completed Tenant shall do an adequate “Equipment Operation first clean” to the Premises.
.10 Any Alterations and Maintenance Manual” initial work will be subject to supervision by Landlord or its employees, agents, manager or contractors during construction. Tenant acknowledges that such supervision will be for the Premises at which work was performedbenefit of Landlord only and that Landlord will not be responsible in any way whatsoever for the quality, design, construction or installation of any such Alterations.
.11 Any increase in Realty Taxes on or fire or casualty insurance premiums for the Building attributable to the Alterations will be borne by Tenant and Tenant will pay Landlord for the cost of such increase upon receipt of Landlord’s invoice.
.12 Tenant shall promptly pay all its contractors and suppliers and shall do all things necessary to prevent a lien attaching to the Lands or Building and should any such lien be made, filed or attach Tenant shall discharge or vacate such lien immediately. All plan views If Tenant shall fail to discharge or vacate any lien, then in addition to any other right or remedy of Landlord, Landlord may discharge or vacate the construction project lien by paying into Court the amount required to be paid to obtain a discharge, and the amount so paid by Landlord together with all costs and expenses including solicitor’s fees (on a substantial indemnity basis) incurred in connection therewith shall be prepared using AutoCAD software, Release #11 due and payable by Autodesk, Inc. Copies of all plan drawings shall be submitted Tenant to Landlord on floppy disk in AutoCAD drawing format. demand together with interest at the Interest Rate, calculated from the date of payment by Landlord further reserves the right until all of such amounts have been paid by Tenant to make any alterations, additions, or improvements to the Premises which, in Landlord’s sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use of the Premises.
Appears in 1 contract
Alterations or Improvements. (a) Following approval by the Landlord, the Tenant shall install its initial Leasehold Improvements and Trade Fixtures in accordance with the provisions of Schedule "C" annexed hereto and the "Design Criteria Manual" (if applicable) prepared by the Landlord and provided to the Tenant.
(b) Following installation of such initial Leasehold Improvements, and Trade Fixtures the Tenant shall not make any alterations, repairs, changes, replacements, additions, renovations installations or improvements (the "Alterations") to any part of the Premises or Leasehold Improvements and Trade Fixtures without the Landlord's prior written approval, which approval shall not be unreasonably withheld, unless the Alteration may affect a structural part of the Building or may affect the mechanical, electrical, communications, air control or other basic systems of the Building or the capacities thereof, in which instance the Landlord's approval may be arbitrarily withheld. The Tenant shall submit to the Landlord details of any proposed work, including complete working drawings and specifications prepared by qualified designers and conforming to good engineering practice. [*****] Confidential Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to this omitted information.
(c) The installation of all Leasehold Improvements shall: ‑ be performed expeditiously and at the sole risk and expense of the Tenant; ‑ be performed by competent workmen whose labour union affiliations, if any, are compatible with others employed by the Landlord and its contractors, and who will not interfere with work being performed by the Landlord; ‑ be performed in a good and workmanlike manner and only in accordance with the drawings and specifications which the Landlord has approved; and ‑ be performed in compliance with the applicable requirements of all Authorities, evidence of which shall be provided to the Landlord, and be subject to the supervision and direction of the Landlord.
(d) Any Leasehold Improvements made by the Tenant without the prior written consent of the Landlord or which are not in accordance with the drawings and specifications approved by the Landlord shall, if requested by the Landlord, be promptly removed by the Tenant at the Tenant's expense, and the Premises shall be restored to their previous condition.
(e) The Tenant shall reimburse the Landlord for the cost of technical evaluation of the Tenant's plans and specifications and shall revise such plans and specifications, as the Landlord deems necessary.
(f) In carrying out any Alterations or Leasehold Improvements in the Premises, the Tenant, at its expense, shall pay to the Landlord with respect to such work the cost to the Landlord of all Utilities supplied to the Premises without first obtaining the written consent of Landlord. All alterations, additions, renovations and improvements which shall be made shall be at the sole cost and expense of Tenant and shall become a part of the real property and belong with respect to Landlord and shall remain in and be surrendered with the Premises as a part thereof at the termination of this Lease, or be removed from the Premises by Tenant at the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees to indemnity, defend, and hold Landlord such work and the Premises free and harmless from, and against, cost of any and all damages, injuries, losses, liens, costs Additional Services including the cost of any necessary cutting or expenses (including attorneys’ fees) incurred, claimed patching or arising out repairing of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose such restrictions or conditions upon its consent any damage to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves the right to make any alterations, additions, Building or improvements to the Premises which, in Landlord’s sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid any cost to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use Landlord of removing refuse, cleaning, hoisting of materials and any other costs of the PremisesLandlord which can be reasonably allocated as a direct expense relating to the conduct of such work.
Appears in 1 contract
Sources: Office Lease (Fluidigm Corp)
Alterations or Improvements. Tenant shall not make or permit alterations of or upon any alterations, additions, renovations part of the Leased Premises or improvements in or additions to the Leased Premises without first obtaining the written consent of Landlord. All alterationsTenant shall at its sole expense and cost, additions, renovations ensure that all permitted alterations and improvements additions which are made or necessitated thereby (whether inside or outside the Leased Premises) shall be made in accordance with all applicable laws, rules, codes, ordinances and regulations in a good and workmanlike manner and in quality equal to or better than the original construction of the Leased Premises or Building, and Tenant shall be comply with such requirements as Landlord considers necessary or desirable. Landlord’s consent to any such alterations or additions shall create no responsibility or liability on the part of Landlord for the completeness, design, sufficiency, or compliance with laws, rules, codes, ordinances, or regulations of such alterations or additions of the plans, specifications or working drawings therefor. Tenant shall promptly pay all costs attributable to such alterations and additions and shall promptly repair any damage to the Leased Premises, Building or Common Areas caused by or resulting from such alterations and additions. Any such alterations and additions shall remain for the benefit of Landlord, provided, however, that Landlord may elect upon ninety (90) days prior written notice to Tenant to require that Tenant, at its expense, remove at the sole cost and expense expiration or earlier termination of this Lease all or a portion of the alterations or additions made by Tenant and repair any damage caused by such removal. Tenant’s obligations under this Section shall become a part of survive the real property and belong to Landlord and shall remain in and be surrendered with the Premises as a part thereof at the expiration or earlier termination of this Lease. Tenant shall indemnify and save harmless Landlord from all costs, loss or expense in connection with any construction or installation. No person shall be entitled to any lien directly or indirectly derived through or under Tenant or through or by virtue of any act or omission of Tenant upon the Leased Premises for any improvements or fixtures made thereon or installed therein or for or on account of any labor or material furnished to the Leased Premises or for or on account of any matter or thing whatsoever; and nothing in this Lease contained shall be construed to constitute a consent by Landlord to the creation of any lien. In the event any lien is filed against the Leased Premises, or any part thereof, for work claimed to have been done for or material claimed to have been furnished to Tenant, Tenant shall cause such lien to be removed discharged of record within thirty (30) days after filing by bonding or as provided or required by law or in any other lawful manner. Tenant shall indemnify and save harmless Landlord from the Premises by Tenant at the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees to indemnity, defend, and hold Landlord and the Premises free and harmless from, and against, any and all damages, injuriescosts, losses, liensexpenses, costs or expenses (including and attorneys’ fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose fees in connection with any such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves the right to make any alterations, additions, or improvements to the Premises which, in Landlord’s sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use of the Premiseslien.
Appears in 1 contract
Alterations or Improvements. Tenant WPLBC shall not make improve the Premises during the term(s) of the Agreement and shall allocate a minimum of $3,000 annually toward any major alterations, additions, renovations renovations, or improvements in or to the Premises (“Improvements”), which may be funded by WPLBC, matching grants, corporate sponsorships, and/or any combination thereof. WPLBC and DPR shall mutually agree on the Improvements to be completed during a term of the Agreement, but WPLBC shall not make Improvements without first obtaining the Superintendent's prior written consent approval of Landlordplans and specifications. The Superintendent may impose restrictions or conditions on any proposed work, including requiring payment and performance bonds in the amount of the work. Actual expenditures on Improvements may vary annually and annual project funding may be combined over multiple years within a term toward one of more projects, but a term’s collective minimum total ($15,000) must be spent within the respective term. Any Improvement investment exceeding $20,000 that is spent during a term of the Agreement may be credited toward WPLBC’s minimum improvement obligations for the following term if the Agreement is extended. All DPR-approved alterations, additions, renovations and renovations, or improvements which that are made by WPLBC shall be made shall be completed
(a) at the sole cost and expense of Tenant WPLBC; (b) in accordance with applicable laws (including but not limited to all standards and shall become a part requirements mandated by the federal Americans with Disabilities Act (ADA) at the time of the real property improvement), rules, regulations, and belong permits; (c) in a lien-free, professional and safe manner; and (d) with due diligence to Landlord minimize interference or disturbance of use of the Premises. Notwithstanding the foregoing, DPR and not WPLBC shall be responsible for updating the Premises to comply with any new ADA standards or requirements occurring outside the scope of WPLBC’s Improvements or after WPLBC’s completion of any Improvements. Improvements shall remain in and be surrendered with the Premises as a part thereof at the expiration or earlier termination of this LeaseAgreement, or at the sole discretion of DPR be removed from the Premises by Tenant at the sole discretion expiration or earlier termination of Landlordthis Agreement, unless DPR otherwise agrees in writing. ▇▇▇▇▇▇ further agrees to indemnity, defend, and hold Landlord and At the Premises free and harmless from, and against, any and all damages, injuries, losses, liens, costs or expenses (including attorneys’ fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves the right time WPLBC proposes to make any alterationsa capital improvement, additions, WPLBC may request DPR to notify WPLBC whether such Improvement may or improvements to the Premises which, in Landlord’s sole discretion, are necessary must be removed upon expiration or appropriate for the Premises, provided that Landlord will avoid to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use termination of the Premisesthis Agreement.
Appears in 1 contract
Alterations or Improvements. Tenant shall not make any alterations, additions, renovations alterations or improvements in or to the Premises without first obtaining the prior written consent of Landlord such consent not to be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall not make any external additions on the Premises (meaning those additions that are outside of the exterior walls of the Building) without the prior written consent of the Landlord, which consent may be withheld in Landlord’s sole discretion. All alterationsAlterations or improvements made by either of the parties upon the Premises, additionsexcept furniture, renovations machinery, goods, wares, inventory, personal property, trade fixtures and improvements which equipment placed in the Premises, including raised flooring, any suspended or wall mounted lighting fixtures and video or computer screens (collectively, “Tenant’s Removable Property”) and for fixtures added to the Premises by Tenant at its expense and designated by Tenant as removable by written notice to Landlord prior to such addition (“Removable Fixtures”), shall be made shall be at and become the sole cost and expense property of Tenant and shall become a part of the real property and belong to Landlord and shall remain in upon and be surrendered with the Premises as a part thereof at the expiration or termination of this Lease, without disturbance, molestation, injury or damage. Notwithstanding anything to the contrary herein, Tenant shall not be removed from obligated to remove or restore any alteration or improvement to the Premises by Tenant at any time, except to the extent Landlord elects in writing at the sole discretion time of Landlord. ▇▇▇▇▇▇ further agrees to indemnity, defend, and hold Landlord and the Premises free and harmless from, and against, any and all damages, injuries, losses, liens, costs or expenses (including attorneys’ fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose such restrictions or conditions upon giving its consent to a Tenant alteration or improvement, to require Tenant to remove and restore such Tenant alteration or improvement at the above work, including end of the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriateTerm. Tenant shall provide Landlord within sixty (60) days after receipt have the right, at any time, to remove Tenant’s Removable Property from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction projectPremises. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for In the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves the right to make any alterations, additions, or improvements event damage to the Premises which, shall be caused by moving Tenant’s Removable Property in Landlord’s sole discretion, are necessary or appropriate for out of the Premises, provided that Landlord will avoid to said damage shall be promptly repaired at the extent reasonably possible interfering with ▇▇▇▇▇▇’s use cost of the PremisesTenant.
Appears in 1 contract
Sources: Asset Purchase Agreement (Cellu Tissue Holdings, Inc.)
