Changes and Alterations. Section 10.01. Tenant shall not make any changes or alterations to the improvements existing on the Demised Premises at the Occupancy Date except in accordance with this Article. Section 10.02. All changes, alterations, demolition or new construction, structural or otherwise, to the Building other than decorations, painting and other non-structural activities aggregating less than $35,000 shall be subject to Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. All changes, alterations, demolition, or new construction (collectively "changes or alterations") shall be made in all cases subject to the following conditions: A. No changes or alterations shall be undertaken until Tenant shall have procured and paid for, so far as the same may be required from time to time, all municipal and other governmental permits and authorizations of the various municipal departments and governmental subdivisions having jurisdiction. Landlord shall, at Tenant's sole cost and expense, except as otherwise provided herein, join in the application for such permits or authorizations whenever such action is necessary. B. Any structural changes or alterations, or any changes or alterations undertaken as a single project and involving an estimated cost aggregating more than five (5%) percent of the then full insurable value of the Building (other than decorations, painting and other non-structural activities aggregating less than $35,000), shall be conducted under the supervision of an architect or engineer licensed as such in the State (who may be an employee of Tenant or its managing agent) selected by Tenant, and no such work shall be undertaken until preliminary plans and outline specifications and budget estimates therefor, prepared and approved in writing by such architect or engineer stating that in the opinion of such architect or engineer, the same shall comply with this Article, shall have been submitted to Landlord. C. All changes or alterations shall be of such a character that, when completed, the economic value of the Building shall be not less than the value of the Building immediately prior to any such changes or alterations. D. All work done in connection with any changes or alterations shall be done in a good and workmanlike manner and in compliance with applicable building and zoning laws and all other applicable laws, ordinances, orders and requirements of all federal, state, and municipal governments and the appropriate departments, commissions, boards, and officers thereof; the Demised Premises shall at all times be free of liens for labor and materials supplied or claims to have been supplied, and Tenant shall obtain lien waivers from all contractors upon the completion of their activities at the Premises; and the work shall be prosecuted with reasonable dispatch, unavoidable delays excepted. E. Worker's compensation insurance covering all persons employed in connection therewith and with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant, or the Demised Premises and general liability and property damage insurance (which may be effected by endorsement, if obtainable, on the insurance required to be carried pursuant to Article 4 for the mutual benefit of Landlord and Tenant with limits of not less than those required to be carried pursuant to Section 4.07A shall be maintained by Tenant at all times when any work is in process in connection with any changes or alterations. F. No changes or alterations undertaken as a single project and involving an estimated cost aggregating more than five (5%) percent of the then full insurable value of the Building shall be undertaken until Tenant shall have furnished to Landlord, (i) cash, (ii) a completion bond issued by a bonding company reasonably satisfactory to the Landlord, or (iii) such other security reasonably acceptable to the Landlord, in each case in an amount at least equal to the estimated cost of such changes or alterations. Section 10.03. In performing any work or repairs to, or restoration, replacement, or rebuilding of, the Building required to be performed by Tenant pursuant to the terms of this Lease, Tenant shall observe and perform, in so far as the nature of such repairs, restoration, replacement, or rebuilding make such observance and performance appropriate, the conditions relating to changes or alterations set forth in this Article. Section 10.04. Prior to submitting to the appropriate governmental agency any plans and drawings for Governmental Approvals, Tenant shall submit to Landlord said plans and drawings ("Proposed Specifications"). Landlord shall have a period of fifteen (15) days either to approve or to disapprove the Proposed Specifications, any such approval not unreasonably to be withheld or delayed. If Landlord does not approve the Proposed Specifications, Landlord shall return the Proposed Specifications to Tenant and notify Tenant of any reasonable changes it desires to the Proposed Specifications. In that event, Tenant shall modify the Proposed Specifications in accordance with Landlord's requirements and shall return them as modified to Landlord within the following ten (10) days. All changes to the Proposed Specifications, whether required by any governmental agency having jurisdiction over the Demised Premises or as otherwise made during the term of this Lease, shall also be submitted to Landlord for its review and approval as provided hereinabove. Section 10.05. Promptly upon the completion of all alterations, additions, changes or improvements performed by Tenant at the Demised Premises, Tenant shall deliver to Landlord a Certificate of Occupancy, the Certificate of Fire Underwriters and all other certificates and approvals of any other appropriate governmental or supervisory agency having jurisdiction thereof, certifying the proper completion of such work in accordance with all applicable laws, rules and regulations. In addition, upon completion of any and all such work Tenant shall promptly deliver to Landlord a set of "as built" plans and specifications. Section 10.06. All permanent installations affixed to the Demised Premises at any time, either by Tenant or by Landlord on behalf of Tenant, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the Demised Premises unless Landlord, by written notice to Tenant no later than twenty (20) days prior to the Expiration Date, elects to have them removed by Tenant, in which event the same shall be removed by Tenant at Tenant's expense prior to the Expiration Date. Nothing in this Article shall be construed to give Landlord title to or prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such equipment from the Demised Premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the Demised Premises to the condition existing prior to such installation and shall repair any damage to the Demised Premises or the Building due to such removal. Section 10.07. Tenant shall pay to Landlord on demand, as additional rent, a supervisory fee of 10% of the cost of any alterations, additions, changes or improvements made to the Demised Premises other than decorations, painting and other non-structural activities aggregating less than $35,000. Tenant shall also pay to Landlord Landlord's cost for reviewing any plans submitted by Tenant.
Appears in 1 contract
Sources: Lease Agreement (Vasomedical Inc)
Changes and Alterations. Section 10.01. Tenant shall not have the right, at any time and from time to time, without the consent of Landlord, to make any alterations, improvements, additions, changes or alterations repairs which are nonstructural and which do not affect any of the building systems, provided the total cost of such improvements shall be less than $100,000.00. Tenant shall have the right, at any time and from time to the improvements existing on the Demised Premises at the Occupancy Date except in accordance with this Article.
Section 10.02. All changestime, to make other changes and alterations, demolition or new construction, structural or otherwise, to the Building other than decorations, painting and other non-structural activities aggregating less than $35,000 Premises as Tenant shall be subject to deem necessary or desirable so long as Landlord's prior written consentand the existing (as of the date hereof) Fee Mortgagee's consent is first obtained, which consent shall not be unreasonably withheld or delayed. (All changes, alterations, demolition, improvements described in this Section 10.01 are hereinafter referred to as "Changes or new construction (collectively Alterations"changes ). Changes or alterations") Alterations shall be made in all cases subject to comply with the following conditions:
A. No changes no Changes or alterations Alterations shall be undertaken until Tenant shall have procured and paid for, so far as the same may be required from time to time, all municipal and other governmental permits and authorizations of the various municipal departments and governmental subdivisions having jurisdiction. , and Landlord shall, at Tenant's sole cost and expense, except as otherwise provided herein, shall join in the application for such permits or authorizations whenever such action is necessary.;
B. Any structural changes or alterations, or any changes or alterations undertaken as a single project all Changes and involving an estimated cost aggregating more than five (5%) percent of the then full insurable value of the Building (other than decorations, painting and other non-structural activities aggregating less than $35,000), shall be conducted under the supervision of an architect or engineer licensed as such in the State (who may be an employee of Tenant or its managing agent) selected by Tenant, and no such work shall be undertaken until preliminary plans and outline specifications and budget estimates therefor, prepared and approved in writing by such architect or engineer stating that in the opinion of such architect or engineer, the same shall comply with this Article, shall have been submitted to Landlord.
