Changes to the Premises. a. The Lessor undertakes to make all of the changes and to carry out all of the work on the Premises that is detailed in the annex that is attached to this Agreement as Annex D through a third party no later than the beginning of the Lease Period (hereinafter, the “Work”). Notwithstanding any other provisions of this Agreement, it is agreed that a delay of up to two weeks in performing the Work shall not be deemed a breach of this Agreement and shall not entitle the Lessee to any cure and/or remedy and the Lessee shall have no complaint to the Lessor due to such a delay. In the event of such a delay, the commencement of the Lease Period shall be delayed accordingly. The Lessor shall bear the cost of the Work up to $240 per square meter plus value added tax. The entire cost of performing the work beyond the amount of $240 per square meter plus value added tax (hereinafter, the “Remaining Work”) shall fall upon and be paid by the Lessee immediately upon demand therefor by the third party and subject to the third party’s consent to perform the Remaining Work. If the third party does not consent to perform the Remaining Work, or if the Lessee does not pay the aforesaid amount to the third party, the third party shall be exempt from performing the Remaining Work, and the Premises shall be deemed to have been accepted by the Lessee as it was supposed to be at the delivery date, and from that time onwards, the Lessee shall be obligated to keep all of this Agreement’s provisions that apply from the date that possession is delivered. For the avoidance of doubt, it is hereby clarified that in any event in which the Work is not completed when the Lease Period is scheduled to begin, that is on 1 July 2006, due to an act and/or omission of the Lessee, the Premises shall be deemed to be accepted by the Lessee in the condition in which it was to be on the date that possession is delivered, that is on 1 July 2006, and from that time onwards the Lessee shall be obligated to keep all of this Agreement’s provisions that apply from the date of delivery of possession, that is from 1 July 2006. b. The Lessee undertakes not to make any changes and/or additions and/or construction work of any type and kind in the Premises without receiving prior written permission from the Lessor. The Lessor shall be entitled to refuse the Lessee permission to carry out the changes on reasonable grounds, and the Lessee shall not have any complaint and/or claim against the Lessor as a result thereof. c. In the event that the Lessor confirmed in writing to the Lessee that certain changes to the Premises could be made, all of the expenses that are involved in performing the work and/or changes shall fall solely upon the Lessee and it shall also be responsible to obtain each building permit in each event in which there is a need therefor. The Lessee shall not carry out any change and/or work that is connected with the issuance of a building permit from any competent authority unless the Lessee legally obtained a permit and subject to the prior written approval of the Lessor. d. The Lessee shall pay any fee, tax or imposition that is involved in obtaining any building permit in any event in which there is a need for one in order to carry out the work set forth in clauses b and c above, and shall be solely liable for all of the work that is carried out, and shall insure its employees and/or agents at its own expense against any damage and/or loss they may incur during and/or following from and/or as a result of performing the work, and it shall take out third party insurance against any damage and/or loss that are liable to occur to the Lessor and/or to the Premises and/or to any third party. The Lessee shall see to it that the insurance policies shall include the Lessor as an additional insured without a right of subrogation and without the Lessor having any obligation to pay insurance premiums. The Lessee shall not be entitled to perform any work or changes before the foregoing insurance in this Section is arranged and before a copy of this policy is presented to the Lessor. e. Any change made by the Lessee not in accordance with this Agreement shall be deemed a fundamental breach of this Agreement that shall grant to the Lessor all of the remedies that it has under any law and under the Agreement, including the right to demand the immediate vacating of the Premises or to instruct the Lessee to demolish the work and changes, and in that case, the Lessee shall be required to demolish the said work and/or changes at its expense and to carry out all that is required to return the Premises to their previous state within seven days of the date that the Lessor demands that it do so. Without derogating from the Lessee’s obligation to do so, in the event that the Lessee does not return the Premises to their previous state, the Lessor shall be entitled — but not obligated — to do so for the Lessee’s account and in that event the Lessee