Alterations or Improvements. Tenant shall not make or permit alterations of or upon any alterations, additions, renovations part of the Leased Premises or improvements in or additions to the Leased Premises without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld. All Landlord's consent shall not be required for non-structural alterations costing less than Fifteen Thousand Dollars ($15,000.00), so long as the alterations do not affect the Building systems, Tenant uses contractors approved by Landlord, which approval shall not be unreasonably withheld, Tenant provides Landlord with "as-built" drawings for any modifications and Tenant notifies Landlord prior to making such alterations. As a condition of such approval, additions, renovations Landlord may require Tenant to remove the alterations and improvements which shall be made shall be at restore the sole cost and expense of Tenant and shall become a part of the real property and belong to Landlord and shall remain in and be surrendered with the Leased Premises as a part thereof at the upon termination of this Lease, Tenant shall at its sole expense and cost, ensure that all permitted alterations and additions which are made or necessitated thereby (whether inside or outside the Leased Premises) shall be removed made in accordance with all applicable laws, rules, codes, ordinances and regulations in a good and workmanlike manner and in quality equal to or better than the original construction of the Leased Premises or Building, and Tenant shall comply with such requirements as Landlord considers necessary or desirable. Landlord's consent to any such alterations or additions shall create no responsibility or liability on the part of Landlord for the completeness, design, sufficiency, or compliance with laws, rules, codes, ordinances, or regulations of such alterations or additions or the plans, specifications or working drawings therefor. Tenant shall promptly pay all costs attributable to such alterations and additions and shall promptly repair any damage to the Leased Premises, Building or Common Areas caused by or resulting from such alterations and additions. only such alterations and additions paid for by Landlord or out of the Premises Allowance shall remain for the benefit of Landlord, provided, however, that Landlord may elect by written notice to Tenant to require that Tenant, at its expense, remove at the expiration or earlier termination of this Lease all or a portion of the alterations or additions made by Tenant at and repair any damage caused by such removal. Tenant's obligations under this Section shall survive the sole discretion expiration or earlier termination of Landlordthis Lease. ▇▇▇▇▇▇ further agrees Tenant shall indemnify and save harmless Landlord from all costs, loss or expense in connection with any construction or installation. No person shall be entitled to indemnityany lien directly or indirectly derived through or under Tenant or through or by virtue of any act or omission of Tenant upon the Leased Premises for any improvements or fixtures made thereon or installed therein or for or on account of any labor or material furnished to the Leased Premises or for or on account of any matter or thing whatsoever; and nothing in this Lease contained shall be construed to constitute a consent by Landlord to the creation of any lien. In the event any lien is filed against the Leased Premises, defendor any part thereof, for work claimed to have been done for or material claimed to have been furnished to Tenant, Tenant shall cause such lien to be bonded over or discharged of record within thirty (30) days after filing in accordance with the provisions of Article 11 hereof. Tenant shall indemnify and hold save harmless Landlord and the Premises free and harmless from, and against, any and from all damages, injuriescosts, losses, liensexpenses, costs or expenses (including and attorneys’ fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose ' fees in connection with any such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves the right to make any alterations, additions, or improvements to the Premises which, in Landlord’s sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use of the Premiseslien.
Appears in 1 contract
Alterations or Improvements. Except as shown on Tenant’s Plans, Tenant shall not make or permit alterations of or upon any alterations, additions, renovations part of the Premises or improvements in or additions to the Premises (collectively, “Alterations”) without first obtaining the written consent of Landlord. All alterationsTenant shall at its sole expense and cost, additions, renovations and improvements which ensure that all Alterations shall be made in accordance with all applicable laws, rules, codes, ordinances and regulations in a good and workmanlike manner and in quality equal to or better than the original construction of the Premises or Building, and Tenant shall comply with such requirements as Landlord considers necessary or desirable. Before commencement of any Alterations or delivery of any materials unto the Premises or the Building, Tenant shall furnish to Landlord, for its prior written approval, plans and specifications certified by a licensed architect or engineer approved by Landlord, which approval shall not be unreasonably withheld, and such other documentation as Landlord shall reasonably request in connection with the Alterations. Landlord’s consent to any such Alterations shall create no responsibility or liability on the part of Landlord for the completeness, design, sufficiency, or compliance with laws, rules, codes, ordinances, or regulations of such Alterations or the plans, specifications or working drawings therefore. Tenant shall promptly pay all costs attributable to such Alterations (including, without limitation, Landlord’s reasonable costs of reviewing plans and materials submitted to Landlord for approval, which shall not exceed $750.00) and shall promptly repair any damage to the Premises, Building or Common Areas caused by or resulting from such Alterations. Any such Alterations shall remain for the benefit of Landlord, provided, however, that Landlord may elect upon thirty (30) days’ prior written notice to Tenant to require that Tenant, at its expense, remove at the sole cost and expense expiration or earlier termination of this Lease all or a portion of the Alterations made by Tenant and repair any damage caused by such removal. Tenant’s obligations under this Section shall become a part of survive the real property and belong to Landlord and shall remain in and be surrendered with the Premises as a part thereof at the expiration or earlier termination of this Lease. If Landlord permits Tenant to perform any Alterations, then in addition to the requirements set forth above in this Section 7.3, the following shall apply: (i) prior to the commencement of the Alterations or be removed from the Premises by delivery of any materials to the Building, Tenant at shall submit to Landlord, for Landlord’s approval, copies of the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees to indemnitycontracts, defendnames, and hold Landlord addresses of all contractors, necessary permits and the Premises free licenses, certificates of insurance (including, without limitation, Workmen’s Compensation and harmless from, comprehensive general liability) and against, instruments of indemnification and waivers of lien against any and all damagesclaims, injuriescosts, expenses, damages and liabilities which may arise in connection with the Alterations, all in such form and amount as shall be reasonably satisfactory to Landlord; (ii) all such Alterations shall be done only by contractors or mechanics approved by Landlord (which approval shall not be unreasonably withheld) and at such time and in such manner as Landlord may from time to time reasonably designate; (iii) upon completion of any Alterations, Tenant shall furnish Landlord with contractors’ affidavits, full and final waivers of lien, receipted bills covering all labor and materials expended and used in connection with such Alterations; and (iv) all such Alterations shall comply with all insurance requirements and all laws, ordinances, rules and regulations of all governmental authorities, and shall be done in a good and workmanlike manner and with the use of good grades of materials. Tenant shall indemnify and save harmless Landlord from all costs, loss or expense in connection with Alterations. No person shall be entitled to any lien directly or indirectly derived through or under Tenant or through or by virtue of any act or omission of Tenant upon the Premises for any improvements or fixtures made thereon or installed therein or for or on account of any labor or material furnished to the Premises or for or on account of any matter or thing whatsoever; and nothing in this Lease contained shall be construed to constitute a consent by Landlord to the creation of any lien. In the event any lien is filed against the Premises, or any part thereof, for work claimed to have been done for or material claimed to have been furnished to Tenant, Tenant shall cause such lien to be discharged of record within twenty (20) days after filing by bonding or as provided or required by law or in any other lawful manner. Tenant shall indemnify and save harmless Landlord from all costs, losses, liensexpenses, costs or expenses (including and attorneys’ fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose fees in connection with any such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves the right to make any alterations, additions, or improvements to the Premises which, in Landlord’s sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use of the Premiseslien.
Appears in 1 contract
Sources: Lease Agreement (First Indiana Corp)
Alterations or Improvements. Tenant shall not make neither make, nor permit to be made, any alterations, additions, renovations alterations or improvements in or to the Premises without first obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, except as otherwise provided below. All alterationsNotwithstanding the foregoing, additionsTenant may, renovations without Landlord's consent but upon prior written notice to Landlord (which notice shall include all proposed plans, drawings, etc. and improvements such other information reasonably requested by Landlord), relocate and/or remove interior partitions so as to create new space or re-allocate existing space and redecorate offices, including non- structural rearrangement of light fixtures and HVAC ductwork (to the extent such rearrangement of HVAC ductwork will not, in the reasonable judgment of Landlord, adversely impact other areas of the Premises or the Building); provided, however, (i) Tenant shall not perform any structural alterations (including, without limitation, any work to the Building Lobby and the HVAC systems which does not meet the criteria set forth above) without Landlord's consent, which consent may be granted or withheld in Landlord's sole discretion) and (ii) subject to the provisions of the last sentence of this Section 8.03, Tenant shall be made shall be restore the Premises to its original condition at the Tenant's sole cost and expense (including repairing any damages resulting therefrom) on or prior to the expiration of the Term hereof or sooner termination of this Lease; provided, further, this clause (ii) shall not apply to the non-structural alterations described above with respect to the relocation or removal of interior partitions (including doorways), light fixtures or HVAC ductwork as well as office redecoration,. If Tenant shall make any such alterations or improvements, Tenant shall make the same in accordance with all applicable laws and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Building, and shall comply with such requirements as Landlord considers necessary or desirable, including, without limitation, requirements as to the manner in which and the times at which such work shall be done and the contractor or subcontractors to be selected to perform such work. Tenant shall promptly pay all costs attributable to such alterations and improvements and shall indemnify Landlord against any mechanics' liens or other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations attributable to such work. Tenant shall promptly repair any damage to the Premises and the Building caused by any such alterations or improvements. Any alterations or improvements to the Premises, except movable equipment and trade fixtures, shall become a part of the real realty and the property and belong to Landlord of Landlord, and shall remain not be removed by Tenant. Notwithstanding anything to the contrary herein, Landlord agrees that if Landlord's consent is required in connection with any alterations or improvements by Tenant, and be surrendered with the Premises as a part thereof Landlord grants such consent to Tenant pursuant to clause (i) above, Landlord shall at the termination of this Lease, time such consent is granted notify Tenant whether Tenant shall be required (or be removed from the Premises by Tenant not required) to remove such alteration or improvement at the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees to indemnity, defend, and hold Landlord and the Premises free and harmless from, and against, any and all damages, injuries, losses, liens, costs or expenses (including attorneys’ fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performed. All plan views end of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves the right to make any alterations, additions, or improvements to the Premises which, in Landlord’s sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use of the PremisesTerm hereof.
Appears in 1 contract
Alterations or Improvements. (a) The Tenant shall will not commence nor make any alterations, additions, renovations or improvements in or Alterations to any part of the Premises without first obtaining the Landlord’s prior written consent. Despite the foregoing, the Tenant does not require the Landlord’s consent to carry out any interior Alterations:
(i) for which a building permit is not required by applicable Laws, but the Tenant must give the Landlord prior written notice of its intention to make such Alterations and otherwise comply with the provisions of this section in performing such Alterations.
(b) If any proposed Alterations:
(i) affect the structure of the Premises or the Building or the roof of the Building;
(ii) affect any part of the Premises which may be under warranty to the Landlord;
(iii) affect any of the electrical, plumbing, mechanical, heating, ventilating or air-conditioning systems or other base Building systems thereof, or otherwise require compatibility with the Landlord’s systems;
(iv) are to be installed outside of the Premises;
(v) are installed within the Premises but are part of the Common Areas; or
(vi) affect the Common Areas, the exterior doors of the Premises or the perimeter walls of the Premises including, without limitation, the windows or glass portions thereof, then the Landlord may:
(vii) require such Alterations to be performed by the Landlord or its contractors, but at the Tenant’s sole cost and expense. All alterationsThe Tenant shall pay all such costs and expenses, additionsincluding, renovations and improvements which without limitation, the cost of all Experts retained by the Landlord (plus a sum equal to [*****]% of all such costs representing the Landlord’s administrative fee), within [*****] days of receiving an invoice from the Landlord; and/or
(viii) refuse its consent to the proposed Alterations.
(c) No Alterations by or on behalf of the Tenant shall be made permitted which may weaken or endanger the structure or adversely affect the condition or operation of the Premises or the Building or diminish the value thereof, or restrict or reduce the Landlord’s coverage for municipal zoning purposes.
(d) Prior to commencing any Alterations, the Tenant shall be submit to the Landlord:
(i) details of the proposed Alterations, including, without limitation, drawings and specifications prepared by qualified architects or engineers;
(ii) such indemnification against liens, costs, damages and expenses as the Landlord shall reasonably require; and
(iii) evidence satisfactory to the Landlord that the Tenant has obtained all necessary consents, permits, licences and inspections from all Authorities having jurisdiction.
(e) All Alterations by the Tenant shall be:
(i) at the sole cost and expense of Tenant and shall become a part of the real property and belong to Tenant;
(ii) performed by competent workmen who are approved by the Landlord and shall remain whose labour union affiliations are compatible with others employed by the Landlord and its contractors and who are fully covered by the Workplace Safety and Insurance Board of Ontario. However, the Tenant must retain the Landlord’s base building mechanical, electrical and structural engineering consultants to ensure compatibility of the Building Systems and the Alterations;
(iii) performed in a good and be surrendered workmanlike manner in accordance with the Premises approved drawings and specifications, all applicable Laws and the very best standards of practice;
(iv) subject to the reasonable supervision and direction of the Landlord;
(v) completed as a part thereof at expeditiously as possible with good quality, new materials; and
(vi) done in accordance with any design criteria manual which the termination Landlord may have created for the Building. In the event of any express conflict between the provisions of this LeaseLease and the provisions of such design criteria manual, the provisions of this Lease shall prevail in all cases.
(f) During the making of the Alterations, the Tenant shall:
(i) remove, or be removed cause its contractors to remove, all garbage and debris in connection with the Alterations from the Premises daily and place same into garbage containers for that purpose. If any such garbage or debris is removed by the Landlord’s forces, then the Landlord may invoice the Tenant at for the sole discretion costs of doing so and such invoice must be paid by the Tenant within 15 days following receipt of such invoice;
(ii) carry builder’s all risks insurance satisfactory to the Landlord, acting reasonably, and provide the Landlord with a certificate of insurance certifying that the Tenant has taken out such insurance, which certificate must be signed by or on behalf of the insurer and be in a form acceptable to the Landlord. The Tenant may not commence any Alterations until the Landlord has approved such insurance certificate; and
(iii) retain on the Premises one set of the Tenant’s plans with the Landlord’s approval endorsed ▇▇▇▇▇▇ further agrees to indemnity▇▇.