C. All changes or alterations Alterations shall be of such a character that, when completed, (1) the economic value of the Building Premises shall be not less than the value of the Building Premises immediately before any such Changes and Alterations, and (2) the right and ability to operate on the Premises at least the same number of nursing home beds as were licensed for the Premises immediately prior to any the making of such changes or alterations.improvements shall not be diminished;
D. All C. all work done in connection with any changes or alterations shall be done in a good and workmanlike manner and in compliance with applicable building and zoning laws and with all other applicable laws, ordinances, orders and requirements of all federal, state, state and municipal governments and the appropriate departments, commissions, boards, regulatory authorities and officers thereof; Tenant shall pay the Demised cost of any work in cash or its equivalent, so that the Premises shall at all times be free of liens for labor and materials supplied or claims claimed to have been supplied, and Tenant shall obtain lien waivers from all contractors upon the completion of their activities at the Premises; and the all work shall be prosecuted with reasonable dispatch, unavoidable delays excepted.; and
E. WorkerD. workmen's compensation insurance covering all persons employed in connection therewith and with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant, Tenant or the Demised Premises and general liability and property damage insurance (including, without limitation, insurance commonly referred to as "builder's risk" insurance if applicable) any of which may be effected by endorsement, if obtainable, endorsement on the insurance required to be carried pursuant to Article 4 for the mutual benefit of Landlord and Tenant with limits of not less than those required to be carried pursuant to Section 4.07A Article 4 shall be maintained by Tenant at all times when any work is in process in connection with any changes or alterationsprocess.
F. No changes or alterations undertaken as a single project and involving an estimated cost aggregating more than five (5%) percent of the then full insurable value of the Building shall be undertaken until Tenant shall have furnished to Landlord, (i) cash, (ii) a completion bond issued by a bonding company reasonably satisfactory to the Landlord, or (iii) such other security reasonably acceptable to the Landlord, in each case in an amount at least equal to the estimated cost of such changes or alterations.
Section 10.03. In performing any work or repairs to, or restoration, replacement, or rebuilding of, the Building required to be performed by Tenant pursuant to the terms of this Lease, Tenant shall observe and perform, in so far as the nature of such repairs, restoration, replacement, or rebuilding make such observance and performance appropriate, the conditions relating to changes or alterations set forth in this Article.
Section 10.04. Prior to submitting to the appropriate governmental agency any plans and drawings for Governmental Approvals, Tenant shall submit to Landlord said plans and drawings ("Proposed Specifications"). Landlord shall have a period of fifteen (15) days either to approve or to disapprove the Proposed Specifications, any such approval not unreasonably to be withheld or delayed. If Landlord does not approve the Proposed Specifications, Landlord shall return the Proposed Specifications to Tenant and notify Tenant of any reasonable changes it desires to the Proposed Specifications. In that event, Tenant shall modify the Proposed Specifications in accordance with Landlord's requirements and shall return them as modified to Landlord within the following ten (10) days. All changes to the Proposed Specifications, whether required by any governmental agency having jurisdiction over the Demised Premises or as otherwise made during the term of this Lease, shall also be submitted to Landlord for its review and approval as provided hereinabove.
Section 10.05. Promptly upon the completion of all alterations, additions, changes or improvements performed by Tenant at the Demised Premises, Tenant shall deliver to Landlord a Certificate of Occupancy, the Certificate of Fire Underwriters and all other certificates and approvals of any other appropriate governmental or supervisory agency having jurisdiction thereof, certifying the proper completion of such work in accordance with all applicable laws, rules and regulations. In addition, upon completion of any and all such work Tenant shall promptly deliver to Landlord a set of "as built" plans and specifications.
Section 10.06. All permanent installations affixed to the Demised Premises at any time, either by Tenant or by Landlord on behalf of Tenant, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the Demised Premises unless Landlord, by written notice to Tenant no later than twenty (20) days prior to the Expiration Date, elects to have them removed by Tenant, in which event the same shall be removed by Tenant at Tenant's expense prior to the Expiration Date. Nothing in this Article shall be construed to give Landlord title to or prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such equipment from the Demised Premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the Demised Premises to the condition existing prior to such installation and shall repair any damage to the Demised Premises or the Building due to such removal.
Section 10.07. Tenant shall pay to Landlord on demand, as additional rent, a supervisory fee of 10% of the cost of any alterations, additions, changes or improvements made to the Demised Premises other than decorations, painting and other non-structural activities aggregating less than $35,000. Tenant shall also pay to Landlord Landlord's cost for reviewing any plans submitted by Tenant.
Appears in 1 contract
Sources: Lease Agreement (Eldertrust)
Changes and Alterations. Section 10.01. During the Term of this Lease, the Tenant shall not make any changes alteration or alterations addition to the improvements existing on Premises (collectively, the Demised “Improvements”) that would materially alter the function or exterior appearance of the Premises at without the Occupancy Date except in accordance with this Article.
Section 10.02prior written consent of the Landlord. All changes, alterations, demolition or new construction, structural or otherwise, to the Building other than decorations, painting alterations and other non-structural activities aggregating less than $35,000 shall be subject to Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. All changes, alterations, demolition, or new construction (collectively "changes or alterations") additions shall be made in at the sole cost and expense of the Tenant and shall comply with all cases subject to of the following conditionsfollowing:
A. (a) The change or alteration shall not materially impair the value or structural integrity of the Improvements.
(b) The change or alteration shall be for a use which is permitted hereunder.
(c) No changes change, alteration or alterations addition shall be undertaken until Tenant shall have procured obtained and paid for, so far as the same may be required from time to time, all municipal and other governmental required permits and authorizations of the various municipal any federal, state or local government or departments and governmental or subdivisions of any of them, having jurisdiction. Landlord shall, at Tenant's sole cost and expense, except as otherwise provided herein, join in the application for such permits or authorizations whenever such action is necessary.
B. (d) Any structural changes change, alteration or alterations, or any changes or alterations undertaken as a single project and involving an estimated cost aggregating more than five (5%) percent of the then full insurable value of the Building (other than decorations, painting and other non-structural activities aggregating less than $35,000), addition shall be conducted under the supervision of an architect or engineer licensed as such in the State (who may be an employee of Tenant or its managing agent) selected by Tenant, and no such work shall be undertaken until preliminary plans and outline specifications and budget estimates therefor, prepared and approved in writing by such architect or engineer stating that in the opinion of such architect or engineer, the same shall comply with this Article, shall have been submitted to Landlord.
C. All changes or alterations shall be of such a character that, when completed, the economic value of the Building shall be not less than the value of the Building immediately prior to any such changes or alterations.
D. All work done in connection with any changes or alterations shall be done made in a good and workmanlike manner and in compliance accordance with all applicable building and zoning laws permits and all other applicable lawsApplicable Laws.
