Alterations or Improvements. Tenant shall not be permitted to make any alterations of the Leased Premises that (i) affect the Building structure or any Building system, or (ii) result in any changes to the exterior of the Building or to the Land, unless and until the plans have been approved in advance by Landlord in writing. Such approval shall not be unreasonably withheld, conditioned or delayed. As a condition of any approval required hereunder, Landlord may require Tenant to remove the alterations and repair any damage to the Project upon expiration or earlier termination of this Lease, provided Landlord earmarks or identifies at the time of consent and prior to installation, any alterations or improvements that must be removed at the end of the Lease Term. If Landlord consents to Tenant’s performance of alterations or additions to the Project or if consent is not required under this Section 7.02, then Tenant shall ensure that all alterations and improvements which are made or necessitated thereby shall be made in accordance with all applicable Laws, 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 reasonable requirements as Landlord considers necessary or desirable. 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. Any alterations or improvements to the Leased Premises, except movable office furniture and equipment, machinery and all generators and trade fixtures, shall become a part of the realty and the property of Landlord, and shall not be removed by Tenant; provided that Tenant may remove upgrades to existing systems, which are installed by Tenant as alterations, provided that Tenant restores original systems to the condition that existed prior to such alteration, and Tenant may remove additions to existing systems made by Tenant as alterations provided that such removal does not materially and adversely affect the operation of such system as it existed prior to such additions. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the Leased Premises, and nothing in this Lease shall be construed to constitute Landlord’s consent to the creation of any lien. If any lien is filed against the Land 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 Tenant becomes aware of such filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys’ fees in connection with any construction or alteration and any related lien.
Appears in 1 contract
Alterations or Improvements. Tenant ACEMS shall not be permitted to make any alterations of the Leased Premises that (i) affect the Building structure or any Building systemmake, or (ii) result in any changes permit to the exterior of the Building or to the Land, unless and until the plans have been approved in advance by Landlord in writing. Such approval shall not be unreasonably withheld, conditioned or delayed. As a condition of any approval required hereunder, Landlord may require Tenant to remove the alterations and repair any damage to the Project upon expiration or earlier termination of this Lease, provided Landlord earmarks or identifies at the time of consent and prior to installationmade, any alterations or improvements that must be removed at to the end Premises (including, without limitation, telecommunications, data transmission and other wiring), unless ACEMS obtains the prior written consent of the Lease TermMeridian. If Landlord consents to Tenant’s performance of Any and all alterations or additions to the Project or if consent is not required under this Section 7.02, then Tenant shall ensure that all alterations and improvements which are made or necessitated thereby shall be made in accordance with all applicable Lawslaws and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Building Premises and shall comply with such reasonable requirements as Landlord Meridian considers necessary or desirable, as set forth in writing. Landlord’s approval ACEMS shall promptly pay all costs attributable to such alterations and improvements and shall indemnify Meridian 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. ACEMS shall promptly repair any damage to the plans, specifications and working drawings for Tenant’s Premises caused by any such 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 authoritiesimprovements. Any alterations or improvements to the Leased Premises, except movable office furniture and equipment, machinery and all generators equipment and trade fixtures, shall become a part of the realty and the property of LandlordMeridian, and shall not be removed by Tenant; provided ACEMS, unless Meridian requires that Tenant may remove upgrades they be removed by ACEMS, in which case, ACEMS shall be required to existing systems, which are installed by Tenant as alterations, provided that Tenant restores original systems restore the Premises to the their condition that existed prior to such alterationalteration or improvement, normal wear and Tenant may remove additions to existing systems made by Tenant as alterations provided that such removal does not materially and adversely affect the operation of such system as it existed prior to such additionstear excepted. No person ACEMS shall be deemed to have abandoned any improvements, furnishings and equipment that it is entitled to any lien derived through or under Tenant for any labor or material furnished remove but which it fails to the Leased Premises, and nothing in this Lease shall be construed to constitute Landlord’s consent to the creation of any lien. If any lien is filed against the Land 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 remove within thirty (30) days after Tenant becomes aware of the expiration or termination of this Agreement, and upon abandonment, such filingproperty shall be the property of Meridian. Tenant ACEMS shall indemnify Landlord not make any changes or alterations to the Premises and/or the passageways, pedestrian walkways, sidewalks and parking at Station Seven which would have the effect of making the improvements in and near the building cease to be in compliance with the AMERICANS WITH DISABILITIES ACT OF 1990, Public Law No. 101-336, 42 USC 12101 et. seq. as it may be amended from all coststime to time (the "ADA"). ACEMS shall not enter into any change of use of the Premises, losseswhether approved by Meridian or not, expenses if such change in use would result in increased liability of Meridian under the ADA, or any shifting of liability between ACEMS and attorneys’ fees in connection with Meridian as a result of any construction or alteration and any related liensuch change of use.