(g) The Tenant is responsible for all costs incurred by the Landlord (including, defendwithout limitation, fees of architects, engineers and hold Landlord and the Premises free and harmless from, and against, any and all damages, injuries, losses, liens, costs or expenses (including attorneys’ feesdesigners) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk incurred in AutoCAD drawing format. Landlord further reserves the right to make any alterations, additions, or improvements to the Premises which, in Landlord’s sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid to the extent reasonably possible interfering dealing with ▇▇▇▇▇▇’s use request for ▇▇▇▇▇▇▇▇’s consent to any Alterations, whether or not such consent is granted, and in inspecting and supervising any such Alterations, together with a management fee in the amount of:
(i) in connection with all other Alterations, [*****]% of the Premisescosts of the Alterations. The Tenant shall pay such costs and management fee to the Landlord within [*****] days following the Tenant’s receipt of an invoice for such costs and management fee.
(h) Any Alterations made by the Tenant without the prior written consent of the Landlord or which are not in accordance with the drawings and specifications approved by the Landlord shall, if requested by the Landlord, be promptly removed by the Tenant at its expense and the Premises restored to their previous condition, failing which the Landlord may do and the Tenant shall pay the Landlord the Landlord’s costs in doing so, plus an administrative fee equal to [*****]% of such costs, within [*****] days following receipt of an invoice from the Landlord.
(i) Upon completion of any Alterations, the Tenant shall provide to the Landlord as-built drawings for the Premises and shall secure all applicable statutory declarations and certificates of inspection, approval and occupancy and provide evidence of same to the Landlord.
(j) Under no circumstances shall the Tenant, its employees, agents, contractors, suppliers or workmen enter onto the roof of the Building or make any opening in the roof of the Premises in connection with the performance of any Alterations or for any other reason whatsoever.
(k) The Tenant shall furnish to the Landlord within [*****] days following demand, a statutory declaration or other evidence satisfactory to the Landlord stating that there no liens or other encumbrances have been registered against title to the Lands in connection with the Alterations and that all accounts for work, services and materials have been paid in full with respect to all of Alterations. The Tenant shall also furnish to the Landlord within [*****] days following demand, any other information requested by the Landlord regarding the supply of work, services and materials in connection with the performance of the Alterations, including without limitation details of the costs actually expended by Tenant in the performance of the Alterations.
(l) The opinion in writing of the Landlord’s Expert shall be binding on both the Landlord and Tenant respecting all matters of dispute regarding the Alterations, including, without limitation, the state of completion and whether or not the Alterations are completed in a good and workmanlike manner and in accordance with ▇▇▇▇▇▇’s plans and specifications for the Alterations and with the provisions of this section.
(m) Notwithstanding any consents granted by the Landlord to any proposed Alterations, such consents relate only to the general acceptability of the proposed Alterations and that by giving such consents, the Landlord shall not be deemed to have any direct or indirect interest, responsibility or liability with respect to such Alterations or the design, installation or maintenance of same or for the payment of same, all of which shall be the sole responsibility of the Tenant. Without limiting the generality of the foregoing, and notwithstanding any notices which the Landlord may receive from the Tenant’s contractors or subcontractors, the Landlord shall not be liable, and no lien or other encumbrance shall attach to the Landlord’s interest in the Development, pursuant to the Construction Lien Act (Ontario) or any other Laws, in respect of materials supplied or work done by Tenant or on behalf of Tenant (including if done by or on the direction of the Landlord pursuant to its rights in this section) or related to any Alterations, and Tenant shall so notify or cause to be notified all its contractors and subcontractors. The Tenant shall indemnify and save harmless the Landlord from any Claims suffered or incurred by the Landlord which arise out of the performance of the Alterations. The Tenant acknowledges and agrees that the provision of any materials, work or services performed by the Landlord at Tenant’s expense in respect of any Alterations or pursuant to any provision of this Lease shall be deemed to be provided by the Landlord on the Tenant’s behalf as the Tenant’s contractor.
Appears in 1 contract
Alterations or Improvements. During the Term, Tenant shall have the right to make such alterations, additions or improvements to the Premises ("Improvements") as deemed necessary or desirable by Tenant, provided that such Improvements are constructed in accordance with the terms and conditions of this subSection (d); provided, however, Tenant shall not make any alterationsImprovements of a structural nature without obtaining Landlord's prior written consent. At the time Tenant desires to make any Improvements with a cost in excess of Ten Thousand and no/100 Dollars ($10,000.00), additions, renovations Tenant shall submit (i) a general plan or improvements in or layout to Landlord for Landlord's review ; (ii) an indication of any Structural Improvements which require Landlord' s consent; and (iii) an express written notice that Landlord must notify Tenant within twenty (20) days if Landlord will require Tenant to remove such Improvements prior to the Premises without first obtaining the written consent Expiration Date. Within fifteen (15) days following receipt of Landlord. All alterations, additions, renovations such plan and improvements which shall be made shall be at the sole cost and expense of Tenant and shall become a part of the real property and belong to Landlord and shall remain in and be surrendered with the Premises as a part thereof at the termination of this Lease, or be removed from the Premises by Tenant at the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees to indemnity, defend, and hold Landlord and the Premises free and harmless from, and against, any and all damages, injuries, losses, liens, costs or expenses (including attorneys’ fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, furthernotice, Landlord reserves the right shall notify Tenant in writing if Landlord objects to impose any such restrictions or conditions upon its consent Improvements, in which case Tenant may not proceed, and/or if Landlord will require Tenant to remove such Improvements prior to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriateExpiration Date ("Removal Notice"). Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves not have the right to make any alterationsImprovements to or on the common areas of the Project. All Improvements shall be made in compliance with all applicable laws and building codes, additionsin a good and workmanlike manner and in quality equal to or better than the original construction of the Premises. Tenant shall promptly pay all costs attributable to such Improvements and shall indemnify, defend and hold harmless Landlord from and against any mechanic's liens or improvements other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations attributable to such work. Tenant shall promptly repair any damage to the Premises whichor the Project caused during the construction of such Improvements. Landlord shall give proper notice to Tenant of any possible claim with respect to which Tenant's obligation to indemnify, in defend and hold harmless Landlord may apply and Tenant shall have the right to defend any such claim with counsel of Tenant's choosing reasonably acceptable to Landlord’s sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid . All Improvements made by Tenant to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use Premises during the Term shall remain the property of Tenant and Tenant shall be entitled to all depreciation and amortization of costs in connection therewith. All property taxes attributable to such Improvements will be paid by Tenant and not included in Building Expenses. Prior to surrender of the PremisesPremises to Landlord, Tenant shall remove any Improvements identified by Landlord for removal in the Removal Notice and, at Landlord's request provided at least fifteen (15) days prior to the Expiration Date or earlier termination of the Lease, such other Improvements constructed by Tenant during the Term which were not submitted to Landlord for its prior review. Any damage caused by such removal shall be repaired at Tenant's cost and expense. Notwithstanding the preceding to the contrary, Tenant shall have no obligation to remove any Improvements that existed on the Commencement Date, or any Improvements that Tenant installed during the Term and which Landlord did not identify for removal following Landlord's review of the general plans. In the event Tenant so fails to remove any Improvements that Tenant is obligated to remove, Landlord may have same removed and the Premises so repaired at Tenant's expense.
Appears in 1 contract
Alterations or Improvements. Tenant shall not make any alterationsmay make, additionsor may permit to be made, renovations alterations or improvements in or to the Premises without first obtaining Leased Premises, but only if Tenant obtains the prior written consent of Landlord thereto which shall not be unreasonably withheld. Notwithstanding the foregoing, Tenant may make or permit to be made alterations or improvements of a non-structural nature to the Leased Premises without the prior written consent of Landlord to the extent that the cumulative cost of such alterations or improvements does not exceed Twenty-Five Thousand Dollars ($25,000.00) in any Lease Year. If Landlord allows Tenant to make any such alterations or improvements, Tenant shall secure all necessary permits and shall make the alterations and improvements in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and quality equal to or better than the original construction of the building and shall comply with such requirements as Landlord considers necessary or desirable, including without limitation, requirements as to the manner in which and the times at which such work shall be done and the contractor or subcontractors to be selected to perform such work. Landlord's approval of the plans, specifications and working drawings for Tenant's alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, additions, renovations and additions or improvements which shall be made shall be installed at the Tenant's sole expense in compliance with all applicable laws and by a licensed contractor approved in writing by Landlord. Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense expense, a lien and completion bond in an amount equal to one and one-half (1 1/2) times the estimated cost of such improvements, alterations or additions to insure against any liability for mechanic's and/or materialmen's liens and to insure completion of the work. Any alterations, improvements or utility installations in, on or about the Leased Premises that Tenant shall desire to make shall be presented to Landlord in written form with proposed detailed plans. If Landlord shall give its consent, such consent shall be conditioned upon (i) Tenant's acquiring a permit to do so from appropriate governmental agencies, (ii) the furnishing of a copy thereof to Landlord prior to the commencement of the work, and (iii) the compliance by Tenant of all conditions of said permit in a prompt and expeditious manner. Tenant shall promptly pay all costs attributable to such alterations and improvements. Tenant shall promptly repair any damage to the Leased Premises or the Building caused by any such alterations or improvements. Any alterations or improvements to the Leased Premises paid for by Landlord, except movable office furniture and equipment and trade fixtures, shall become a part of the real realty and the property and belong to Landlord of Landlord, and shall remain in and be surrendered with the Premises as a part thereof at the termination of this Lease, or not be removed from the Premises by Tenant at the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees to indemnity, defend, and hold Landlord and the Premises free and harmless from, and against, any and all damages, injuries, losses, liens, costs or expenses (including attorneys’ fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing has the construction project. Tenant shall also furnish option to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves the right to make any alterations, additions, remove alterations or improvements to the Leased Premises which, in Landlord’s sole discretion, are necessary or appropriate paid for the Premises, provided that Landlord will avoid to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use of the Premisesby Tenant.
Appears in 1 contract
Alterations or Improvements. Tenant shall not make, nor permit to be made, alterations or improvements to the Premises, unless Tenant obtains the prior written consent of Landlord thereto. If Landlord permits Tenant to make any alterationssuch alterations or improvements, additionsTenant shall make the same in accordance with all applicable laws and building codes, renovations in a good and workmanlike manner and in quality equal to or better than the original construction of the Project and shall comply with such requirements as Landlord considers necessary or desirable, including without limitation the provision by Tenant to Landlord with security for the payment of all costs to be incurred in connection with such work, requirements as to the manner in which and the times at which such work shall be done and the contractor or subcontractors to be selected to perform such work and the posting and re-posting of notices of Landlord's non-responsibility for mechanics' liens. Tenant shall promptly pay all costs attributable to such alterations and improvements in and shall indemnify, defend and hold harmless Landlord from and against any mechanic's liens or other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations attributable to such work. Tenant shall promptly repair any damage to the Premises without first obtaining or the written consent of Project caused by any such alterations or improvements. Any alterations or improvements to the Premises, except movable office furniture and equipment and trade fixtures, shall at Landlord. All alterations's election, additions, renovations and improvements which shall be made shall be at the sole cost and expense of Tenant and shall either (i) become a part of the real realty and the property and belong to Landlord of Landlord, and shall remain in and not be surrendered with the Premises as a part thereof at the termination of this Leaseremoved by Tenant, or (ii) be removed from the Premises by Tenant upon the expiration or sooner termination hereof and any damage caused thereby repaired at Tenant's cost and expense. In the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees event Tenant so fails to indemnityremove same, defend, and hold Landlord may have same removed and the Premises free so repaired at Tenant's expense. At Landlord's election, Landlord and harmless fromLandlord's architect, and against, any and all damages, injuries, losses, liens, costs engineers or expenses (including attorneys’ fees) incurred, claimed or arising out of said work. Landlord reserves contractors shall have the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall provide Landlord supervise all construction operations within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves the right to make any alterations, additions, or improvements to the Premises which, in Landlord’s sole discretion, are necessary or appropriate for the Premises, provided that and Tenant shall promptly pay Landlord will avoid to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use cost of the Premisessuch supervision.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Behringer Harvard Reit I Inc)
Alterations or Improvements. During the Term, Tenant shall have the right to make such alterations, additions or improvements to the Premises (“Improvements”) as deemed necessary or desirable by Tenant, provided that such Improvements are constructed in accordance with the terms and conditions of this subsection (d); provided, however, Tenant shall not make any alterationsImprovements of a structural nature without obtaining Landlord’s prior written consent. At the time Tenant desires to make any Improvements with a cost in excess of Ten Thousand and no/100 Dollars ($10,000.00), additions, renovations Tenant shall submit (i) a general plan or improvements in or layout to Landlord for Landlord’s review; (ii) an indication of any Structural Improvements which require Landlord’s consent; and (iii) an express written notice that Landlord must notify Tenant within twenty (20) days if Landlord will require Tenant to remove such Improvements prior to the Premises without first obtaining the written consent Expiration Date. Within fifteen (15) days following receipt of Landlord. All alterations, additions, renovations such plan and improvements which shall be made shall be at the sole cost and expense of Tenant and shall become a part of the real property and belong to Landlord and shall remain in and be surrendered with the Premises as a part thereof at the termination of this Lease, or be removed from the Premises by Tenant at the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees to indemnity, defend, and hold Landlord and the Premises free and harmless from, and against, any and all damages, injuries, losses, liens, costs or expenses (including attorneys’ fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, furthernotice, Landlord reserves the right shall notify Tenant in writing if Landlord objects to impose any such restrictions or conditions upon its consent Improvements, in which case Tenant may not proceed, and/or if Landlord will require Tenant to remove such Improvements prior to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriateExpiration Date (“Removal Notice”). Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves not have the right to make any alterationsImprovements to or on the common areas of the Project. All Improvements shall be made in compliance with all applicable laws and building codes, additionsin a good and workmanlike manner and in quality equal to or better than the original construction of the Premises. Tenant shall promptly pay all costs attributable to such Improvements and shall indemnify, defend and hold harmless Landlord from and against any mechanic’s liens or improvements other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations attributable to such work. Tenant shall promptly repair any damage to the Premises whichor the Project caused during the construction of such Improvements. Landlord shall give proper notice to Tenant of any possible claim with respect to which Tenant’s obligation to indemnify, defend and hold harmless Landlord may apply and Tenant shall have the right to defend any such claim with counsel of Tenant’s choosing reasonably acceptable to Landlord. All Improvements made by Tenant to the Premises during the Term shall remain the property of Tenant and Tenant shall be entitled to all depreciation and amortization of costs in connection therewith. All property taxes attributable to such Improvements will be paid by Tenant and not included in Building Expenses. Prior to surrender of the Premises to Landlord, Tenant shall remove any Improvements identified by Landlord for removal in the Removal Notice and, at Landlord’s sole discretion, are necessary or appropriate for the Premises, request provided that Landlord will avoid at least fifteen (15) days prior to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use Expiration Date or earlier termination of the PremisesLease, such other Improvements constructed by Tenant during the Term which were not submitted to Landlord for its prior review. Any damage caused by such removal shall be repaired at Tenant’s cost and expense. Notwithstanding the preceding to the contrary, Tenant shall have no obligation to remove any Improvements that existed on the Commencement Date, or any Improvements that Tenant installed during the Term and which Landlord did not identify for removal following Landlord’s review of the general plans. In the event Tenant so fails to remove any Improvements that Tenant is obligated to remove, Landlord may have same removed and the Premises so repaired at Tenant’s expense.