(e) During the period of initial construction of the Improvements or the construction of any change, ordinancesalteration or addition in, orders to or of, the Improvements, new construction or any restoration, City shall comply with the insurance requirements set forth in Article VIII, which policy or policies by endorsement thereto, if not then covered, shall also insure any change, alteration or addition or new construction, including all materials and requirements equipment incorporated in, on or about the Improvements or the Property
(f) Prior to commencement of all federalany construction, statechange, and municipal governments and the appropriate departments, commissions, boards, and officers thereof; the Demised Premises shall at all times be free of liens for labor and materials supplied alteration or claims to have been supplied, and repair Tenant shall obtain lien waivers from all contractors upon deliver to City not later than ten (10) business days written notice of the completion proposed work and a general description of their activities at the Premises; and the proposed work. Such work shall not proceed until Landlord has approved (which approval shall not be prosecuted with reasonable dispatch, unavoidable delays excepted.unreasonably withheld or delayed) in writing:
E. Worker's compensation insurance covering all persons employed in connection therewith (i) Tenant’s contractor;
(ii) The amount and with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant, or the Demised Premises and general coverage of public liability and property damage insurance (which may be effected insurance, with Landlord named as an additional insured, carried by endorsementthe Tenant’s contractor; such work, if obtainable, on the insurance required to be carried pursuant to Article 4 for the mutual benefit of Landlord and Tenant with limits of not less than those required to be carried pursuant to Section 4.07A shall be maintained by Tenant at all times when any work is in process in connection with any changes or alterations.and;
F. No changes or alterations undertaken as a single project and involving an estimated cost aggregating more than five (5%) percent of the then full insurable value of the Building shall be undertaken until Tenant shall have furnished to Landlord, (i) cash, (ii) a completion bond issued by a bonding company reasonably satisfactory to the Landlord, or (iii) such other security reasonably acceptable to the Landlord, in each case in an amount at least equal to the estimated cost of such changes or alterations.
Section 10.03. In performing any work or repairs to, or restoration, replacement, or rebuilding of, the Building required to be performed by Tenant pursuant to the terms of this Lease, Tenant shall observe Complete and perform, in so far as the nature of such repairs, restoration, replacement, or rebuilding make such observance and performance appropriate, the conditions relating to changes or alterations set forth in this Article.
Section 10.04. Prior to submitting to the appropriate governmental agency any detailed plans and drawings specifications for
(iv) A schedule for Governmental Approvals, Tenant shall submit to Landlord said plans and drawings ("Proposed Specifications"). Landlord shall have a period of fifteen (15) days either to approve or to disapprove the Proposed Specifications, any such approval not unreasonably to be withheld or delayed. If Landlord does not approve the Proposed Specifications, Landlord shall return the Proposed Specifications to Tenant and notify Tenant of any reasonable changes it desires to the Proposed Specifications. In that event, Tenant shall modify the Proposed Specifications in accordance with Landlord's requirements and shall return them as modified to Landlord within the following ten (10) days. All changes to the Proposed Specifications, whether required by any governmental agency having jurisdiction over the Demised Premises or as otherwise made during the term of this Lease, shall also be submitted to Landlord for its review and approval as provided hereinabovework.
Section 10.05. Promptly upon the completion of all alterations, additions, changes or improvements performed by Tenant at the Demised Premises, Tenant shall deliver to Landlord a Certificate of Occupancy, the Certificate of Fire Underwriters and all other certificates and approvals of any other appropriate governmental or supervisory agency having jurisdiction thereof, certifying the proper completion of such work in accordance with all applicable laws, rules and regulations. In addition, upon completion of any and all such work Tenant shall promptly deliver to Landlord a set of "as built" plans and specifications.
Section 10.06. All permanent installations affixed to the Demised Premises at any time, either by Tenant or by Landlord on behalf of Tenant, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the Demised Premises unless Landlord, by written notice to Tenant no later than twenty (20) days prior to the Expiration Date, elects to have them removed by Tenant, in which event the same shall be removed by Tenant at Tenant's expense prior to the Expiration Date. Nothing in this Article shall be construed to give Landlord title to or prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such equipment from the Demised Premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the Demised Premises to the condition existing prior to such installation and shall repair any damage to the Demised Premises or the Building due to such removal.
Section 10.07. Tenant shall pay to Landlord on demand, as additional rent, a supervisory fee of 10% of the cost of any alterations, additions, changes or improvements made to the Demised Premises other than decorations, painting and other non-structural activities aggregating less than $35,000. Tenant shall also pay to Landlord Landlord's cost for reviewing any plans submitted by Tenant.
Appears in 1 contract
Sources: Master Lease Agreement
Changes and Alterations. Section 10.01. During the Term of this Agreement, Tenant shall not make any changes changes, improvements, repairs, alteration, addition or alterations otherwise to the improvements existing on Premises (collectively, the Demised Premises at “Improvements”) without the Occupancy Date except in accordance with this Article.
Section 10.02. All changes, alterations, demolition or new construction, structural or otherwise, to the Building other than decorations, painting and other non-structural activities aggregating less than $35,000 shall be subject to Landlord's prior written consent, which consent shall not be unreasonably withheld or delayedof City. All changes, alterations, demolition, or new construction (collectively "changes or alterations") Any approved alterations and additions shall be made in at the sole cost and expense of the Tenant and shall comply with all cases subject to of the following conditionsfollowing:
A. (a) The change or alteration shall not materially impair the value or structural integrity of the Premises.
(b) The change or alteration shall be for a use which is permitted hereunder.
(c) No changes change, alteration or alterations addition shall be undertaken until Tenant shall have procured obtained and paid for, so far as the same may be required from time to time, all municipal and other governmental required permits from the City of Milpitas, or where otherwise appropriate, and authorizations of the various municipal any federal, state or local government or departments and governmental or subdivisions of any of them, having jurisdiction. Landlord shall, at Tenant's sole cost and expense, except as otherwise provided herein, join in the application for such permits or authorizations whenever such action is necessary.
B. (d) Any structural changes change, alteration or alterations, or any changes or alterations undertaken as a single project and involving an estimated cost aggregating more than five (5%) percent of the then full insurable value of the Building (other than decorations, painting and other non-structural activities aggregating less than $35,000), addition shall be conducted under the supervision of an architect or engineer licensed as such in the State (who may be an employee of Tenant or its managing agent) selected by Tenant, and no such work shall be undertaken until preliminary plans and outline specifications and budget estimates therefor, prepared and approved in writing by such architect or engineer stating that in the opinion of such architect or engineer, the same shall comply with this Article, shall have been submitted to Landlord.
C. All changes or alterations shall be of such a character that, when completed, the economic value of the Building shall be not less than the value of the Building immediately prior to any such changes or alterations.
D. All work done in connection with any changes or alterations shall be done made in a good and workmanlike manner and in compliance accordance with all applicable building and zoning laws permits and all other applicable lawsApplicable Laws.
