Approval of Tenant's Alterations. (a) Due to the nature of the Tenant’s business, the Tenant may need to make Alterations to the Premises or the Building Systems therein from time to time to meet changing business conditions or to remain cGMP compliant. No Alterations shall be made to the Premises or Building Systems or Leasehold Improvements therein without the Landlord’s prior written approval of same and the Tenant’s plans and drawings for such Alterations, which approval shall not be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoing, the Tenant shall be permitted to effect Alterations for the purpose of changing business conditions or to remain cGMP compliant without the Landlord’s prior written approval where the Alterations are limited solely to modifying or moving Trade Fixtures or the Tenant’s equipment (excluding Leasehold Improvements), in a manner that does not adversely affect the Building Systems or structural elements of the Building and which do not, in the aggregate exceed the cost of Ten Thousand Dollars ($10,000) to complete. Alterations for any other purpose, including to accommodate Assignments, shall be governed by 4.3(b), (c), (d), (e) and (f). (b) Except as otherwise permitted herein, when the Tenant desires to make an Alteration, the Tenant shall submit to the Landlord details of the proposed Alteration including appropriate drawings and specifications. The Landlord shall review Tenant’s proposal in an expeditious fashion, which review shall include the review of same by FLWR, and deliver a written decision to the Tenant in not more than ten (10) Business Days following receipt of the proposed Alteration. The Landlord’s reasonable out-of-pocket costs of reviewing and approving all such proposed Alterations, including by the Architect or engineer as the case may be, shall be reimbursed by the Tenant, not to exceed $2,500. (c) All Alterations shall be performed: (i) at the sole cost of the Tenant; (ii) by contractors on a pre-approved list of Tenant and Landlord approved contractors or otherwise approved in writing by the Landlord and the Tenant, both parties acting reasonably; it is acknowledged by the parties that where an Alteration requires special knowledge, training or certification in handling, exposure and treatment of radioactive materials, that, acting reasonably, the Tenant shall approve of all such contractors retained for the Alteration; (iii) in a good and workmanlike manner; (iv) in accordance with drawings and specifications approved by the Landlord, as applicable; (v) in accordance with all Applicable Laws and the Landlord’s Health and Safety Manual, provided that no Alterations shall be commenced prior to the Tenant obtaining, at its sole cost, a building permit and any other permits required by any governmental authority having jurisdiction; (vi) subject to the reasonable regulations and inspection of the Landlord; and (vii) At the option of the Landlord, after the drawings and specifications therefor that impact the base building mechanical, electrical environmental and structural components have been reviewed (pursuant to Section 4.3(b)) by the Landlord’s base building mechanical, electrical, environmental and structural engineering consultants where required to ensure compatibility of the Alterations with the Building Systems or structure of the Building. (d) The Tenant shall not place anything on or make any openings in the roof without the prior written consent of the Landlord, which may be granted or withheld at the Landlord’s sole discretion. On the expiration of the Term or earlier termination of this Lease, the Tenant shall repair any damage caused to the Building as a result of having placed anything on or having made openings in or having attached anything to the roof, failing which the Landlord may, without obligation, repair the damage and charge the Tenant the costs of same and collect same as Additional Rent. (e) All Alterations shall be pursued diligently to completion. Where it appears to the Landlord that the Alterations are not being pursued as required, the Landlord may require the Tenant to develop a timeline for completing same and, once approved by the Landlord, the Tenant’s shall adhere to such timeline. (f) In any event, the Tenant agrees to ensure, prior to commencement of any work or Alterations, that all of the Tenant’s contractors who perform work to the Premises and/or Building as required, must: (i) agree to be bound by the procedures and rules contained in the Landlord’s Health and Safety Manual; (ii) provide all clearances required by the Workplace Safety and Insurance Board or otherwise required at law; (iii) carry sufficient insurance, as required under the Building Code Act, the Occupational Health and Safety Act, the Workplace Safety Act to the Landlord’s satisfaction; (iv) be licensed by a governmental authority and carry such unexpired license at all times; and, (v) adhere to the terms of this Lease, including the Rules and Regulations.