Appears in 1 contract
Sources: Co Location Agreement
Alterations or Improvements. Tenant ACEMS shall not be permitted to make any alterations of the Leased Premises that (i) affect the Building structure or any Building systemmake, or (ii) result in any changes permit to the exterior of the Building or to the Land, unless and until the plans have been approved in advance by Landlord in writing. Such approval shall not be unreasonably withheld, conditioned or delayed. As a condition of any approval required hereunder, Landlord may require Tenant to remove the alterations and repair any damage to the Project upon expiration or earlier termination of this Lease, provided Landlord earmarks or identifies at the time of consent and prior to installationmade, any alterations or improvements that must be removed at to the end Premises (including, without limitation, telecommunications, data transmission and other wiring), unless ACEMS obtains the prior written consent of the Lease TermMeridian. If Landlord consents to Tenant’s performance of Any and all alterations or additions to the Project or if consent is not required under this Section 7.02, then Tenant shall ensure that all alterations and improvements which are made or necessitated thereby shall be made in accordance with all applicable Lawslaws and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Building Premises and shall comply with such reasonable requirements as Landlord Meridian considers necessary or desirable, as set forth in writing. Landlord’s approval ACEMS shall promptly pay all costs attributable to such alterations and improvements and shall indemnify Meridian 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. ACEMS shall promptly repair any damage to the plans, specifications and working drawings for Tenant’s Premises caused by any such 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 authoritiesimprovements. Any alterations or improvements to the Leased Premises, except movable office furniture and equipment, machinery and all generators equipment and trade fixtures, shall become a part of the realty and the property of LandlordMeridian, and shall not be removed by Tenant; provided ACEMS, unless Meridian requires that Tenant may remove upgrades they be removed by ACEMS, in which case, ACEMS shall be required to existing systems, which are installed by Tenant as alterations, provided that Tenant restores original systems restore the Premises to the their condition that existed prior to such alterationalteration or improvement, normal wear and Tenant may remove additions to existing systems made by Tenant as alterations provided that such removal does not materially and adversely affect the operation of such system as it existed prior to such additionstear excepted. No person ACEMS shall be deemed to have abandoned any improvements, furnishings and equipment that it is entitled to any lien derived through or under Tenant for any labor or material furnished remove but which it fails to the Leased Premises, and nothing in this Lease shall be construed to constitute Landlord’s consent to the creation of any lien. If any lien is filed against the Land 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 remove within thirty (30) days after Tenant becomes aware of the expiration or termination of this Agreement, and upon abandonment, such filingproperty shall be the property of Meridian. Tenant ACEMS shall indemnify Landlord not make any changes or alterations to the Premises and/or the passageways, pedestrian walkways, sidewalks and parking at Station Eight which would have the effect of making the improvements in and near the building cease to be in compliance with the AMERICANS WITH DISABILITIES ACT OF 1990, Public Law No. 101-336, 42 USC 12101 et. seq. as it may be amended from all coststime to time (the "ADA"). ACEMS shall not enter into any change of use of the Premises, losseswhether approved by Meridian or not, expenses if such change in use would result in increased liability of Meridian under the ADA, or any shifting of liability between ACEMS and attorneys’ fees in connection with Meridian as a result of any construction or alteration and any related liensuch change of use.
Appears in 1 contract
Sources: Co Location Agreement