Appears in 1 contract
Sources: Lease Agreement (Cray Inc)
Alterations or Improvements. Tenant shall not Licensee may, at any time during the Term, at its cost, make any alterations, additions, renovations improvements or improvements in or additions to the Premises without first obtaining (collectively "Alteration" or "Alterations") with the prior written consent of LandlordLicensor, which consent shall not be unreasonably withheld or delayed. All alterations, additions, renovations and improvements which shall be made shall be at the sole cost and expense of Tenant and shall become a part of the real property and belong to Landlord and shall remain in and be surrendered with the Premises as a part thereof at the termination of this Lease, or be removed from the Premises by Tenant at the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees to indemnity, defend, and hold Landlord and the Premises free and harmless from, and against, any and all damages, injuries, losses, liens, costs or expenses (including attorneys’ fees) incurred, claimed or arising out of said work. Landlord Licensor expressly reserves the right to review and approve Tenant’s plansexclude from the Building any person, specifications and firm or corporation attempting to perform any work or act as construction contractor andor manager without Licensor's prior written consent. Licensor shall have, furtherat its option, Landlord reserves the right to impose enter the Premises to inspect and to insure that the work is being or has been performed in compliance with the plans and specifications approved by Licensor. Licensee shall be obligated at the License Termination to remove any Alterations. All Alterations: (i) shall be made at Licensee's own cost and expense and at such restrictions times and in such manner as Licensor may from time to time designate; (ii) shall comply with all Legal Requirements; (iii) shall be made promptly and in a good and workmanlike manner using Building standard or conditions upon its consent higher quality materials; and (iv) shall not affect the appearance of the Building, or be visible from the exterior of the Building, it being Licensor's intention to keep the above workexterior appearance of the Building reasonably uniform (and, in pursuance thereof, Licensor shall have the right to approve the appearance of all such Alterations, including ceiling heights, blinds, lighting, signs and other decorations). In the requirement event that Tenant appropriately bond Licensor submits the sameplans and specifications referred to above to Licensor's architects and/or engineers for review, Licensee shall reimburse Licensor as Landlord may deem reasonably appropriate. Tenant shall provide Landlord additional License Fee for Licensor's reasonable, actual out-of-pocket expenses incurred with respect to review by bona fide third parties in connection with such review within sixty thirty (6030) days after receipt from contractor written notice to Licensee of “As-built documentation”the amount of such expense. Before construction. Prior to commencing the performance of any Alterations, Licensee shall furnish to Licensor: (i) plans and specifications (to be prepared by a set licensed architect or engineer engaged by Licensee, at its sole cost and expense), in sufficient detail to be accepted for filing with appropriate governmental agencies. Licensee shall not commence the performance thereof, unless and until Licensor has given written consent to said plans and specifications; (ii) a certificate evidencing that Licensee (or Licensee's contractors) has (have) procured and paid for worker's compensation insurance, as required by law, covering all persons employed in connection with the work who might assert claims for death or bodily injury against Licensor, Licensee, the Land and/or the Building; (iii) such additional personal injury and property damage insurance (over and above the insurance required to be carried by Licensee pursuant to the provisions of mylar reproducible copies of record drawings Section 22 below), and builder's risk, fire and other data showing casualty insurance, as Licensor may reasonably require in connection with the construction project. Tenant shall also furnish work to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” be done for the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves the right to make any alterations, additions, or improvements to the Premises which, in Landlord’s sole discretion, are necessary or appropriate for the PremisesLicensee, provided that Landlord will avoid the same is commercially reasonable and consistent with that required by Licensors of comparable buildings; (iv) at Licensee's expense, all permits, approvals and certificates required by any governmental body; and (v) if Licensor so requests, a surety company performance bond in form and substance satisfactory to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use Licensor (procured at Licensee's own cost and expense), issued by a surety company acceptable to Licensor, or other security satisfactory to Licensor, in an amount equal to, at least one hundred (100) percent of the Premisesestimated cost of such Alterations, guaranteeing to Licensor the completion thereof and payment within a reasonable time, free and clear of all liens, encumbrances, chattel mortgages, security interests, conditional bills of sale and other charges, and in accordance with the plans and specifications approved by Licensor.
Appears in 1 contract
Sources: Office Space License Agreement (Red Cat Holdings, Inc.)
Alterations or Improvements. (a) The Tenant shall will not commence nor make any alterations, additions, renovations or improvements in or Alterations to any part of the Premises without first obtaining the Landlord’s prior written consent. Despite the foregoing, the Tenant does not require the Landlord’s consent to carry out any interior Alterations:
(i) for which a building permit is not required by applicable Laws, but the Tenant must give the Landlord prior written notice of its intention to make such Alterations and otherwise comply with the provisions of this section in performing such Alterations.
(b) If any proposed Alterations:
(i) affect the structure of the Premises or the Building or the roof of the Building;
(ii) affect any part of the Premises which may be under warranty to the Landlord;
(iii) affect any of the electrical, plumbing, mechanical, heating, ventilating or air-conditioning systems or other base Building systems thereof, or otherwise require compatibility with the Landlord’s systems;
(iv) are to be installed outside of the Premises;
(v) are installed within the Premises but are part of the Common Areas; or
(vi) affect the Common Areas, the exterior doors of the Premises or the perimeter walls of the Premises including, without limitation, the windows or glass portions thereof, then the Landlord may:
(vii) require such Alterations to be performed by the Landlord or its contractors, but at the Tenant’s sole cost and expense. All alterationsThe Tenant shall pay all such costs and expenses, additionsincluding, renovations and improvements which without limitation, the cost of all Experts retained by the Landlord (plus a sum equal to 15% of all such costs representing the Landlord’s administrative fee), within 15 days of receiving an invoice from the Landlord; and/or
(viii) refuse its consent to the proposed Alterations.
(c) No Alterations by or on behalf of the Tenant shall be made permitted which may weaken or endanger the structure or adversely affect the condition or operation of the Premises or the Building or diminish the value thereof, or restrict or reduce the Landlord’s coverage for municipal zoning purposes.
(d) Prior to commencing any Alterations, the Tenant shall be submit to the Landlord:
(i) details of the proposed Alterations, including, without limitation, drawings and specifications prepared by qualified architects or engineers;
(ii) such indemnification against liens, costs, damages and expenses as the Landlord shall reasonably require; and
(iii) evidence satisfactory to the Landlord that the Tenant has obtained all necessary consents, permits, licences and inspections from all Authorities having jurisdiction.
(e) All Alterations by the Tenant shall be:
(i) at the sole cost and expense of Tenant and shall become a part of the real property and belong to Tenant;
(ii) performed by competent workmen who are approved by the Landlord and shall remain whose labour union affiliations are compatible with others employed by the Landlord and its contractors and who are fully covered by the Workplace Safety and Insurance Board of Ontario. However, the Tenant must retain the Landlord’s base building mechanical, electrical and structural engineering consultants to ensure compatibility of the Building Systems and the Alterations;
(iii) performed in a good and be surrendered workmanlike manner in accordance with the Premises approved drawings and specifications, all applicable Laws and the very best standards of practice;
(iv) subject to the reasonable supervision and direction of the Landlord;
(v) completed as a part thereof at expeditiously as possible with good quality, new materials; and
(vi) done in accordance with any design criteria manual which the termination Landlord may have created for the Building. In the event of any express conflict between the provisions of this LeaseLease and the provisions of such design criteria manual, the provisions of this Lease shall prevail in all cases.
(f) During the making of the Alterations, the Tenant shall:
(i) remove, or be removed cause its contractors to remove, all garbage and debris in connection with the Alterations from the Premises daily and place same into garbage containers for that purpose. If any such garbage or debris is removed by the Landlord’s forces, then the Landlord may invoice the Tenant for the costs of doing so and such invoice must be paid by the Tenant within 15 days following receipt of such invoice;
(ii) carry builder’s all risks insurance satisfactory to the Landlord, acting reasonably, and provide the Landlord with a certificate of insurance certifying that the Tenant has taken out such insurance, which certificate must be signed by or on behalf of the insurer and be in a form acceptable to the Landlord. The Tenant may not commence any Alterations until the Landlord has approved such insurance certificate; and
(iii) retain on the Premises one set of the Tenant's plans with the Landlord’s approval endorsed thereon.
(g) The Tenant is responsible for all costs incurred by the Landlord (including, without limitation, fees of architects, engineers and designers) incurred in dealing with Tenant’s request for Landlord’s consent to any Alterations, whether or not such consent is granted, and in inspecting and supervising any such Alterations, together with a management fee in the amount of:
(i) in connection with all other Alterations, 15% of the costs of the Alterations. The Tenant shall pay such costs and management fee to the Landlord within 15 days following the Tenant’s receipt of an invoice for such costs and management fee.
(h) Any Alterations made by the Tenant without the prior written consent of the Landlord or which are not in accordance with the drawings and specifications approved by the Landlord shall, if requested by the Landlord, be promptly removed by the Tenant at the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees to indemnity, defend, and hold Landlord its expense and the Premises free and harmless fromrestored to their previous condition, and against, any and all damages, injuries, losses, liens, costs or expenses (including attorneys’ fees) incurred, claimed or arising out of said work. Landlord reserves failing which the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. do and the Tenant shall pay the Landlord the Landlord’s costs in doing so, plus an administrative fee equal to 15% of such costs, within 15 days following receipt of an invoice from the Landlord.
(i) Upon completion of any Alterations, the Tenant shall provide to the Landlord as-built drawings for the Premises and shall secure all applicable statutory declarations and certificates of inspection, approval and occupancy and provide evidence of same to the Landlord.
(j) Under no circumstances shall the Tenant, its employees, agents, contractors, suppliers or workmen enter onto the roof of the Building or make any opening in the roof of the Premises in connection with the performance of any Alterations or for any other reason whatsoever.
(k) The Tenant shall furnish to the Landlord within sixty (60) 15 days after receipt from contractor of “As-built documentation”following demand, a set statutory declaration or other evidence satisfactory to the Landlord stating that there no liens or other encumbrances have been registered against title to the Lands in connection with the Alterations and that all accounts for work, services and materials have been paid in full with respect to all of mylar reproducible copies of record drawings and other data showing the construction projectAlterations. The Tenant shall also furnish to the Landlord one preliminary review copy within 15 days following demand, any other information requested by the Landlord regarding the supply of work, services and three finished copies materials in connection with the performance of “Equipment Operation the Alterations, including without limitation details of the costs actually expended by Tenant in the performance of the Alterations.
(l) The opinion in writing of the Landlord’s Expert shall be binding on both the Landlord and Maintenance Manual” Tenant respecting all matters of dispute regarding the Alterations, including, without limitation, the state of completion and whether or not the Alterations are completed in a good and workmanlike manner and in accordance with Tenant’s plans and specifications for the Premises at which work was performed. All plan views Alterations and with the provisions of this section.