(e) During the period of initial construction of the Improvements or the construction of any change, ordinancesalteration or addition in, orders and requirements of all federalto or of, statethe Improvements, and municipal governments and the appropriate departmentsnew construction or any restoration, commissions, boards, and officers thereof; the Demised Premises shall at all times be free of liens for labor and materials supplied or claims to have been supplied, and Tenant shall obtain lien waivers from comply with the insurance requirements set forth in Article VIII, which policy or policies by endorsement thereto, if not then covered, shall also insure any change, alteration or addition or new construction, including all contractors upon materials and equipment incorporated in, on or about the completion Improvements or the Property.
(f) Prior to commencement of their activities at any construction, change, alteration or repair Tenant shall deliver to City no later than ten (10) business days written notice of the Premises; proposed work and a general description of the proposed work. Such work shall be prosecuted with reasonable dispatch, unavoidable delays excepted.not proceed until City has approved in writing:
E. Worker's compensation insurance covering all persons employed in connection therewith (i) Tenant’s contractor;
(ii) The amount and with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant, or the Demised Premises and general coverage of public liability and property damage insurance (which may be effected by endorsementinsurance, if obtainable, on the insurance required to be carried pursuant to Article 4 for the mutual benefit of Landlord and Tenant with limits of not less than those required to be carried pursuant to Section 4.07A shall be maintained by Tenant at all times when any work is in process in connection with any changes or alterations.City named as an additional insured;
F. No changes or alterations undertaken as a single project and involving an estimated cost aggregating more than five (5%) percent of the then full insurable value of the Building shall be undertaken until Tenant shall have furnished to Landlord, (i) cash, (ii) a completion bond issued by a bonding company reasonably satisfactory to the Landlord, or (iii) such other security reasonably acceptable to the Landlord, in each case in an amount at least equal to the estimated cost of such changes or alterations.
Section 10.03. In performing any work or repairs to, or restoration, replacement, or rebuilding of, the Building required to be performed by Tenant pursuant to the terms of this Lease, Tenant shall observe Complete and perform, in so far as the nature of such repairs, restoration, replacement, or rebuilding make such observance and performance appropriate, the conditions relating to changes or alterations set forth in this Article.
Section 10.04. Prior to submitting to the appropriate governmental agency any detailed plans and drawings specifications for Governmental Approvals, Tenant shall submit to Landlord said plans and drawings such work; and
("Proposed Specifications"). Landlord shall have a period of fifteen (15iv) days either to approve or to disapprove A schedule for the Proposed Specifications, any such approval not unreasonably to be withheld or delayed. If Landlord does not approve the Proposed Specifications, Landlord shall return the Proposed Specifications to Tenant and notify Tenant of any reasonable changes it desires to the Proposed Specifications. In that event, Tenant shall modify the Proposed Specifications in accordance with Landlord's requirements and shall return them as modified to Landlord within the following ten (10) days. All changes to the Proposed Specifications, whether required by any governmental agency having jurisdiction over the Demised Premises or as otherwise made during the term of this Lease, shall also be submitted to Landlord for its review and approval as provided hereinabovework.
Section 10.05. Promptly upon the completion of all alterations, additions, changes or improvements performed by Tenant at the Demised Premises, Tenant shall deliver to Landlord a Certificate of Occupancy, the Certificate of Fire Underwriters and all other certificates and approvals of any other appropriate governmental or supervisory agency having jurisdiction thereof, certifying the proper completion of such work in accordance with all applicable laws, rules and regulations. In addition, upon completion of any and all such work Tenant shall promptly deliver to Landlord a set of "as built" plans and specifications.
Section 10.06. All permanent installations affixed to the Demised Premises at any time, either by Tenant or by Landlord on behalf of Tenant, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the Demised Premises unless Landlord, by written notice to Tenant no later than twenty (20) days prior to the Expiration Date, elects to have them removed by Tenant, in which event the same shall be removed by Tenant at Tenant's expense prior to the Expiration Date. Nothing in this Article shall be construed to give Landlord title to or prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such equipment from the Demised Premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the Demised Premises to the condition existing prior to such installation and shall repair any damage to the Demised Premises or the Building due to such removal.
Section 10.07. Tenant shall pay to Landlord on demand, as additional rent, a supervisory fee of 10% of the cost of any alterations, additions, changes or improvements made to the Demised Premises other than decorations, painting and other non-structural activities aggregating less than $35,000. Tenant shall also pay to Landlord Landlord's cost for reviewing any plans submitted by Tenant.
Appears in 1 contract
Sources: Property Use Agreement
Changes and Alterations. Section 10.01. Tenant 8.09.01 No changes shall not make any changes or alterations to the improvements existing on the Demised Premises at the Occupancy Date except in accordance with this Article.
Section 10.02. All be made and no bills for changes, alterations, demolition modifications, deviations, and extra orders shall be recognized or new constructionpaid for except upon a written change order from the OWNER or the OWNER’S REPRESENTATIVE.
8.09.02 The CONTRACTOR further agrees that either before or after the beginning of the work, structural the OWNER, acting solely through the OWNER’S REPRESENTATIVE, may make such changes and alterations as OWNER’S REPRESENTATIVE and/or OWNER sees fit in the dimensions, plans or materials, or any part thereof, for the work contemplated under this Agreement without affecting the validity of this Agreement or the accompanying bonds. If such changes or alterations diminish the quantity of work to be done, they shall not constitute the basis for any claim for damages or anticipated profits on the work that may be dispensed with. The CONTRACTOR shall never be entitled to anticipated or lost profits on the deleted or reduced portion of the project whether bid on a unit or lump sum basis. If such changes increase the amount of work, and the increased work can be fairly classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this Agreement; otherwise, to such additional work shall be paid for as provided under Extra Work. In case the Building OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the OWNER shall recompense the CONTRACTOR for any material or labor so used and for any actual loss, other than decorations, painting lost profits occasioned by such change due to actual expenses incurred in preparation for the work as originally planned.
8.09.03 Changes and other non-structural activities aggregating less alterations that are authorized through change orders may be made or approved by the OWNER provided that the change order does not increase or decrease this Agreement by more than $35,000 shall be subject to Landlord's prior written consent, which consent shall not be unreasonably withheld or delayedthe amount specified in the Ordinance passed by the City Council approving this contract. All changes, alterations, demolition, or new construction (collectively "changes or alterations") Any requests by the CONTRACTOR for a change in original Payment Amount shall be made in all cases subject to the following conditions:
A. No changes or alterations shall be undertaken until Tenant shall have procured and paid for, so far as the same may be required from time to time, all municipal and other governmental permits and authorizations of the various municipal departments and governmental subdivisions having jurisdiction. Landlord shall, at Tenant's sole cost and expense, except as otherwise provided herein, join in the application for such permits or authorizations whenever such action is necessary.
B. Any structural changes or alterations, or any changes or alterations undertaken as a single project and involving an estimated cost aggregating more than five (5%) percent of the then full insurable value of the Building (other than decorations, painting and other non-structural activities aggregating less than $35,000), shall be conducted under the supervision of an architect or engineer licensed as such in the State (who may be an employee of Tenant or its managing agent) selected by Tenant, and no such work shall be undertaken until preliminary plans and outline specifications and budget estimates therefor, prepared and approved in writing by such architect or engineer stating that in the opinion of such architect or engineer, the same shall comply with this Article, shall have been submitted to Landlord.