Appears in 1 contract
Approval of Tenant's Alterations. (a) Due to the nature of the Tenant’s business, the Tenant may need to make Alterations to the Premises or the Building Systems therein from time to time to meet changing business conditions or to remain cGMP compliantconditions. No Alterations shall be made to the Premises or Building Systems or Leasehold Improvements therein without the Landlord’s prior written approval of same and the Tenant’s plans and drawings for such Alterations, which approval shall not be unreasonably withheld, delayed withheld or conditionedconstrained. Notwithstanding the foregoing, the Tenant shall be permitted to effect Alterations for the purpose of changing business conditions or to remain cGMP compliant without the Landlord’s prior written approval where the Alterations are limited solely to modifying or moving Trade Fixtures or the Tenant’s equipment (excluding Leasehold Improvementsleasehold improvements), in a manner and the cost to complete the Alterations are $50,000 or less, provided not less than ten (10) working days prior written notice is delivered to Landlord and FLWR and provided that does such Alterations do not adversely affect modify the Landlord’s equipment or the Building Systems operation or structural elements of structure or increase the Building and which do not, in load on any utility service to the aggregate exceed the cost of Ten Thousand Dollars ($10,000) to completePremises or Building. Alterations for any other purpose, including to accommodate Assignments, shall be governed by 4.3(b), (c), (d), (e) and (f)) and may be performed by Landlord as if same were Landlord’s Work.
(b) Except as otherwise permitted herein, when the Tenant desires to make an Alteration, the Tenant shall submit to the Landlord details of the proposed Alteration including appropriate drawings and specifications. The Landlord shall review Tenant’s proposal in an expeditious fashion, which review shall include the review of same by FLWR, and deliver a written decision to the Tenant in not more than ten (10) Business Days working days following receipt of the proposed Alteration. The Landlord’s reasonable out-of-pocket costs of reviewing and approving all such proposed Alterations, including by the Architect or engineer as the case may be, shall be reimbursed by the Tenant, not to exceed $2,500.
(c) All Alterations shall be performed:
(i) at the sole cost of the Tenant;
(ii) by contractors and workmen on a pre-approved list of Tenant and Landlord approved contractors and workmen or otherwise approved in writing by the Landlord and the Tenant, both parties acting reasonably; it is acknowledged by the parties that where an Alteration requires special knowledge, training or certification in handling, exposure and treatment of radioactive materials, that, acting reasonably, the Tenant shall approve of all such contractors and workmen retained for the Alteration;
(iii) in a good and workmanlike manner;
(iv) in accordance with drawings and specifications approved by the Landlord, as applicable;
(v) in accordance with all Applicable Laws applicable laws, regulations and the Landlord’s Health and Safety Manual, provided that no Alterations shall be commenced prior to the Tenant obtaining, at its sole cost, a building permit and any other permits required by any governmental authority having jurisdiction;; and
(vi) subject to the reasonable regulations and inspection of the Landlord; and
(vii) At the option of the Landlord, after the drawings and specifications therefor that impact the base building mechanical, electrical environmental and structural components have been reviewed (pursuant to Section 4.3(b)) by the Landlord’s base building mechanical, electrical, environmental and structural engineering consultants where required to ensure compatibility of the Alterations with the Building Systems or structure of the Building.
(d) The Tenant shall not place anything on or make any openings in the roof or ceiling without the prior written consent of the Landlord, which may be granted or withheld at the Landlord’s sole discretion. On the expiration of the Term or earlier termination of this Lease, the Tenant shall repair any damage caused to the Building as a result of having placed anything on or having made openings in or having attached anything to the roofroof or ceiling, failing which the Landlord may, without obligation, repair the damage and charge the Tenant the costs of same and collect same as Additional Rent.
(e) All Alterations shall be pursued diligently to completion. Where it appears to the Landlord that the Alterations are arc not being pursued as required, the Landlord may require the Tenant to develop a timeline for completing same and, once approved by the Landlord, the Tenant’s shall failure to adhere to such timelinesame may be considered a default of this Lease pursuant to Article 10 hereof.
(f) In any event, the Tenant agrees to ensure, prior to commencement of any work or Alterations, that all of the Tenant’s contractors contractors, subcontractors, agents or authorized workmen who perform work to the Premises and/or Building as required, must:
(i) agree to be bound by the procedures and rules contained in the Landlord’s Health and Safety Manual;
(ii) provide all clearances required by the Workplace Safety and Insurance Board or otherwise required at law;
(iii) carry sufficient insurance, as required under the Building Code Act, the Occupational Health and Safety Act, the Workplace Safety Act to the Landlord’s satisfaction;
(iv) be licensed by a governmental authority and carry such unexpired license at all times; and,
(v) adhere to the terms of this Lease, including the Rules and Regulations.