(m) Notwithstanding any consents granted by the Landlord to any proposed Alterations, such consents relate only to the general acceptability of the construction project proposed Alterations and that by giving such consents, the Landlord shall not be deemed to have any direct or indirect interest, responsibility or liability with respect to such Alterations or the design, installation or maintenance of same or for the payment of same, all of which shall be prepared using AutoCAD softwarethe sole responsibility of the Tenant. Without limiting the generality of the foregoing, Release #11 and notwithstanding any notices which the Landlord may receive from the Tenant’s contractors or subcontractors, the Landlord shall not be liable, and no lien or other encumbrance shall attach to the Landlord’s interest in the Development, pursuant to the Construction Lien Act (Ontario) or any other Laws, in respect of materials supplied or work done by AutodeskTenant or on behalf of Tenant (including if done by or on the direction of the Landlord pursuant to its rights in this section) or related to any Alterations, Inc. Copies and Tenant shall so notify or cause to be notified all its contractors and subcontractors. The Tenant shall indemnify and save harmless the Landlord from any Claims suffered or incurred by the Landlord which arise out of all plan drawings the performance of the Alterations. The Tenant acknowledges and agrees that the provision of any materials, work or services performed by the Landlord at Tenant’s expense in respect of any Alterations or pursuant to any provision of this Lease shall be submitted deemed to be provided by the Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves the right to make any alterations, additions, or improvements to Tenant’s behalf as the Premises which, in LandlordTenant’s sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use of the Premisescontractor.
Appears in 1 contract
Sources: Lease Agreement (Ehave, Inc.)
Alterations or Improvements. Tenant shall not make any alterations, additions, renovations or improvements in or to the Premises without first obtaining the written consent of Landlord. All alterations, additions, renovations and improvements which shall be made shall be at the sole cost and expense of Tenant and shall become a part of the real property and belong to Landlord and shall remain in and be surrendered with the Premises as a part thereof at the termination of this Lease, or be removed from the Premises by Tenant at the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees to indemnityindemnify, defend, and hold Landlord and the Premises free and harmless from, and against, any and all damages, injuries, losses, liens, costs or expenses (including attorneys’ ' fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s 's plans, specifications and contractor and, further, Landlord reserves the right to impose such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “"As-built documentation”", a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “"Equipment Operation and Maintenance Manual” " for the Premises at which work was performed. All plan views of the construction project shall be prepared using the most current AutoCAD software, Release #11 by Autodesk, Inc. software available. Copies of all plan drawings shall be submitted to Landlord on floppy disk District in AutoCAD drawing format as well as PDF format. Landlord further reserves the right to make any alterations, additions, or improvements to the Premises which, in Landlord’s 's sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid to the extent reasonably possible interfering with ▇▇▇▇▇▇’s 's use of the Premises.
Appears in 1 contract
Sources: Lease Agreement
Alterations or Improvements. Tenant a. Subtenant shall not make any alterations, additions, renovations alterations or improvements in or to the Subleased Premises without first obtaining the express prior written consent of Sublessor and Landlord if such consent is required by Article 5 of the ▇▇▇▇▇▇▇▇▇. Notwithstanding the foregoing, if Landlord's consent is not required under the ▇▇▇▇▇▇▇▇▇, Subtenant shall not be required to obtain Sublessor's consent to perform any such alterations or improvements. All alterations, additions, renovations and alterations or improvements which shall be made shall be made, if at all, at the sole cost and expense of Tenant Subtenant, and shall become a part be made solely in accordance with the provisions and requirements of the real property and belong to Landlord and shall remain in and be surrendered with the Premises as a part thereof at the termination of this Lease, or be removed from the Premises by Tenant at the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees to indemnity, defend, and hold Landlord and the Premises free and harmless from, and against, any and all damages, injuries, losses, liens, costs or expenses (including attorneys’ fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves the right to make any alterations, additions, or improvements to the Premises which, in Landlord’s sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use ▇▇▇, and with respect thereto: (i) all obligations of and all acts or things to be performed, done or observed on "Tenant's" part thereunder, shall be the obligations of and shall be performed, done and observed by Subtenant; and (ii) all references contained therein to "Landlord" shall be deemed to include and shall include Sublessor hereunder.
b. Any personal property (expressly excluding Sublessor's personalty and Sublessor's fixtures, furnishings and furniture as set forth as "Sublessor's Personalty" on Exhibit D annexed hereto and made a part hereof which Sublessor's Personalty shall be returned to Sublessor at the end of the Term in good condition, reasonable wear and tear excepted) shall remain the property of Subtenant and may be removed by Subtenant on or prior to the expiration of the Term, provided that Subtenant repair any damage to the Subleased Premises caused by its removal. Except as provided below, all personal property not removed by Subtenant as aforesaid, Sublessor's Personalty, and all alterations and improvements shall be the property of Sublessor at the expiration of the Term. At Sublessor's request, made prior to the end of the Term, Subtenant shall be obligated within a reasonable time, at its sole cost and expense, to remove from the Subleased Premises on or prior to the expiration of the Sublease (i) all or any part of Subtenant's movable personal property not affixed to the Subleased Premises, and (ii) all or any part of any alterations or improvements made by Subtenant or for its account other than those performed with the express prior written consent of Sublessor or for those to which Sublessor's consent is not required hereunder. Subtenant shall substantially restore any portions of the Subleased Premises damaged by the removal of the items set forth in the immediately preceding sentence including, but not limited to, signage, furniture and furnishings, to the condition existing as of the commencement of occupancy by Subtenant of the Subleased Premises, ordinary wear and tear, the failure of Landlord or Sublessor to perform its repair obligations hereunder, and damage from fire or other casualty excepted.
Appears in 1 contract
Sources: Sublease Agreement (Ultrafem Inc)
Alterations or Improvements. .1 Following approval by Landlord, Tenant shall install, at its own expense and in accordance with the Environmental Management Plan, its initial Leasehold Improvements and Trade Fixtures in accordance with the provisions of the Construction Schedule annexed hereto and the Design Criteria Manual provided to Tenant.
.2 Prior to taking possession of the Premises and commencing any work Tenant shall provide Landlord with an insurance certificate from its insurer and its contractors’ insurer confirming comprehensive general liability and building risk insurance in effect in an amount not less than $5,000,000 per occurrence and naming Landlord, Manager and any Mortgagee as an additional insured and containing cross liability and severability of interest provisions.
.3 Following installation of such initial Leasehold Improvements, and Trade Fixtures, Tenant shall not make any alterations, repairs, changes, replacements, additions, renovations installations or improvements (the “Alterations”) to any part of the Premises, Leasehold Improvements or Trade Fixtures without Landlord’s prior written approval, which approval shall not be unreasonably withheld, unless the Alterations may affect a structural part of the Building or may affect the mechanical, electrical, HVAC or other basic systems of the Building or the capacities thereof, in which case Landlord’s approval may be arbitrarily withheld. Tenant shall submit to Landlord details of any proposed Alterations, including two (2) complete sets of professionally prepared working drawings (which shall include any architectural, structural, electrical, mechanical, computer system wiring and telecommunication plans) of the proposed Alterations and specifications prepared by qualified designers and conforming to good engineering practice as well as a Statement as to how such Alterations are consistent with the Environmental Management Plan and Design Criteria Manual. Tenant shall retain Landlord’s base building mechanical, electrical, environmental and structural engineering consultants to ensure compatibility of the Alterations with the Building Systems, the Environmental Management Plan and the Design Criteria Manual. If Tenant uses other consultants for the preparation of Tenant’s working drawings, then Landlord may elect to retain architects, environmental consultants and engineers to review such working drawings for the purpose of approving the proposed Alterations (it being understood that notwithstanding such approval, Landlord shall have no responsibility with respect to the adequacy of such working drawings).
.4 The installation of all Leasehold Improvements and Alterations shall:
.1 at Landlord’s option, be performed by Landlord as an Additional Service,
.2 be performed expeditiously and at the sole risk and expense of Tenant, (i) in accordance with the Design Criteria Manual and the Environmental Management Plan, (ii) in accordance with the plans and specifications submitted to and approved by Landlord, (iii) in accordance with any conditions, regulations, procedures or rules imposed by Landlord, (iv) in compliance with all Applicable Laws; and (v) in a good and workmanlike and expeditious manner using new materials.
.3 be performed by competent workers whose labour union affiliations, if any, are compatible with others employed by Landlord and its contractors, and who will not interfere with work being performed by Landlord. Tenant will deliver a list identifying every contractor and subcontractor, accompanied by an up-to-date valid clearance certificate for each of them issued by the appropriate workers’ compensation, safety and insurance authority and Landlord shall have approved, prior to commencement of the Alterations, such contractors and subcontractors and their respective labour affiliations. Tenant will not use any contractor or permit the use of any sub-contractor that is not identified on the list.
.4 be performed in compliance with the applicable requirements of all Authorities, evidence of which shall be provided to Landlord, and be subject to the supervision and direction of Landlord.
.5 equal or exceed the then current standard for the Building, and
.6 subject to section 7.4.7, be carried out only by persons selected by Tenant and approved in writing by Landlord, who will, if required by Landlord, deliver to Landlord before commencement of the work performance and payment bonds as well as proof of workers’ compensation and public liability and property damage insurance coverage, with Landlord, any Manager and any Mortgagee as required by Landlord to be named as additional named insureds, in amounts, with companies, and in form reasonably satisfactory to Landlord, which will remain in effect during the entire period in which the work will be carried out.
.5 Any Leasehold Improvements made by Tenant without the prior written consent of Landlord or which are not in strict accordance with the drawings and specifications approved by Landlord shall, if requested by Landlord, be promptly removed by Tenant at Tenant’s expense, and the Premises shall be restored to their previous condition.
.6 Tenant shall reimburse Landlord for the cost of technical evaluation of Tenant’s plans and specifications by either Landlord or an outside consultant plus an administration fee of 15% of such costs and shall revise such plans and specifications as Landlord deems necessary. Tenant shall be solely responsible for the adequacy and sufficiency of Tenant’s plans and specifications and Landlord shall have no liability of any kind arising from Landlord’s review or approval of such plans and specifications nor shall Landlord’s review and approval constitute an acknowledgement or indication of any kind as to the adequacy or sufficiency of Tenant’s plans and specifications.
.7 Tenant shall have provided to Landlord a copy of the contract for the Alterations and evidence satisfactory to Landlord as to the existence of all necessary permits.
.8 In carrying out any alterations or improvements in or the Premises, Tenant, at its expense, shall pay to Landlord with respect to such work the cost to Landlord of all Utilities supplied to the Premises without first obtaining with respect to such work and the written consent cost of any Additional Services including the cost of any necessary cutting or patching or repairing of any Damage to the Building or the Premises, any cost to Landlord of removing refuse, cleaning, hoisting of materials and any other costs of Landlord which can be reasonably allocated as a direct expense relating to the conduct of such work.
.9 If a request is made by Tenant with respect to approval of Alterations or initial work including work which may affect the structure or matters which affect the mechanical, electrical, HVAC or other basic systems of the Building or the capacities thereof, which request is approved by Landlord, Landlord may require that such work be designed by consultants designated by it and paid by Tenant and that it be performed by Landlord or its contractors. All alterationsIf Landlord or its contractors perform such work, additions, renovations and improvements which shall be made it shall be at Tenant’s expense in an amount equal to Landlord’s total cost of such work or the sole contract price therefor plus, in either case, 15% payable following completion upon demand. Notwithstanding the foregoing, if Tenant requests Landlord to alter or install any Leasehold Improvements or Trade Fixtures such work will be considered as an Additional Service. Tenant will, if required by Landlord, deliver to Landlord prior to commencement of any Alterations an unconditional irrevocable letter of credit or other security satisfactory to Landlord in amount equal to Landlord’s reasonable estimate of the cost of performing such Alterations, including 15% of the total of such costs representing Landlord’s overhead. If Landlord does not elect to perform any Alterations or initial work on Tenant’s behalf Landlord will nevertheless be paid a fee equal to 10% of the total cost of such work for co-ordination and expense supervision services.
.10 No Leasehold Improvements by or on behalf of Tenant and shall become a part be permitted which may adversely affect the condition or operation of the real property and belong to Landlord and shall remain in and be surrendered Building or any of its systems or the Premises, are inconsistent with the Premises Environmental Management Plan or diminish the value of the Building or restrict or reduce Landlord’s coverage for municipal zoning purposes.
.11 If any proposed Alterations could affect the structure, the exterior walls or the Building Systems, Landlord may require that any such Alterations be performed by either Landlord or its contractors in which case Tenant shall pay Landlord’s cost plus an administration fee of 15% of such costs.
.12 During construction and installation of Leasehold Improvements, Tenant shall keep the Building clean of any related debris and in any event, after construction is completed Tenant shall do an adequate “first clean” to the Premises.
.13 Any Alterations and initial work will be subject to the regulations, supervision, control and inspection by Landlord or its employees, agents, manager or contractors during construction. Tenant acknowledges that such supervision will be for the benefit of Landlord only and that Landlord will not be responsible in any way whatsoever for the quality, design, construction or installation of any such Alterations. In addition to any other payment contained in this Article, Tenant shall pay to Landlord, on demand, Landlord’s then current fee for coordination services provided by Landlord during Tenant’s construction of its Alterations, the “Construction Management Fee” as a part thereof at set out in Schedule 8.
.14 Tenant shall ensure that all cabling installed in the termination Building in connection with Tenant’s business in or use of this Lease, or be removed from the Premises by Tenant at is appropriately labeled. Installation of flammable cabling shall be strictly prohibited.
.15 Upon completion of the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees to indemnityAlterations, defend, and hold Landlord and the Premises free and harmless from, and against, any and all damages, injuries, losses, liens, costs or expenses (including attorneys’ fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall provide Landlord within sixty (60) days after receipt from contractor with a complete set, consisting of true original and electronic copies, of “As-built documentation”as built” drawings for the Alterations.