C. All changes or alterations shall be of such a character that, when completed, the economic value of the Building shall be not less than the value of the Building immediately prior to any such changes or alterations.
D. All work done in connection with any changes or alterations shall be done in a good and workmanlike manner and in compliance with applicable building and zoning laws and all other applicable laws, ordinances, orders and requirements of all federal, state, and municipal governments and the appropriate departments, commissions, boards, and officers thereof; the Demised Premises shall at all times be free of liens for labor and materials supplied or claims to have been supplied, and Tenant shall obtain lien waivers from all contractors upon the completion of their activities at the Premises; and the work shall be prosecuted with reasonable dispatch, unavoidable delays excepted.
E. Worker's compensation insurance covering all persons employed in connection therewith and with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant, or the Demised Premises and general liability and property damage insurance (which may be effected by endorsement, if obtainable, on the insurance required to be carried pursuant to Article 4 for the mutual benefit of Landlord and Tenant with limits of not less than those required to be carried pursuant to Section 4.07A shall be maintained by Tenant at all times when any work is in process in connection with any changes or alterations.
F. No changes or alterations undertaken as a single project and involving an estimated cost aggregating more than five (5%) percent of the then full insurable value of the Building shall be undertaken until Tenant shall have furnished to Landlord, (i) cash, (ii) a completion bond issued by a bonding company reasonably satisfactory to the Landlord, or (iii) such other security reasonably acceptable to the Landlord, in each case in an amount at least equal to the estimated cost of such changes or alterations.
Section 10.03. In performing any work or repairs to, or restoration, replacement, or rebuilding of, the Building required to be performed by Tenant pursuant to the terms of this Lease, Tenant shall observe and perform, in so far as the nature of such repairs, restoration, replacement, or rebuilding make such observance and performance appropriate, the conditions relating to changes or alterations set forth in this Article.
Section 10.04. Prior to submitting to the appropriate governmental agency any plans and drawings for Governmental Approvals, Tenant shall submit to Landlord said plans and drawings ("Proposed Specifications"). Landlord shall have a period of fifteen (15) days either to approve or to disapprove the Proposed Specifications, any such approval not unreasonably to be withheld or delayed. If Landlord does not approve the Proposed Specifications, Landlord shall return the Proposed Specifications to Tenant and notify Tenant of any reasonable changes it desires to the Proposed Specifications. In that event, Tenant shall modify the Proposed Specifications in accordance with Landlord's requirements and shall return them as modified to Landlord within the following ten (10) days. All changes to the Proposed Specifications, whether required by any governmental agency having jurisdiction over the Demised Premises or as otherwise made during the term of this Lease, shall also be submitted to Landlord for its review and approval as provided hereinabove.
Section 10.05. Promptly upon the completion of all alterations, additions, changes or improvements performed by Tenant at the Demised Premises, Tenant shall deliver to Landlord a Certificate of Occupancy, the Certificate of Fire Underwriters and all other certificates and approvals of any other appropriate governmental or supervisory agency having jurisdiction thereof, certifying the proper completion of such work in accordance with all applicable laws, rules and regulations. In addition, upon completion of any and all such work Tenant shall promptly deliver to Landlord a set of "as built" plans and specifications.
Section 10.06. All permanent installations affixed to the Demised Premises at any time, either by Tenant or by Landlord on behalf of Tenant, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the Demised Premises unless Landlord, by written notice to Tenant no later than twenty (20) days prior to the Expiration Date, elects beginning of the work covered by the proposed change or the right to have them removed by Tenant, in which event the same payment for Extra Work shall be removed by Tenant at Tenant's expense prior to the Expiration Date. Nothing in this Article shall be construed to give Landlord title to or prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such equipment from the Demised Premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the Demised Premises to the condition existing prior to such installation and shall repair any damage to the Demised Premises or the Building due to such removalwaived.
Section 10.07. Tenant shall pay to Landlord on demand, as additional rent, a supervisory fee of 10% of the cost of any alterations, additions, changes or improvements made to the Demised Premises other than decorations, painting and other non-structural activities aggregating less than $35,000. Tenant shall also pay to Landlord Landlord's cost for reviewing any plans submitted by Tenant.
Appears in 1 contract
Sources: Standard Form of Agreement
Changes and Alterations. Section 10.01. 9.01 Except as hereinafter provided, Tenant shall not make any changes or alterations to the improvements existing on the Demised Premises at the Occupancy Date except in accordance with this Article.
Section 10.02. All changesnot, alterations, demolition or new construction, structural or otherwise, to the Building other than decorations, painting and other non-structural activities aggregating less than $35,000 shall be subject to ------------ without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. All make any changes, alterations, demolitionimprovements or additions to the Demised Premises or any portion thereof. Provided that there shall not then exist any Event of Default (as hereinafter defined) hereunder, Tenant shall have the right at any time and from time to time during the term of this Lease to make, at its sole cost and expense, interior, non-structural changes and alterations in or new construction to the Demised Premises, subject, however, in all cases to the following (collectively "changes except to the extent that compliance with the following would prevent or alterations"interfere with the performance of Tenant's obligations under Section 8.01 hereof):
(a) no change or alteration of any kind shall be made which would tend to reduce or impair the value, rental, rental value, gross sales, rentability, structural strength or usefulness of the Property or any part thereof (any dispute in all cases subject connection therewith to be determined by arbitration);
(b) no change or alteration of any kind shall be made which would give to any owner, lessee or occupant of any other property or to any other person or corporation any easement, right-of-way or any other right over the following conditions:Property or any part thereof;
A. No changes (c) no change or alterations alteration affecting the roof of the Building or any portion thereof, shall be made without Landlord's prior written consent;
(d) no change or alteration involving an estimated cost of more than $25,000 shall be made without the prior consent of Landlord and the prior consent of any mortgagee of the fee interest in the Property, if any, if required by the applicable mortgage;
(e) no change or alteration affecting the roof of the Building, or any portion thereof, shall be performed by any person or entity (a "Contractor") unless said Contractor shall have been first approved by Landlord ---------- in writing and the contract pursuant to which said Contractor is to perform such work shall have first been approved by Landlord in writing;
(f) no change or alteration shall be undertaken until until, to the extent required by applicable laws, rules, ordinances or regulations, all plans and specifications shall be filed with and approved by all municipal departments and governmental subdivisions having jurisdiction and Tenant shall have procured and paid for, so far as the same may be required from time to time, all municipal and other governmental permits and authorizations of the various all municipal departments and governmental subdivisions having jurisdiction. jurisdiction and Landlord shall, at Tenant's sole cost and expense, except as otherwise provided herein, shall join in the application for such permits or authorizations whenever such action joinder is necessary., but without any liability or expense to Landlord;
B. Any structural changes (g) any change or alterations, or any changes or alterations undertaken as a single project and alteration involving in the aggregate an estimated cost aggregating of more than five (5%) percent of the then full insurable value of the Building (other than decorations, painting and other non-structural activities aggregating less than $35,000), 25,000 shall be conducted under the supervision of an architect or engineer licensed as such in the State (who may be an employee of selected and paid for by Tenant or its managing agent) selected by Tenant, and no such work shall be undertaken until preliminary plans and outline specifications and budget estimates therefor, prepared and approved in writing by Landlord, and no such change or alteration shall be made except in accordance with detailed plans and specifications and cost estimates prepared and approved by such architect or engineer stating that in the opinion of such architect and by Landlord;
(h) any change or engineer, the same shall comply with this Article, shall have been submitted to Landlord.