Appears in 1 contract
Approval of Tenant's Alterations. (a) Due to the nature of the Tenant’s business, the Tenant may need to make Alterations to the Premises or the Building Systems therein from time to time to meet changing business conditions or to remain cGMP compliant. No Alterations shall be made to the Premises or Building Systems or Leasehold Improvements therein without the Landlord’s prior 's written approval of same and the Tenant’s plans and drawings for such Alterations, which approval shall not be unreasonably withheld, delayed or conditionedapproval. Notwithstanding the foregoing, the Tenant shall be permitted to effect Alterations for the purpose of changing business conditions or to remain cGMP compliant without the Landlord’s prior written approval where the Alterations are limited solely to modifying or moving Trade Fixtures or the Tenant’s equipment (excluding Leasehold Improvements), in a manner that does not adversely affect the Building Systems or structural elements of the Building and which do not, in the aggregate exceed the cost of Ten Thousand Dollars ($10,000) to complete. Alterations for any other purpose, including to accommodate Assignments, shall be governed by 4.3(b), (c), (d), (e) and (f).
(b) Except as otherwise permitted herein, when the Tenant desires to make an Alteration, the The Tenant shall submit to the Landlord details of the proposed Alteration work including appropriate drawings and specificationsspecifications prepared by qualified architects or engineers conforming to good engineering practice. The Landlord shall review Tenant’s proposal in an expeditious fashionTHE LANDLORD SHALL RESPOND TO THE TENANT'S REQUEST FOR APPROVAL WITHIN SEVEN (7) DAYS FOLLOWING RECEIPT OF ALL REQUIRED DRAWINGS, which review shall include the review of same by FLWR, and deliver a written decision to the Tenant in not more than ten (10) Business Days following receipt of the proposed AlterationSPECIFICATIONS AND OTHER DETAILS. The Landlord’s reasonable out-of-pocket costs of reviewing and approving all All such proposed Alterations, including by the Architect or engineer as the case may be, shall be reimbursed by the Tenant, not to exceed $2,500.
(c) All Alterations shall be performed:
(i) at the sole cost of the Tenant;
(ii) by contractors on a pre-and workmen approved list of Tenant and Landlord approved contractors or otherwise approved in writing by the Landlord and the TenantIN WRITING, both parties acting reasonably; it is acknowledged by the parties that where an Alteration requires special knowledge, training or certification in handling, exposure and treatment of radioactive materials, that, acting reasonably, the Tenant shall approve of all such contractors retained for the AlterationSUCH APPROVAL NOT TO BE UNREASONABLY WITHHELD OR DELAYED;
(iii) in a good and workmanlike manner;
(iv) in accordance with drawings and specifications approved by the Landlord, as applicableSUCH APPROVAL NOT TO BE UNREASONABLY WITHHELD OR DELAYED;
(v) in accordance with all Applicable Laws applicable legal and the Landlord’s Health and Safety Manual, provided that no Alterations shall be commenced prior to the Tenant obtaining, at its sole cost, a building permit and any other permits required by any governmental authority having jurisdictioninsurance requirements;
(vi) subject to the reasonable regulations regulations, supervision, control and inspection of the Landlord; and
(vii) At IF THE LANDLORD, ACTING REASONABLY, DETERMINES THAT THE TENANT'S FINANCIAL ABILITY TO PERFORM OR PAY FOR SUCH ALTERATIONS IS NOT SATISFACTORY, subject to such indemnification against liens and expenses as the Landlord reasonably requires. The Landlord's reasonable cost of supervising all such work shall be paid by the Tenant OTHER THAN THE TENANT'S INITIAL WORK CARRIED OUT PURSUANT TO SECTION 12.03 IN RESPECT OF THE PREMISES, THE FIRST ADDITIONAL PREMISES AND THE SPECIAL REFUSAL SPACE (IF APPLICABLE).