.16 Any increase in Realty Taxes on or fire or casualty insurance premiums for the Building attributable to the Alterations will be borne by Tenant and Tenant will pay Landlord for the cost of such increase upon receipt of Landlord’s invoice.
.17 Tenant shall promptly pay before delinquency all its contractors and suppliers for all work done and materials supplied in respect of the Premises and shall do all things necessary to prevent a lien attaching to the Lands or Building and should any such lien be made, filed or attach Tenant shall discharge or vacate such lien immediately. If Tenant shall fail to discharge or vacate any lien, then in addition to any other right or remedy of Landlord, Landlord may discharge or vacate the lien by paying into Court the amount required to be paid to obtain a set discharge, and the amount so paid by Landlord together with all costs and expenses including solicitor’s fees (on a solicitor and his client basis) incurred in connection therewith shall be due and payable by Tenant to Landlord on demand together with interest at the Interest Rate, calculated from the date of mylar reproducible copies payment by Landlord until all of record drawings and other data showing the construction projectsuch amounts have been paid by Tenant to Landlord. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD softwarenot mortgage, Release #11 by Autodeskcharge, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk grant a security interest in AutoCAD drawing format. Landlord further reserves the right to make or otherwise encumber any alterations, additions, or improvements to the Premises which, in Landlord’s sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use of the PremisesLeasehold Improvements.
Appears in 1 contract
Alterations or Improvements. Tenant shall not make any alterationsmake, additionsnor permit to be made, renovations alterations or Improvements to the Premises, Tenant snail not make. nor permit to be made. alterations or improvements in or to Me Premises. unless Tenant obtains the Premises without first obtaining the prior written consent of Landlord. All alterations, additions, renovations and improvements which shall be made shall be at the sole cost and expense of Tenant and shall become a part of the real property and belong to Of Landlord and shall remain in and be surrendered with the Premises as a part thereof at the termination of this Lease, or be removed from the Premises by Tenant at the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees ▇▇ Landlord permits Tenant to indemnitymake any Such alterations or Improvements. Tenant shad make the same In accordance with all applicable laws and building codes. in a good and workmanlike manner and in quality equal to or better Man the original construction of the Building and shall comply with such requirements as Landlord considers necessary or desirable, defendincluding without limitation the provision by Tenant to Landlord with security for the payment of all costs to be incurred in connection with such work, requirements as to the manner in which and the times at which such work shall be done and the contractor or subcontractors to be selected to perform such work and the posting and re-posting of notices of Landlord's non-responsibility for mechanics' liens. Tenant shall promptly pay all costs attributable to such alterations and improvements and shall indemnify. defend and hold harmless Landlord from and the Premises free against any mechanic's liens or other liens or Claims filed or asserted as a result thereof and harmless from, and against, against any and all damages, injuries, losses, liens, costs or expenses (including attorneys’ fees) incurred, claimed or arising out which may be incurred as a result of said holding code violations attributable to such work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish promptly repair any damage to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performedor the Building caused by any such alterations or improvements. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves the right to make any alterations, additions, Any alterations or improvements to the Premises whichPremises. except movable office furniture and equipment and trade fixtures, in shall at Landlord’s sole discretion's election, are necessary either (i) become a part of the realty and the property of Landlord. and shall not be removed by Tenant, or appropriate for (ii) be removed by Tenant upon the expiration or sooner termination hereof and any damage caused thereby repairs at Tenant's cost and expense. In the event Tenant so fails to remove same, Landlord may ▇▇▇▇ same removed and the Premise so repaired at Tenant's expense. At Landlord's election, Landlord and Landlord's architect. engineers or contractor's shall have the right to supervise all construction operations within the Premises, provided that and Tenant shall promptly pay Landlord will avoid to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use cost of the Premisessuch supervision.
Appears in 1 contract
Sources: Lease (Early Detect)
Alterations or Improvements. .1 Following approval by Landlord, Tenant shall install its initial Leasehold Improvements and Trade Fixtures in accordance with the provisions of the Construction Schedule annexed hereto and the Building’s Design Criteria Manual provided to Tenant.
.2 Following installation of such initial Leasehold Improvements, and Trade Fixtures, Tenant shall not make any alterations, additionsrepairs, renovations or improvements in or to the Premises without first obtaining the written consent of Landlord. All alterationschanges, replacements, additions, renovations installations or improvements (the “Alterations”) to any part of the Premises, Leasehold Improvements or Trade Fixtures without Landlord’s prior written approval, which approval shall not be unreasonably withheld, unless the Alterations may affect a structural part of the Building or may affect the mechanical, electrical, HVAC or other basic systems of the Building or the capacities thereof, in which case Landlord’s approval may be arbitrarily withheld. Tenant shall submit to Landlord details of any proposed Alterations, including complete working drawings and improvements specifications prepared by qualified designers and conforming to good engineering practice.
.3 The installation of all Leasehold Improvements and Alterations shall:
.1 at Landlord’s option, be performed by Landlord as an Additional Service,
.2 be performed expeditiously and at the sole risk and expense of Tenant, and in accordance with the Design Criteria Manual,
.3 be performed by competent workers whose labour union affiliations, if any, are compatible with others employed by Landlord and its contractors, and who will not interfere with work being performed by Landlord,
.4 be performed in a good and workmanlike manner and only in strict accordance with the drawings and specifications which Landlord has approved,
.5 be performed in compliance with the applicable requirements of all Authorities, evidence of which shall be made shall provided to Landlord, and be at subject to the sole cost supervision and expense direction of Landlord,
.6 equal or exceed the then current standard for the Building, and
.7 subject to section 7.4.7, be carried out only by persons selected by Tenant and shall become a part approved in writing by Landlord, who will, if required by Landlord, deliver to Landlord before commencement of the real work performance and payment bonds as well as proof of workers’ compensation and public liability and property damage insurance coverage, with Landlord as an additional named insured, in amounts, with companies, and belong in form reasonably satisfactory to Landlord and shall Landlord, which will remain in and effect during the entire period in which the work will be surrendered with carried out. Prior to taking possession of the Premises as a part thereof at the termination of this Lease, or be removed from the Premises by Tenant at the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees to indemnity, defend, and hold Landlord and the Premises free and harmless from, and against, commencing any and all damages, injuries, losses, liens, costs or expenses (including attorneys’ fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. work Tenant shall provide Landlord within sixty (60) days after receipt with an insurance certificate from contractor its insurer and its contractors’ insurer confirming comprehensive general liability and building risk insurance in effect in an amount not less than $5,000,000 per occurrence and naming Landlord as an additional insured and containing cross liability and severability of “As-built documentation”, a set interest provisions.
.4 Any Leasehold Improvements made by Tenant without the prior written consent of mylar reproducible copies of record Landlord or which are not in strict accordance with the drawings and other data showing specifications approved by Landlord shall, if requested by Landlord, be promptly removed by Tenant at Tenant’s expense, and the construction projectPremises shall be restored to their previous condition.
.5 Tenant shall reimburse Landlord for the cost of technical evaluation of Tenant’s plans and specifications and shall revise such plans and specifications as Landlord deems necessary. Tenant shall also furnish be solely responsible for the adequacy and sufficiency of Tenant’s plans and specifications and Landlord shall have no liability of any kind arising from Landlord’s review or approval of such plans and specifications nor shall Landlord’s review and approval constitute an acknowledgement or indication of any kind as to the adequacy or sufficiency of Tenant’s plans and specifications.
.6 In carrying out any alterations or improvements in the Premises, Tenant, at its expense, shall pay to Landlord one preliminary review copy with respect to such work the cost to Landlord of all Utilities supplied to the Premises with respect to such work and three finished copies the cost of any Additional Services including the cost of any necessary cutting or patching or repairing of any damage to the Building or the Premises, any cost to Landlord of removing refuse, cleaning, hoisting of materials and any other costs of Landlord which can be reasonably allocated as a direct expense relating to the conduct of such work.
.7 If a request is made by Tenant with respect to approval of Alterations or initial work including work which may affect the structure or matters which affect the mechanical, electrical, HVAC or other basic systems of the Building or the capacities thereof, which request is approved by Landlord, Landlord may require that such work be designed by consultants designated by it and paid by Tenant and that it be performed by Landlord or its contractors. If Landlord or its contractors perform such work, it shall be at Tenant’s expense in an amount equal to Landlord’s total cost of such work or the contract price therefor plus, in either case, 15% payable following completion upon demand. Notwithstanding the foregoing, if Tenant requests Landlord to alter or install any Leasehold Improvements or Trade Fixtures such work will be considered as an Additional Service. Tenant will, if required by Landlord, deliver to Landlord prior to commencement of any Alterations an unconditional irrevocable letter of credit or other security satisfactory to Landlord in amount equal to Landlord’s reasonable estimate of the cost of performing such Alterations, including 15% of the total of such costs representing Landlord’s overhead. If Landlord does not elect to perform any Alterations or initial work on Tenant’s behalf Landlord will nevertheless be paid a fee equal to 5% of the total cost of such work for co-ordination and supervision services. Notwithstanding anything to the contrary contained herein, if Landlord or its contractors perform any Alterations or initial work including work which may affect the structure or matters which affect the mechanical, electrical, HVAC or other basic systems of the Building or the capacities thereof, it shall be at Tenant’s sole expense, plus a construction management fee in accordance with Schedule 9, section 1 hereof.
.8 No Leasehold Improvements by or on behalf of Tenant shall be permitted which may adversely affect the condition or operation of the Building or any of its systems or the Premises or diminish the value thereof or restrict or reduce Landlord’s coverage for municipal zoning purposes.
.9 During construction and installation of Leasehold Improvements, Tenant shall keep the Building clean of any related debris and in any event, after construction is completed Tenant shall do an adequate “Equipment Operation first clean” to the Premises.
.10 Any Alterations and Maintenance Manual” initial work will be subject to supervision by Landlord or its employees, agents, manager or contractors during construction. Tenant acknowledges that such supervision will be for the Premises at which work was performedbenefit of Landlord only and that Landlord will not be responsible in any way whatsoever for the quality, design, construction or installation of any such Alterations.
.11 Any increase in Realty Taxes on or fire or casualty insurance premiums for the Building attributable to the Alterations will be borne by Tenant and Tenant will pay Landlord for the cost of such increase upon receipt of Landlord’s invoice.
.12 Tenant shall promptly pay all its contractors and suppliers and shall do all things necessary to prevent a lien attaching to the Lands or Building and should any such lien be made, filed or attach Tenant shall discharge or vacate such lien immediately. All plan views If Tenant shall fail to discharge or vacate any lien, then in addition to any other right or remedy of Landlord, Landlord may discharge or vacate the construction project lien by paying into Court the amount required to be paid to obtain a discharge, and the amount so paid by Landlord together with all costs and expenses including solicitor’s fees (on a solicitor and his client basis) incurred in connection therewith shall be prepared using AutoCAD software, Release #11 due and payable by Autodesk, Inc. Copies of all plan drawings shall be submitted Tenant to Landlord on floppy disk in AutoCAD drawing format. demand together with interest at the Interest Rate, calculated from the date of payment by Landlord further reserves the right until all of such amounts have been paid by Tenant to make any alterations, additions, or improvements to the Premises which, in Landlord’s sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use of the Premises.
Appears in 1 contract
Alterations or Improvements. Tenant Except as noted in the following sentence, Lessee may make no alterations to the Leased Premises, but may request in writing that Lessor make alterations or improvements to the Leased Premises. Notwithstanding the foregoing sentence, Lessee may, in consultation with Lessor and upon Lessor’s approval, make such alterations or improvements to the Leased Premises as are necessary to enable Lessee to use the Leased Premises for the Permitted Use. Lessee shall not make pay all costs with regard to such alterations or improvements. Any alterations or improvements approved by Lessor will be performed by the Lessor or by a contractor selected by Lessor, in consultation with Lessee, in accordance with its Office of Procurement procedures. Any such alterations or improvements shall become the property of Lessor upon the expiration or termination of this Agreement. At the written request of Lessor upon the expiration or termination of this Agreement, Lessee shall pay to remove any alterations or improvements and restore the Leased Premises to its original condition, normal wear and tear excepted. Lessee hereby expressly acknowledges and agrees that no alterations, additions, renovations repairs or improvements in or to the Leased Premises without first obtaining of any kind are required or contemplated to be performed as a prerequisite to the written consent execution of Landlordthis Agreement and the effectiveness thereof according to its terms. All Lessee acknowledges that, to its knowledge, the Leased Premises are complete and usable for the purposes set forth in this Agreement and that this Agreement is in no way conditional on Lessee making or being able to make alterations, additions, renovations repairs or improvements to the Leased Premises. All trade fixtures and improvements which equipment installed by Lessee in the Leased Premises shall be made shall be at the sole cost and expense of Tenant and shall become a part of the real property and belong to Landlord new or in good working condition and shall remain in and be surrendered with the Premises as a part thereof property of Lessee. Lessee shall have the right, at the termination of this LeaseAgreement, or be removed from the Premises by Tenant at the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees to indemnity, defend, and hold Landlord and the Premises free and harmless from, and against, remove any and all damagestrade fixtures, injuriesequipment and other items of personal property not constituting a part of the Leased Premises, losseswhich it may have stored or installed in the Leased Premises, lienswhich are susceptible of being moved without damage to the Leased Premises; provided this right is exercised before this Agreement expires or during the ten (10) day period immediately following such termination; provided Lessee pays Lessor the prorated amount on a per diem basis for each day beyond Lessee’s scheduled termination date that such items are being removed. Lessee, costs or expenses (including attorneys’ fees) incurredat no cost to Lessor, claimed or arising out shall repair any damage to the Leased Premises caused by Lessee’s removal of said workits trade fixtures, equipment and other items of personal property. Landlord reserves The right granted to Lessee in this Section shall not include the right to review remove any plumbing or electrical fixtures or equipment, heating or air conditioning equipment, floor-coverings (including wall-to-wall carpeting) glued or fastened to the floors or any paneling, tile or other materials fastened or attached to the walls ceilings, all of which shall be deemed to constitute a part of the Leased Premises, and approve Tenant’s plansas a matter of course, specifications and contractor and, further, Landlord reserves shall not include the right to impose such restrictions remove any furniture, fixtures or conditions upon its consent to the above work, including the requirement machinery that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” were furnished or paid for the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves the right to make any alterations, additions, or improvements to the Premises which, in Landlord’s sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use of the PremisesLessor.