C. All changes or alterations alteration shall be of such a character that, when completed, the economic value of the Building shall be not less than the value of the Building immediately prior to any such changes or alterations.
D. All work done made promptly and in connection with any changes or alterations shall be done in a good and workmanlike manner and in compliance with all applicable permits and authorizations and building and zoning laws and with all other applicable laws, ordinances, orders orders, rules, regulations and requirements of all federal, state, state and municipal governments and the appropriate governments, departments, commissions, boardsboards and officers, any national or local Board of Fire Underwriters, or any other body hereafter exercising functions similar to those of any of the foregoing, and officers thereof; the Demised Premises consent of the holder of each fee mortgage shall at all times be free obtained if required under the terms of liens for labor and materials supplied or claims to have been supplied, and any such mortgage;
(i) before the commencement of any work Tenant shall obtain lien waivers from all contractors upon (i) pay the completion of their activities at the Premises; and increase in any insurance premiums caused by the work shall be prosecuted with reasonable dispatch, unavoidable delays excepted.
E. Workerand worker's compensation insurance covering all persons employed in connection therewith with the work and with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant, Tenant or the Demised Premises Property, and general liability and property damage insurance (ii) in the case of any change, alteration, demolition or reconstruction having an estimated cost of $25,000 or more, purchase builder's risk insurance, which may shall be effected by endorsement, if obtainable, on the insurance required maintained or caused to be carried pursuant to Article 4 for the mutual benefit of Landlord and Tenant with limits of not less than those required to be carried pursuant to Section 4.07A shall be maintained by Tenant at Tenant's sole cost and expense at all times when any work is in process progress in connection with any changes such change, alteration, demolition or alterations.reconstruction and all such insurance shall be in a company or companies of recognized responsibility approved by Landlord and shall meet the requirements of Article 5 hereof, and all policies or certificates therefor issued by the respective insurers, bearing notations evidencing the payment of premiums or accompanied by other evidence satisfactory to Landlord of such payment, shall be delivered to Landlord;
F. No changes or alterations undertaken as a single project and involving an (j) if the estimated cost aggregating more than five (5%) percent of the then full insurable value of the Building any such change or alteration shall be undertaken until Tenant in excess of $50,000, Tenant, before commencing any work, at Tenant's sole cost and expense, shall have furnished furnish to Landlord a surety company performance and payment bond, issued by a surety company acceptable to Landlord, (i) cash, (ii) a completion bond issued by a bonding company reasonably satisfactory to the Landlord, or (iii) such other security reasonably acceptable to the Landlord, in each case in an amount at least equal to the estimated cost of such changes or alterations.
Section 10.03. In performing any work or repairs tochange, or restorationalteration, replacementdemolition and reconstruction, or rebuilding ofguaranteeing the completion thereof within a reasonable time, the Building required to be performed by Tenant pursuant to the terms free and clear of this Leaseall liens, Tenant shall observe encumbrances, chattel mortgages, security agreements, financing statements, conditional bills of sale and performother charges, in so far as the nature of such repairs, restoration, replacement, or rebuilding make such observance and performance appropriate, the conditions relating to changes or alterations set forth in this Article.
Section 10.04. Prior to submitting to the appropriate governmental agency any plans and drawings for Governmental Approvals, Tenant shall submit to Landlord said plans and drawings ("Proposed Specifications"). Landlord shall have a period of fifteen (15) days either to approve or to disapprove the Proposed Specifications, any such approval not unreasonably to be withheld or delayed. If Landlord does not approve the Proposed Specifications, Landlord shall return the Proposed Specifications to Tenant and notify Tenant of any reasonable changes it desires to the Proposed Specifications. In that event, Tenant shall modify the Proposed Specifications in accordance with Landlord's requirements the plans and shall return them as modified to specifications approved by Landlord within the following ten (10) days. All changes to the Proposed Specificationsor, whether required by any governmental agency having jurisdiction over the Demised Premises or as otherwise made during the term of this Lease, shall also be submitted to Landlord for its review and approval as provided hereinabove.
Section 10.05. Promptly upon the completion of all alterations, additions, changes or improvements performed by Tenant at the Demised Premises, Tenant shall deliver to Landlord a Certificate of Occupancy, the Certificate of Fire Underwriters and all other certificates and approvals of any other appropriate governmental or supervisory agency having jurisdiction thereof, certifying the proper completion in lieu of such work in accordance with all applicable lawsperformance and payment bond, rules and regulations. In addition, upon completion other security satisfactory to Landlord;
(k) if the estimated cost of any and all such work Tenant shall promptly deliver to Landlord a set of "as built" plans and specifications.
Section 10.06. All permanent installations affixed to the Demised Premises at any time, either by Tenant change or by Landlord on behalf of Tenant, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the Demised Premises unless Landlord, by written notice to Tenant no later than twenty (20) days prior to the Expiration Date, elects to have them removed by Tenant, in which event the same alteration shall be removed by Tenant at Tenant's expense prior to the Expiration Date. Nothing in this Article shall be construed to give Landlord title to or prevent Tenant's removal excess of trade fixtures$25,000, moveable office furniture and equipment, but upon removal of any such equipment from the Demised Premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the Demised Premises to the condition existing prior to such installation and shall repair any damage to the Demised Premises or the Building due to such removal.
Section 10.07. Tenant shall pay to Landlord the reasonable fees and expenses of any architect or engineer selected by Landlord to review the plans and specifications and inspect the work on demandbehalf of Landlord;
(l) the Property shall at all times be free of liens, as additional rentencumbrances, a supervisory chattel mortgages, security agreements, financing statements and conditional bills of sale, for labor and materials supplied to the Property; and
(m) all work shall be done in accordance with the provisions of any mortgage on the fee of 10% interest in the Property to the extent provided by Landlord to Tenant. In no event shall Tenant be entitled to any abatement, allowance, reduction or suspension of the cost Rent, Impositions, additional rent and other charges by reason of any such changes or alterations, additionsnor shall Tenant be released of or from any other obligations imposed upon Tenant under this Lease.
Section 9.02 The floor area of the Building as changed or altered ------------ shall be equal to or greater than the floor area of the Building immediately prior to such change or alteration, changes or improvements made to and such Building shall be located on the Demised Premises other than decorations, painting Land only and other non-structural activities aggregating shall constitute an independent building having a value of not less than $35,000the Building theretofore located on the Property. Tenant Any dispute under this Section shall also pay be determined by arbitration. Title to Landlord such Building as changed or altered, together with associated fixtures and personal property, shall immediately upon affixation vest in Landlord, without payment therefor by Landlord, subject to Tenant's cost for reviewing any plans submitted by Tenantrights under this Lease.