(b) If the Alterations would affect the structure of the Building or any of the electrical, plumbing, mechanical, heating, ventilating or air conditioning systems or other base building systems, such work shall at the option of the Landlord, after the drawings and specifications therefor that impact the base building mechanical, electrical environmental and structural components have been reviewed (pursuant to Section 4.3(b)) Landlord be performed by the Landlord’s base building mechanicalLandlord ON A COMPETITIVE PRICE BASIS at the Tenant's cost. On completion of such work, electrical, environmental and structural engineering consultants where required to ensure compatibility the cost of the Alterations with work plus a sum equal to xxxxx 10% of said cost representing the Building Systems or structure of Landlord's overhead, shall be paid to the BuildingLandlord. WITH RESPECT TO ALTERATIONS THAT WOULD AFFECT ANY OF THE ELECTRICAL, PLUMBING, MECHANICAL, HEATING, VENTILATING OR AIR CONDITIONING SYSTEMS OR OTHER BASE BUILDING SYSTEMS OF THE BUILDING, THE LANDLORD, DESPITE THE FOREGOING PROVISION OF THIS SECTION 5.03(b) IN RESPECT OF SUCH SYSTEMS, WILL NOT UNREASONABLY WITHHOLD ITS APPROVAL TO THE TENANT CARRYING OUT WORK IN ACCORDANCE WITH ANY REASONABLE CRITERIA OF THE LANDLORD FOR CARRYING OUT SUCH WORK.
(dc) The If the Tenant shall not place anything on installs Leasehold Improvements, or make makes Alterations which depart from the Building standard and which restrict access by the Landlord to any openings Building system, or which restrict the installation of the leasehold improvements of any other tenant in the roof without the prior written consent of the LandlordBuilding AND SUCH HAVE NOT BEEN APPROVED BY THE LANDLORD OR REFERRED TO IN ANY PLANS SO APPROVED, which may be granted or withheld at the Landlord’s sole discretion. On the expiration of the Term or earlier termination of this Lease, then the Tenant shall repair any damage caused to the Building as a result of having placed anything on or having made openings in or having attached anything to the roof, failing which be responsible for all costs incurred by the Landlord may, without obligation, repair the damage and charge the Tenant the costs of same and collect same as Additional Rent.
(e) All Alterations shall be pursued diligently to completion. Where it appears to the Landlord that the Alterations are not being pursued as required, the Landlord may require the Tenant to develop a timeline for completing same and, once approved by the Landlord, the Tenant’s shall adhere in obtaining access to such timelineBuilding system, or in installing such other tenant's leasehold improvements.
(f) In any event, the Tenant agrees to ensure, prior to commencement of any work or Alterations, that all of the Tenant’s contractors who perform work to the Premises and/or Building as required, must:
(i) agree to be bound by the procedures and rules contained in the Landlord’s Health and Safety Manual;
(ii) provide all clearances required by the Workplace Safety and Insurance Board or otherwise required at law;
(iii) carry sufficient insurance, as required under the Building Code Act, the Occupational Health and Safety Act, the Workplace Safety Act to the Landlord’s satisfaction;
(iv) be licensed by a governmental authority and carry such unexpired license at all times; and,
(v) adhere to the terms of this Lease, including the Rules and Regulations.
Appears in 1 contract
Approval of Tenant's Alterations. (a) Due to the nature The Tenant will not require approval of the Tenant’s businessLandlord for any alterations, the Tenant may need to make Alterations improvements, repairs or replacements to the Premises after the commencement of the Term which do not affect the structure of the Building, any exterior wall, windows or the Building Systems therein from time to time to meet changing business conditions or to remain cGMP compliant. No Alterations shall be made to the Premises or Building Systems or Leasehold Improvements therein without the Landlord’s prior written approval of same and the Tenant’s plans and drawings for such Alterations, which approval shall not be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoingroof thereof, the Tenant shall be permitted to effect Alterations for the purpose ground floor lobby or any of changing business conditions or to remain cGMP compliant without the Landlord’s prior written approval where the Alterations are limited solely to modifying or moving Trade Fixtures or the Tenant’s equipment (excluding Leasehold Improvements), in a manner that does not adversely affect the Building Systems or structural elements the aesthetics of the Building and which do notnot require a building permit, provided the Tenant has given written notice with reasonable detail of the proposed work to the Landlord in advance. All other alterations, improvements, repairs or replacements after the aggregate exceed commencement of the cost of Ten Thousand Dollars Term will require the Landlord's prior written approval ($10,000) not to complete. Alterations for any other purpose, including to accommodate Assignments, shall be governed by 4.3(b), (c), (d), (e) and (funreasonably withheld).