Appears in 1 contract
Alterations or Improvements. Provided that any additions, improvements or alterations of non-structural components of the Premises permitted under this Section 6.4 does exceed $10,000 on a per project basis. Tenant may make such additions, improvements or alterations of non-structural components of the Premises without the advance written approval of the Landlord. With regard to all other improvements and alterations of non-structural components of the Premises in excess of $10,000, Tenant hereby agrees to make no additions, improvements or alterations, nor attach or affix any equipment or fixtures to the Premises or Building without, in each instance, having obtained the prior written consent of Landlord to Tenant's plans and specifications, (which response shall not be unreasonably, withheld or delayed) and also obtaining prior to the commencement of any work, any building permit(s) and approvals which may be required by any governmental authority. Tenant shall make said improvements or alterations in accordance with all applicable laws, insurance regulations and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Premises and shall comply with such requirements as Landlord considers reasonably necessary or desirable, including, without limitation, requirements as to the manner in which and the times at which such work shall be done. No material modifications or additions to any previously approved plans and specifications shall be made without Landlord's prior written consent, which response shall not make be unreasonably withheld or delayed. Tenant further agrees to promptly deliver to Landlord "as built" plans and specifications subsequent to the completion of any alterationssuch alterations or improvements. Tenant shall promptly pay all costs attributable to any alterations and improvements performed by or on behalf of Tenant, and shall indemnify Landlord against claims asserted as a result thereof, and against any costs or expense which may be incurred as a result of building code violations attributable to such work. All additions, renovations or decorations, fixtures and equipment (except Tenant's trade fixtures) and improvements in or upon the Premises, shall, unless Landlord elects to require their removal, become the Premises without first obtaining the written consent property of Landlord. All alterations, additions, renovations and improvements which shall be made shall be at the sole cost and expense of Tenant and shall become a part of the real property and belong to Landlord and shall remain in and be surrendered with upon the Premises as a part thereof at the termination of this Lease, without compensation, allowance or be removed from the Premises by credit to Tenant. If, upon Landlord's demand, Tenant at the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees to indemnity, defend, and hold Landlord and the Premises free and harmless from, and against, any and all damages, injuries, losses, liens, costs or expenses (including attorneys’ fees) incurred, claimed or arising out of does not remove said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, furtherimprovements, Landlord reserves may remove the right to impose such restrictions or conditions upon its consent to the above worksame at Tenant's expense, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall provide Landlord within sixty (60) days after receipt from contractor cost of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for restoring the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves the right to make any alterations, additions, or improvements to the Premises which, in Landlord’s sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use of the Premisesits original condition.
Appears in 1 contract
Sources: Lease Agreement (Erico Products Inc)
Alterations or Improvements. A. Tenant shall not make or permit alterations of or upon any alterations, additions, renovations part of the Premises or improvements in or additions to the Premises (collectively, “Alterations”) without first obtaining the written consent of Landlord. All , provided however, Tenant shall be permitted to make non-structural alterations, additions, renovations and improvements which shall be made shall be at the sole cost and expense of Tenant and shall become a part of the real property and belong to Landlord and shall remain in and be surrendered with the Premises as a part thereof at the termination of this Lease, or be removed from the Premises by Tenant at the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees to indemnity, defend, and hold Landlord and the Premises free and harmless from, and against, any and all damages, injuries, losses, liens, costs or expenses (including attorneys’ fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves the right to make any alterations, additions, additions or improvements to the Premises which, in (“Decorative Alterations”) upon at least five (5) business days prior written notice to Landlord but without Landlord’s consent provided that the cost of such Decorative Alterations do not exceed $30,000 per occurrence or an aggregate amount of $90,000 in any twelve (12) month period. Tenant shall at its sole discretionexpense and cost, are ensure that all Alterations and Decorative Alterations shall be made in accordance with all applicable laws, rules, codes, ordinances and regulations in a good and workmanlike manner and in quality equal to or better than the original construction of the Premises or Building, and Tenant shall comply with such requirements as Landlord considers reasonably necessary or appropriate desirable. Before commencement of any Alterations or delivery of any materials unto the Premises or the Building, Tenant shall furnish to Landlord, for its prior written approval, plans and specifications certified by a licensed architect or engineer approved by Landlord and such other documentation as Landlord shall reasonably request in connection with the Alterations. Landlord’s consent to any such Alterations shall create no responsibility or liability on the part of Landlord for the completeness, design, sufficiency, or compliance with laws, rules, codes, ordinances, or regulations of such Alterations or the plans, specifications or working drawings therefor. Tenant shall promptly pay all costs attributable to such Alterations (including, without limitation, Landlord’s reasonable costs of reviewing plans and materials submitted to Landlord for approval) and shall promptly repair any damage to the Premises, provided Building or Common Areas caused by or resulting from such Alterations. Any such Alterations shall remain for the benefit of Landlord at the expiration or earlier termination of the Lease, provided, however, that Landlord will avoid may elect upon written notice to Tenant at the extent reasonably possible interfering with ▇▇▇▇▇▇’s use time of consent to such Alteration, to require that Tenant, at its expense, remove at the expiration or earlier termination of this Lease all or a portion of the Premises.Alterations made by Tenant and repair any damage caused by such
Appears in 1 contract
Sources: Lease Agreement (Ikaria, Inc.)
Alterations or Improvements. Tenant shall not make or permit alterations of or upon any alterations, additions, renovations part of the Leased Premises or improvements in or additions to the Leased Premises without first obtaining the written consent of Landlord. All alterationsTenant shall at its sole expense and cost, additions, renovations ensure that all permitted alterations and improvements additions which are made or necessitated thereby (whether inside or outside the Leased Premises) shall be made in accordance with all applicable laws, rules, codes, ordinances and regulations in a good and workmanlike manner and in quality equal to or better than the original construction of the Leased Premises or Building, and Tenant shall be comply with such requirements as Landlord considers necessary or desirable. Landlord's consent to any such alterations or additions shall create no responsibility or liability on the part of Landlord for the completeness, design, sufficiency, or compliance with laws, rules, codes, ordinances, or regulations of such alterations or additions or the plans, specifications or working drawings therefor. Tenant shall promptly pay all costs attributable to such alterations and additions and shall promptly repair any damage to the Leased Premises, Building or Common Areas caused by or resulting from such alterations and additions. Any such alterations and additions shall remain for the benefit of Landlord, provided, however, that Landlord may elect upon fifteen (15) days prior written notice to Tenant to require that Tenant, at its expense, remove at the sole cost and expense expiration or earlier termination of this Lease all or a portion of the alterations or additions made by Tenant and repair any damage caused by such removal. Tenant's obligations under this Section shall become a part of survive the real property and belong to Landlord and shall remain in and be surrendered with the Premises as a part thereof at the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Tenant shall have the right, without Landlord's consent, and in compliance with all other provisions of this Section and the Lease, to make any non-structural alteration to the Leased Premises, the aggregate cost of which does not exceed Twenty-five Thousand Dollars ($25,000.00) for any such alteration project, provided, however, that Tenant may not exercise this right more than three (3) times during any Lease year and further provided that Tenant shall give Landlord prior written notice of any such alteration, along with copies of all plans and specifications relating thereto. Non-structural alteration shall be defined as any aesthetic alteration which does not affect the structure or systems of the Building or the Leased Premises, such as carpet, paint or wall covering. Tenant shall indemnify and save harmless Landlord from all costs, loss or expense in connection with any construction or installation of any alteration by Tenant under this Section. No person shall be entitled to any lien directly or indirectly derived through or under Tenant or through or by virtue of any act or omission of Tenant upon the Leased Premises for any improvements or fixtures made thereon or installed therein or for or on account of any labor or material furnished to the Leased Premises or for or on account of any matter or thing whatsoever; and nothing in this Lease contained shall be construed to constitute a consent by Landlord to the creation of any lien. In the event any lien is filed against the Leased Premises, or any part thereof, for work claimed to have been done for or material claimed to have been furnished to Tenant, Tenant shall cause such lien to be removed discharged of record within thirty-five (35) days after filing by bonding or as provided or required by law or in any other lawful manner. Tenant shall indemnify and save harmless Landlord from the Premises by Tenant at the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees to indemnity, defend, and hold Landlord and the Premises free and harmless from, and against, any and all damages, injuriescosts, losses, liensexpenses, costs or expenses (including and attorneys’ fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose ' fees in connection with any such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves the right to make any alterations, additions, or improvements to the Premises which, in Landlord’s sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use of the Premiseslien.
Appears in 1 contract
Alterations or Improvements. During the Term, Tenant shall have --------------------------- the right to make such alterations, additions or improvements to the Premises ("Improvements") as deemed necessary or desirable by Tenant, provided that such Improvements are constructed in accordance with the terms and conditions of this subsection (c). However, Tenant shall not make any alterationsImprovements of a structural nature without obtaining Landlord's prior written consent. At the time Tenant desires to make any Improvements with a cost in excess of Fifty Thousand and no/100 Dollars ($50,000.00), additions, renovations Tenant shall submit (i) a general plan or improvements in or layout to Landlord for Landlord's review and (ii) an express written notice that Landlord must notify Tenant within fifteen (15) days if Landlord will require Tenant to remove such Improvements prior to the Premises without first obtaining the written consent of Landlord. All alterationsExpiration Date, additions, renovations and improvements which shall be made shall be at the sole cost and expense of Tenant and shall become a part of the real property and belong to Landlord and shall remain in and be surrendered with the Premises as a part thereof at the termination of this Lease, or be removed from the Premises by Tenant at the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees to indemnity, defend, and hold Landlord and the Premises free and harmless from, and against, any and all damages, injuries, losses, liens, costs or expenses (including attorneys’ fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, furtherwithin fifteen (15) days following receipt of such plan and notice, Landlord reserves the right shall notify Tenant in writing if Landlord will require Tenant to impose remove such restrictions or conditions upon its consent Improvements prior to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriateExpiration Date ("Removal Notice"). Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves not have the right to make any alterationsImprovements to or on the common areas of the Project. All Improvements shall be made in compliance with all applicable laws and building codes, additionsin a good and workmanlike manner and in quality equal to or better than the original construction of the Project. Tenant shall promptly pay all costs attributable to such Improvements and shall indemnify, defend and hold harmless Landlord from and against any mechanic's liens or other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations attributable to such work. Tenant shall promptly repair any damage to the Premises or the Project caused during the construction of such Improvements. Landlord shall give proper notice to Tenant of any possible claim with respect to which Tenant's obligation to indemnify, defend and hold harmless Landlord may apply and Tenant shall have the right to defend any such claim with counsel of Tenant's choosing. All Improvements made by Tenant to the Premises during the Term shall remain the property of Tenant and Tenant shall be entitled to all depreciation and amortization of costs in connection therewith. Prior to surrender of the Premises to Landlord, Tenant shall remove any Improvements identified by Landlord for removal in the Removal Notice and, at Landlord's request provided at least fifteen (15) days prior to the Expiration Date or earlier termination of the Lease, such other Improvements constructed by Tenant during the Term which were not submitted to Landlord for its prior review. Any damage caused by such removal shall be repaired at Tenant's cost and expense. Notwithstanding the preceding to the contrary, Tenant shall have no obligation to remove any Improvements that existed on the Commencement Date, or any Improvements that Tenant installed during the Term and which Landlord did not identify for removal following Landlord's review of the general plans. In the event Tenant so fails to remove any Improvements that Tenant is obligated to remove, Landlord may have same removed and the Premises so repaired at Tenant's expense. If any Improvements to the Premises cause the need for additional alterations or improvements to any other part of the Premises which, in Landlord’s sole discretion, are necessary Project or appropriate for the Premises, provided that Landlord will avoid including, but without limitation, any system(s) of the Project and/or any other changes to comply with applicable codes, ordinances or other laws (collectively, "Additional Improvements"), the installation of such Additional Improvements shall be subject to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use terms and conditions of this subsection (c) and Tenant shall be required to pay the Premisescost of installing such Additional Improvements.