Appears in 1 contract
Sources: Lease (Norton McNaughton Inc)
Changes and Alterations. Section 10.01. Tenant Landlord shall not make any changes changes, modifications or alterations to the improvements existing on the Demised Premises at the Occupancy Date except in accordance with this ArticleCommencement Date.
Section 10.02. All changesA. Tenant may, alterationswithout Landlord’s consent, demolition or new construction, structural or otherwise, to the Building other than decorations, painting and other make non-structural activities aggregating less than alterations or improvements to the Premises, the cost of which in each instance does not exceed $35,000 100,000.00. No other alterations, improvements or changes (i.e. nonstructural repairs, alterations or improvements the cost of which exceeds $100,000.00, or structural repairs, alterations or improvements) including any initial alterations to be performed by Tenant in order to make the premises ready for occupancy, shall be subject to made without Landlord's ’s prior written consent, which consent shall not be unreasonably withheld or delayed. All changesbuildings, alterationsimprovements, demolitionalterations and replacements, and all building service equipment made or installed by or on behalf of Tenant shall immediately, upon completion or installation thereof, be and become the property of Landlord. All trade fixtures, moveable partitions, furniture and furnishings installed at the expense of the Tenant shall remain the property of Tenant and Tenant may remove the same or any part thereof during the Term of this Lease, or new construction (collectively "changes or alterations") if the term shall be made in all cases subject end prior to the following conditions:
A. No changes or alterations shall be undertaken until date herein specifically fixed for such termination, then within a reasonable time thereafter, but Tenant shall have procured at its expense, repair any and paid for, so far as all damage to the same may be required Premises resulting from time or caused by such removal. Title to time, all municipal and other governmental permits and authorizations of the various municipal departments and governmental subdivisions having jurisdiction. Landlord any property which Tenant elects not to remove or which is abandoned by Tenant shall, at Tenant's sole cost and expense, except as otherwise provided herein, join in the application for such permits or authorizations whenever such action is necessary.
B. Any structural changes or alterations, or any changes or alterations undertaken as a single project and involving an estimated cost aggregating more than five (5%) percent end of the then full insurable value of the Building (term, vest in Landlord notwithstanding any other than decorations, painting and other non-structural activities aggregating less than $35,000), shall be conducted under the supervision of an architect rights or engineer licensed as such in the State (who remedies Landlord may be an employee of Tenant or its managing agent) selected by Tenant, and no such work shall be undertaken until preliminary plans and outline specifications and budget estimates therefor, prepared and approved in writing by such architect or engineer stating that in the opinion of such architect or engineer, the same shall comply with this Article, shall have been submitted to Landlord.
C. All changes or alterations shall be of such a character that, when completed, the economic value of the Building shall be not less than the value of the Building immediately prior to any such changes or alterations.
D. All work done in connection with any changes or alterations shall be done in a good and workmanlike manner and in compliance with applicable building and zoning laws and all other applicable laws, ordinances, orders and requirements of all federal, state, and municipal governments and the appropriate departments, commissions, boards, and officers thereof; the Demised Premises shall at all times be free of liens for labor and materials supplied or claims to have been supplied, and Tenant shall obtain lien waivers from all contractors upon the completion of their activities at the Premises; and the work shall be prosecuted with reasonable dispatch, unavoidable delays excepted.
E. Worker's compensation insurance covering all persons employed in connection therewith and maintain with respect to whom death or bodily injury claims could be asserted against Landlord, such failure to remove Tenant, or the Demised Premises and general liability and property damage insurance (which may be effected by endorsement, if obtainable, on the insurance required to be carried pursuant to Article 4 for the mutual benefit of Landlord and Tenant with limits of not less than those required to be carried pursuant to Section 4.07A shall be maintained by Tenant at all times when any ’s property. All such work is in process in connection with any changes or alterations.
F. No changes or alterations undertaken as a single project and involving an estimated cost aggregating more than five (5%) percent of the then full insurable value of the Building shall be undertaken until Tenant shall have furnished to Landlord, (i) cash, (ii) a completion bond issued by a bonding company reasonably satisfactory to the Landlord, or (iii) such other security reasonably acceptable to the Landlord, in each case in an amount at least equal to the estimated cost of such changes or alterations.
Section 10.03. In performing any work or repairs to, or restoration, replacement, or rebuilding of, the Building required to be performed by Tenant pursuant to shall be in accordance with applicable codes, laws, rules or regulations and the terms of this Lease, Tenant shall observe and perform, in so far as the nature of such repairs, restoration, replacement, or rebuilding make such observance and performance appropriate, the conditions relating to changes or alterations set forth in this Article.
Section 10.04. Prior to submitting to the appropriate governmental agency any approved plans and drawings for Governmental Approvalsspecifications, Tenant shall submit to Landlord said plans and drawings ("Proposed Specifications"). Landlord shall have a period the right at any time during the pendency of fifteen such work to inspect the Premises and the manner of construction. Any mechanics lien filed at any time against the Premises, for work claimed to have been performed or for materials claimed to have been furnished to Tenant or Tenant’s contractors or subcontractors, shall be discharged by Tenant within thirty (1530) days either to approve after filing by bonding, payment or to disapprove the Proposed Specifications, any such approval as otherwise provided for herein. Landlord agrees that it will not unreasonably withhold or delay its consent with respect to be withheld alterations or delayedimprovements proposed by Tenant. If As to any alteration to which Landlord does not approve the Proposed Specificationshas consented, Landlord shall return not have the Proposed Specifications right to Tenant and notify Tenant require the removal of any reasonable changes it desires to the Proposed Specifications. In that event, Tenant shall modify alteration or restoration of the Proposed Specifications in accordance with Premises unless such removal or restoration was made an express condition of Landlord's requirements and shall return them as modified to Landlord within the following ten (10) days. All changes to the Proposed Specifications, whether required by any governmental agency having jurisdiction over the Demised Premises or as otherwise made during the term of this Lease, shall also be submitted to Landlord for its review and approval as provided hereinaboveconsent.
Section 10.05. Promptly upon the completion of all alterations, additions, changes or improvements performed by Tenant at the Demised Premises, Tenant shall deliver to Landlord a Certificate of Occupancy, the Certificate of Fire Underwriters and all other certificates and approvals of any other appropriate governmental or supervisory agency having jurisdiction thereof, certifying the proper completion of such work in accordance with all applicable laws, rules and regulations. In addition, upon completion of any and all such work Tenant shall promptly deliver to Landlord a set of "as built" plans and specifications.
Section 10.06. All permanent installations affixed to the Demised Premises at any time, either by Tenant or by Landlord on behalf of Tenant, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the Demised Premises unless Landlord, by written notice to Tenant no later than twenty (20) days prior to the Expiration Date, elects to have them removed by Tenant, in which event the same shall be removed by Tenant at Tenant's expense prior to the Expiration Date. Nothing in this Article shall be construed to give Landlord title to or prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such equipment from the Demised Premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the Demised Premises to the condition existing prior to such installation and shall repair any damage to the Demised Premises or the Building due to such removal.