(b) Except as otherwise permitted herein, when the Tenant desires to make an Alteration, the The Tenant shall submit to the Landlord details of the proposed Alteration including appropriate work and a reasonable number (as required by the Landlord) of copies of drawings and specifications for such work prepared by qualified architects or engineers. The Tenant shall pay to the Landlord its then current charge and all disbursements incurred by the Landlord for the review of such drawings and specifications. The Landlord shall review Tenant’s proposal in an expeditious fashion, which review shall include the review respond to any request for approval within fifteen 15 days of same by FLWR, and deliver a written decision to the Tenant in not more than ten (10) Business Days following receipt of the proposed Alterationall required details, drawings and specifications and provide details of any changes required. The Tenant shall incorporate such changes into such drawings and specifications and resubmit them for approval. The Tenant shall not apply for a building permit prior to receiving the Landlord’s reasonable out-of-pocket costs 's approval of reviewing the drawings and approving all such proposed Alterations, including by the Architect or engineer as the case may be, shall be reimbursed by the Tenant, not to exceed $2,500specifications.
(c) All Alterations alterations, improvements, repairs and replacements shall be performed:
(i) at the sole cost of the Tenant;
(ii) by contractors on a pre-and workmen approved list of Tenant and Landlord approved contractors or otherwise approved in writing by the Landlord and the Tenant, both parties acting reasonably; it is acknowledged by the parties that where an Alteration requires special knowledge, training or certification in handling, exposure and treatment of radioactive materials, thatLandlord, acting reasonably, and compatible with the Tenant shall approve labour affiliation, if any, of all the Landlord's contractors and workmen, provided that if the alterations, improvements, repairs or replacements would affect any of the structural components, exterior walls, windows or roofs of the Building or any of the Building Systems or the aesthetics of the Building, such work shall, at the option of the Landlord, be performed at the Tenant's cost by the Landlord or by contractors retained for and workmen designated by the AlterationLandlord in its sole discretion;
(iii) in a good and workmanlike manner;
(iv) in accordance with the drawings and specifications approved by the Landlord, as applicable;
(v) in accordance with all Applicable Laws Laws, any ground lease of the Lands or the Building, the Municipal and Operating Agreements and requirements of the Landlord’s Health and Safety Manual, provided that no Alterations shall be commenced prior to the Tenant obtaining, at its sole cost, a building permit and any other permits required by any governmental authority having jurisdiction's insurers;
(vi) subject to the reasonable regulations regulation, supervision, control and inspection of the Landlord; and
(vii) At subject to such indemnification against liens and expenses as the option of the Landlord, after the drawings and specifications therefor that impact the base building mechanical, electrical environmental and structural components have been reviewed (pursuant to Section 4.3(b)) by the Landlord’s base building mechanical, electrical, environmental and structural engineering consultants where required to ensure compatibility of the Alterations with the Building Systems or structure of the BuildingLandlord reasonably requires.
(d) The If the Tenant shall not place anything on installs Leasehold Improvements or make makes alterations, improvements, repairs or replacements which depart from the standard for the Building, and which restrict access by the Landlord to any openings of the Building Systems or Common Areas or Facilities, or which restrict the installation of the leasehold improvements of any other tenant in the roof without the prior written consent of the LandlordBuilding, which may be granted or withheld at the Landlord’s sole discretion. On the expiration of the Term or earlier termination of this Lease, then the Tenant shall repair any damage caused to the Building as a result of having placed anything on or having made openings in or having attached anything to the roof, failing which be responsible for all costs incurred by the Landlord may, without obligation, repair the damage and charge the Tenant the costs of same and collect same as Additional Rent.
(e) All Alterations shall be pursued diligently to completion. Where it appears to the Landlord that the Alterations are not being pursued as required, the Landlord may require the Tenant to develop a timeline for completing same and, once approved by the Landlord, the Tenant’s shall adhere in obtaining access to such timelineBuilding Systems or Common Areas and Facilities or in installing such other tenant's leasehold improvements.
(f) In any event, the Tenant agrees to ensure, prior to commencement of any work or Alterations, that all of the Tenant’s contractors who perform work to the Premises and/or Building as required, must:
(i) agree to be bound by the procedures and rules contained in the Landlord’s Health and Safety Manual;
(ii) provide all clearances required by the Workplace Safety and Insurance Board or otherwise required at law;
(iii) carry sufficient insurance, as required under the Building Code Act, the Occupational Health and Safety Act, the Workplace Safety Act to the Landlord’s satisfaction;
(iv) be licensed by a governmental authority and carry such unexpired license at all times; and,
(v) adhere to the terms of this Lease, including the Rules and Regulations.
Appears in 1 contract
Sources: Lease Agreement (Pri Automation Inc)