Appears in 1 contract
Sources: Lease (Wam Net Inc)
Alterations or Improvements. Tenant a. Subtenant shall not make any alterations, additions, renovations alterations or improvements in or to the Subleased Premises without first obtaining the express prior written consent of LandlordSublessor and Landlord in accordance with the provisions of the ▇▇▇▇▇▇▇▇▇ in each instance first obtained. Sublessor agrees not to unreasonably withhold or delay its consent to any nonstructural alterations if the consent of Landlord is first obtained or if such consent is not required. All alterations, additions, renovations and alterations or improvements which shall be made shall be made, if at all, at the sole cost and expense of Tenant Subtenant, and shall become a part be made solely in accordance with the provisions and requirements of the real property and belong to Landlord and shall remain in and be surrendered with the Premises as a part thereof at the termination of this Lease, or be removed from the Premises by Tenant at the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees to indemnity, defend, and hold Landlord and the Premises free and harmless from, and against, any and all damages, injuries, losses, liens, costs or expenses (including attorneys’ fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves the right to make any alterations, additions, or improvements to the Premises which, in Landlord’s sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use ▇▇▇, and with respect thereto: (i) all obligations of and all acts or things to be performed, done or observed on "Tenant's" part thereunder, shall be the obligations of and shall be performed, done and observed by Subtenant; and (ii) all references contained therein to "Landlord" shall be deemed to include and shall include Sublessor hereunder.
b. Any personal property which may be removed without damage to the Subleased Premises shall remain the property of Subtenant, and, except as provided below, all other personal property and alterations and improvements shall become the property of Sublessor at the expiration of the term of this Sublease. At Sublessor's request, Subtenant shall be obligated, at Subtenant's sole cost and expense, to remove all or any part of Subtenant's movable personal property and all or any part of the alterations and improvements made by Subtenant or for its account, at the expiration or earlier termination of Sublease and to restore the Subleased Premises to the condition existing as of the commencement of occupancy by Subtenant of the Subleased Premises, except for ordinary wear and tear, and except for alterations made with the express prior written consent of Sublessor.
Appears in 1 contract
Sources: Sublease Agreement (Computer Outsourcing Services Inc)
Alterations or Improvements. (a) Following approval by the Landlord, the Tenant shall install its initial Leasehold Improvements and Trade Fixtures in accordance with the provisions of Schedule "C" annexed hereto and the "Design Criteria Manual" (if applicable) prepared by the Landlord and provided to the Tenant.
(b) Following installation of such initial Leasehold Improvements, and Trade Fixtures the Tenant shall not make any alterations, repairs, changes, replacements, additions, renovations installations or improvements (the "Alterations") to any part of the Premises or Leasehold Improvements and Trade Fixtures without the Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed, unless the Alteration may affect a structural part of the Building or may affect the mechanical, electrical, communications, air control or other basic systems of the Building or the capacities thereof, in which instance the Landlord's approval may be arbitrarily withheld. The Tenant shall submit to the Landlord details of any proposed work, including complete working drawings and specifications prepared by qualified designers and conforming to good engineering practice.
(c) The installation of all Leasehold Improvements shall: - be performed expeditiously and at the sole risk and expense of the Tenant; - be performed by competent workmen whose labour union affiliations, if any, are compatible with others employed by the Landlord and its contractors, and who will not interfere with work being performed by the Landlord; - be performed in a good and workmanlike manner and only in accordance with the drawings and specifications which the Landlord has approved; and - be performed in compliance with the applicable requirements of all Authorities, evidence of which shall be provided to the Landlord, and be subject to the supervision and direction of the Landlord.
(d) Any Leasehold Improvements made by the Tenant without the prior written consent of the Landlord or which are not in accordance with the drawings and specifications approved by the Landlord shall, if requested by the Landlord, be promptly removed by the Tenant at the Tenant's expense, and the Premises shall be restored to their previous condition.
(e) The Tenant shall reimburse the Landlord for the cost of technical evaluation of the Tenant's plans and specifications and shall revise such plans and specifications, as the Landlord deems necessary.
(f) In carrying out any Alterations or Leasehold Improvements in the Premises, the Tenant, at its expense, shall pay to the Landlord with respect to such work the cost to the Landlord of all Utilities supplied to the Premises without first obtaining the written consent of Landlord. All alterations, additions, renovations and improvements which shall be made shall be at the sole cost and expense of Tenant and shall become a part of the real property and belong with respect to Landlord and shall remain in and be surrendered with the Premises as a part thereof at the termination of this Lease, or be removed from the Premises by Tenant at the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees to indemnity, defend, and hold Landlord such work and the Premises free and harmless from, and against, cost of any and all damages, injuries, losses, liens, costs Additional Services including the cost of any necessary cutting or expenses (including attorneys’ fees) incurred, claimed patching or arising out repairing of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose such restrictions or conditions upon its consent any damage to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves the right to make any alterations, additions, Building or improvements to the Premises which, in Landlord’s sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid any cost to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use Landlord of removing refuse, cleaning, hoisting of materials and any other costs of the PremisesLandlord which can be reasonably allocated as a direct expense relating to the conduct of such work.
Appears in 1 contract
Alterations or Improvements. Tenant shall not make or permit alterations of or upon any alterations, additions, renovations part of the Leased Premises or improvements in or additions to the Leased Premises without first obtaining the written consent of Landlord. All alterationsTenant shall at its sole expense and cost, additions, renovations ensure that all permitted alterations and improvements additions which are made or necessitated thereby (whether inside or outside the Leased Premises) shall be made in accordance with all applicable laws, rules, codes, ordinances and regulations in a good and workmanlike manner and in quality equal to or better than the original construction of the Leased Premises or Building, and Tenant shall be comply with such requirements as Landlord considers necessary or desirable. Landlord's consent to any such alterations or additions shall create no responsibility or liability on the part of Landlord for the completeness, design, sufficiency, or compliance with laws, rules, codes, ordinances, or regulations of such alterations or additions of the plans, specifications or working drawings therefor. Tenant shall promptly pay all costs attributable to such alterations and additions and shall promptly repair any damage to the Leased Premises, Building or Common Areas caused by or resulting from such alterations and additions. Any such alterations and additions shall remain for the benefit of Landlord, provided, however, that Landlord may elect upon ninety (90) days prior written notice to Tenant to require that Tenant, at its expense, remove at the sole cost and expense expiration or earlier termination of this Lease all or a portion of the alterations or additions made by Tenant and repair any damage caused by such removal. Tenant's obligations under this Section shall become a part of survive the real property and belong to Landlord and shall remain in and be surrendered with the Premises as a part thereof at the expiration or earlier termination of this Lease. Tenant shall indemnify and save harmless Landlord from all costs, loss or expense in connection with any construction or installation. No person shall be entitled to any lien directly or indirectly derived through or under Tenant or through or by virtue of any act or omission of Tenant upon the Leased Premises for any improvements or fixtures made thereon or installed therein or for or on account of any labor or material furnished to the Leased Premises or for or on account of any matter or thing whatsoever; and nothing in this Lease contained shall be construed to constitute a consent by Landlord to the creation of any lien. In the event any lien is filed against the Leased Premises, or any part thereof, for work claimed to have been done for or material claimed to have been furnished to Tenant, Tenant shall cause such lien to be removed discharged of record within thirty (30) days after filing by bonding or as provided or required by law or in any other lawful manner. Tenant shall indemnify and save harmless Landlord from the Premises by Tenant at the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees to indemnity, defend, and hold Landlord and the Premises free and harmless from, and against, any and all damages, injuriescosts, losses, liensexpenses, costs or expenses (including and attorneys’ fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose ' fees in connection with any such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves the right to make any alterations, additions, or improvements to the Premises which, in Landlord’s sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use of the Premiseslien.
Appears in 1 contract
Alterations or Improvements. Tenant shall not make any alterationsmay make, additionsor may permit to be made, renovations alterations or improvements in or to the Premises without first obtaining Leased Premises, but only major exterior and structoral alterations if Tenant obtains the prior written consent of Landlord thereto, which shall not be unreasonably withheld, delayed or conditioned. Tenant may make interior changes relating to painting, wallpaper, carpeting and other cosmetic changes (“Cosmetic Changes”) and non-structural interior alterations without Landlord’s consent. Tenant shall secure all necessary permits and shall make the alterations and improvements in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and quality equal to or better than the original construction of the Building. Landlord’s approval of the plans, specifications and working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, additions, renovations and additions or improvements which shall be made installed at Tenant’s sole expense in compliance with all Laws and by a licensed contractor. Any alterations, improvements or utility installations in, on or about the Leased Premises that Tenant shall desire to make which require Landlord’s consent shall be at presented to Landlord in written form with proposed detailed plans. Tenant shall promptly repair any damage to the sole cost Leased Premises or the Building caused by any such alterations or improvements. Any alterations or improvements to the Leased Premises paid for by Landlord, except Tenant’s furniture, equipment, furnishings, fixtures and expense of Tenant and other personal property, shall become a part of the real realty and the property and belong to Landlord of Landlord, and shall remain in and be surrendered with the Premises as a part thereof at the termination of this Lease, or not be removed from by Tenant. Subject to Section 2.04, Tenant has the Premises by Tenant at option, but not the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees obligation, to indemnity, defend, and hold Landlord and the Premises free and harmless from, and against, any and all damages, injuries, losses, liens, costs or expenses (including attorneys’ fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves the right to make any alterations, additions, remove alterations or improvements to the Leased Premises which, in Landlord’s sole discretion, are necessary or appropriate paid for the Premisesby Tenant, provided that Landlord will avoid Tenant shall repair any damage to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use Leased Premises caused by such removal. For purposes of this Section 7.03, “Major” shall mean an alteration or improvement where the Premisescost of such alteration or improvement exceeds one hundred thousand and 00/100 dollars ($100,000.00).
Appears in 1 contract
Sources: Lease Agreement (Arhaus, Inc.)
Alterations or Improvements. During the Term, Tenant shall have the right to make such alterations, additions or improvements to the Premises ("Improvements") as deemed necessary or desirable by Tenant, provided that such Improvements are constructed in accordance with the terms and conditions of this subsection (d); provided, however, Tenant shall not make any alterationsImprovements of a structural nature without obtaining Landlord's prior written consent. At the time Tenant desires to make any Improvements with a cost in excess of Ten Thousand and no/100 Dollars ($10,000.00), additions, renovations Tenant shall submit (i) a general plan or improvements in or layout to Landlord for Landlord's review; (ii) an indication of any Structural Improvements which require Landlord's consent; and (iii) an express written notice that Landlord must notify Tenant within twenty (20) days if Landlord will require Tenant to remove such Improvements prior to the Premises without first obtaining the written consent Expiration Date. Within fifteen (15) days following receipt of Landlord. All alterations, additions, renovations such plan and improvements which shall be made shall be at the sole cost and expense of Tenant and shall become a part of the real property and belong to Landlord and shall remain in and be surrendered with the Premises as a part thereof at the termination of this Lease, or be removed from the Premises by Tenant at the sole discretion of Landlord. ▇▇▇▇▇▇ further agrees to indemnity, defend, and hold Landlord and the Premises free and harmless from, and against, any and all damages, injuries, losses, liens, costs or expenses (including attorneys’ fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, furthernotice, Landlord reserves the right shall notify Tenant in writing if Landlord objects to impose any such restrictions or conditions upon its consent Improvements, in which case Tenant may not proceed, and/or if Landlord will require Tenant to remove such Improvements prior to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriateExpiration Date ("Removal Notice"). Tenant shall provide Landlord within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performed. All plan views of the construction project shall be prepared using AutoCAD software, Release #11 by Autodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves not have the right to make any alterationsImprovements to or on the common areas of the Project. All Improvements shall be made in compliance with all applicable laws and building codes, additionsin a good and workmanlike manner and in quality equal to or better than the original construction of the Premises. Tenant shall promptly pay all costs attributable to such Improvements and shall indemnify, defend and hold harmless Landlord from and against any mechanic's liens or improvements other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations attributable to such work. Tenant shall promptly repair any damage to the Premises whichor the Project caused during the construction of such Improvements. Landlord shall give proper notice to Tenant of any possible claim with respect to which Tenant's obligation to indemnify, in defend and hold harmless Landlord may apply and Tenant shall have the right to defend any such claim with counsel of Tenant's choosing reasonably acceptable to Landlord’s sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid . All Improvements made by Tenant to the extent reasonably possible interfering with ▇▇▇▇▇▇’s use Premises during the Term shall remain the property of Tenant and Tenant shall be entitled to all depreciation and amortization of costs in connection therewith. All property taxes attributable to such Improvements will be paid by Tenant and not included in Building Expenses. Prior to surrender of the PremisesPremises to Landlord, Tenant shall remove any Improvements identified by Landlord for removal in the Removal Notice and, at Landlord's request provided at least fifteen (15) days prior to the Expiration Date or earlier termination of the Lease, such other Improvements constructed by Tenant during the Term which were not submitted to Landlord for its prior review. Any damage caused by such removal shall be repaired at Tenant's cost and expense. Notwithstanding the preceding to the contrary, Tenant shall have no obligation to remove any Improvements that existed on the Commencement Date, or any Improvements that Tenant installed during the Term and which Landlord did not identify for removal following Landlord's review of the general plans. In the event Tenant so fails to remove any Improvements that Tenant is obligated to remove, Landlord may have same removed and the Premises so repaired at Tenant's expense.
Appears in 1 contract
Sources: Lease Agreement (Cray Inc)