Section 10.07. Tenant shall pay to Landlord on demand, as additional rent, a supervisory fee of 10% of the cost of any alterations, additions, changes or improvements made to the Demised Premises other than decorations, painting and other non-structural activities aggregating less than $35,000. Tenant shall also pay to Landlord Landlord's cost for reviewing any plans submitted by Tenant.
Appears in 1 contract
Sources: Lease Agreement (Comtech Telecommunications Corp /De/)
Changes and Alterations. Section 10.01. During the Term of this Lease, the Tenant shall not make any changes alteration or alterations addition to the improvements existing on Premises (collectively, the Demised “Improvements”) that would materially alter the function or exterior appearance of the Premises at without the Occupancy Date except in accordance with this Article.
Section 10.02prior written consent of the Landlord. All changes, alterations, demolition or new construction, structural or otherwise, to the Building other than decorations, painting alterations and other non-structural activities aggregating less than $35,000 shall be subject to Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. All changes, alterations, demolition, or new construction (collectively "changes or alterations") additions shall be made in at the sole cost and expense of the Tenant and shall comply with all cases subject to of the following conditionsfollowing:
A. (a) The change or alteration shall not materially impair the value or structural integrity of the Improvements.
(b) The change or alteration shall be for a use which is permitted hereunder.
(c) No changes change, alteration or alterations addition shall be undertaken until Tenant shall have procured obtained and paid for, so far as the same may be required from time to time, all municipal and other governmental required permits and authorizations of the various municipal any federal, state or local government or departments and governmental or subdivisions of any of them, having jurisdiction. Landlord shall, at Tenant's sole cost and expense, except as otherwise provided herein, join in the application for such permits or authorizations whenever such action is necessary.
B. (d) Any structural changes change, alteration or alterations, or any changes or alterations undertaken as a single project and involving an estimated cost aggregating more than five (5%) percent of the then full insurable value of the Building (other than decorations, painting and other non-structural activities aggregating less than $35,000), addition shall be conducted under the supervision of an architect or engineer licensed as such in the State (who may be an employee of Tenant or its managing agent) selected by Tenant, and no such work shall be undertaken until preliminary plans and outline specifications and budget estimates therefor, prepared and approved in writing by such architect or engineer stating that in the opinion of such architect or engineer, the same shall comply with this Article, shall have been submitted to Landlord.
C. All changes or alterations shall be of such a character that, when completed, the economic value of the Building shall be not less than the value of the Building immediately prior to any such changes or alterations.
D. All work done in connection with any changes or alterations shall be done made in a good and workmanlike manner and in compliance accordance with all applicable building and zoning laws permits and all other applicable lawsApplicable Laws.
(e) During the period of initial construction of the Improvements or the construction of any change, ordinancesalteration or addition in, orders to or of, the Improvements, new construction or any restoration, City shall comply with the insurance requirements set forth in Article VIII, which policy or policies by endorsement thereto, if not then covered, shall also insure any change, alteration or addition or new construction, including all materials and requirements equipment incorporated in, on or about the Improvements or the Property
(f) Prior to commencement of all federalany construction, statechange, and municipal governments and the appropriate departments, commissions, boards, and officers thereof; the Demised Premises shall at all times be free of liens for labor and materials supplied alteration or claims to have been supplied, and repair Tenant shall obtain lien waivers from all contractors upon deliver to City not later than ten (10) business days written notice of the completion proposed work and a general description of their activities at the Premises; and the proposed work. Such work shall not proceed until Landlord has approved (which approval shall not be prosecuted with reasonable dispatch, unavoidable delays excepted.unreasonably withheld or delayed) in writing:
E. Worker's compensation insurance covering all persons employed in connection therewith (i) Tenant’s contractor;
(ii) The amount and with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant, or the Demised Premises and general coverage of public liability and property damage insurance (which may be effected insurance, with Landlord named as an additional insured, carried by endorsement, if obtainable, on the insurance required to be carried pursuant to Article 4 for the mutual benefit of Landlord and Tenant with limits of not less than those required to be carried pursuant to Section 4.07A shall be maintained by Tenant at all times when any work is in process in connection with any changes or alterations.Tenant’s contractor;
F. No changes or alterations undertaken as a single project and involving an estimated cost aggregating more than five (5%) percent of the then full insurable value of the Building shall be undertaken until Tenant shall have furnished to Landlord, (i) cash, (ii) a completion bond issued by a bonding company reasonably satisfactory to the Landlord, or (iii) such other security reasonably acceptable to the Landlord, in each case in an amount at least equal to the estimated cost of such changes or alterations.
Section 10.03. In performing any work or repairs to, or restoration, replacement, or rebuilding of, the Building required to be performed by Tenant pursuant to the terms of this Lease, Tenant shall observe Complete and perform, in so far as the nature of such repairs, restoration, replacement, or rebuilding make such observance and performance appropriate, the conditions relating to changes or alterations set forth in this Article.
Section 10.04. Prior to submitting to the appropriate governmental agency any detailed plans and drawings specifications for Governmental Approvalssuch work, Tenant shall submit to Landlord said plans and drawings and;
("Proposed Specifications"). Landlord shall have a period of fifteen (15iv) days either to approve or to disapprove A schedule for the Proposed Specifications, any such approval not unreasonably to be withheld or delayed. If Landlord does not approve the Proposed Specifications, Landlord shall return the Proposed Specifications to Tenant and notify Tenant of any reasonable changes it desires to the Proposed Specifications. In that event, Tenant shall modify the Proposed Specifications in accordance with Landlord's requirements and shall return them as modified to Landlord within the following ten (10) days. All changes to the Proposed Specifications, whether required by any governmental agency having jurisdiction over the Demised Premises or as otherwise made during the term of this Lease, shall also be submitted to Landlord for its review and approval as provided hereinabovework.
Section 10.05. Promptly upon the completion of all alterations, additions, changes or improvements performed by Tenant at the Demised Premises, Tenant shall deliver to Landlord a Certificate of Occupancy, the Certificate of Fire Underwriters and all other certificates and approvals of any other appropriate governmental or supervisory agency having jurisdiction thereof, certifying the proper completion of such work in accordance with all applicable laws, rules and regulations. In addition, upon completion of any and all such work Tenant shall promptly deliver to Landlord a set of "as built" plans and specifications.
Section 10.06. All permanent installations affixed to the Demised Premises at any time, either by Tenant or by Landlord on behalf of Tenant, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the Demised Premises unless Landlord, by written notice to Tenant no later than twenty (20) days prior to the Expiration Date, elects to have them removed by Tenant, in which event the same shall be removed by Tenant at Tenant's expense prior to the Expiration Date. Nothing in this Article shall be construed to give Landlord title to or prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such equipment from the Demised Premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the Demised Premises to the condition existing prior to such installation and shall repair any damage to the Demised Premises or the Building due to such removal.
Section 10.07. Tenant shall pay to Landlord on demand, as additional rent, a supervisory fee of 10% of the cost of any alterations, additions, changes or improvements made to the Demised Premises other than decorations, painting and other non-structural activities aggregating less than $35,000. Tenant shall also pay to Landlord Landlord's cost for reviewing any plans submitted by Tenant.
Appears in 1 contract
Sources: Sublease Agreement