undertakes to immediately refund to the Lessor upon its first demand all of the expenses that it incurs in doing so, together with default interest at the highest rate in effect at Bank Leumi l’Israel for Shekel-denominated current loan accounts, all from the date of payment of any amount by the Lessor and until its actual receipt by the Lessee to the Lessor, and everything and this being without derogating from the other rights that the Lessee has in its possession under this Agreement and/or any law. f. Similarly, any change that is made in the Premises, including a change with respect to which the Lessor has consented, shall be deemed to be the Lessor’s property without the Lessor being obligated to pay for it, unless the Lessor demands that the Lessee return the Premises to its previous state, in which case the Lessee must do so at its expense by the date fixed for vacating the Premises. The Lessor shall have the right to return the Premises to their previous state on the Lessee’s account, and the Lessee undertakes to immediately refund to the Lessor upon its first demand all of the expenses that it incurs in doing so, together with default interest at the highest rate in effect at Bank Leumi l’Israel for Shekel-denominated current loan accounts, all from the date of payment of any amount by the Lessor and until its actual receipt by the Lessee to the Lessor, and everything and this being without derogating from the other rights that the Lessee has in its possession under this Agreement and/or any law. g. The Lessee shall pay Rent to the Lessor for the entire period that is fixed in this Agreement even if it is ejected from the Premises before the end of the said period following a breach of this Section. h. The Lessee shall pay Rent to the Lessor based upon the calculation set forth in this Agreement even if the Lease Period ends during the period that is required to return the Premises to their previous state.
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Sources: Lease Agreement (Optium Corp)
Changes to the Premises. a. The Lessor undertakes lessee agrees not to make all changes to the leased premises without the prior written consent of the changes lessor. In such case, when applying for approval, the lessee will provide plans and to carry out all an accurate description of the desired changes to the lessor. A refusal by the lessor requires no motivation. The consent may be conditional. The lessor can never be held liable for work on done by the Premises that is detailed in lessee, nor for the annex that is attached to this Agreement as Annex D through a third party no later than changes he implemented, even if the beginning of the Lease Period (hereinafterlessor approved these. The case prevailing, the “Work”). Notwithstanding any other provisions of this Agreement, it is agreed that a delay of up to two weeks in performing lessee will side with the Work shall not be deemed a breach of this Agreement lessor and shall not entitle the Lessee to any cure and/or remedy and the Lessee shall have no complaint to the Lessor due to such a delay. In the event of such a delay, the commencement of the Lease Period shall be delayed accordingly. The Lessor shall bear the cost of the Work up to $240 per square meter plus value added tax. The entire cost of performing the work beyond the amount of $240 per square meter plus value added tax (hereinafter, the “Remaining Work”) shall fall upon and be paid safeguard him against all recourse by the Lessee immediately upon demand therefor by the third party and subject to the third party’s consent to perform the Remaining Work. If the third party does not consent to perform the Remaining Work, parties resulting from said changes or if the Lessee does not pay the aforesaid amount to the third party, the third party shall be exempt from performing the Remaining Work, and the Premises shall be deemed to have been accepted by the Lessee as it was supposed to be at the delivery date, and from that time onwards, the Lessee shall be obligated to keep all of this Agreement’s provisions that apply from the date that possession is deliveredwork. For the avoidance implementation of doubt, it is hereby clarified that in any event in which the Work is not completed when the Lease Period is scheduled to begin, that is on 1 July 2006, due to an act and/or omission of the Lessee, the Premises shall be deemed to be accepted by the Lessee in the condition in which it was to be on the date that possession is delivered, that is on 1 July 2006, and from that time onwards the Lessee shall be obligated to keep all of this Agreement’s provisions that apply from the date of delivery of possession, that is from 1 July 2006.
b. The Lessee undertakes not to make any changes and/or additions and/or construction work of any type and kind in the Premises without receiving prior written permission from the Lessor. The Lessor shall be entitled to refuse the Lessee permission to carry out the changes on reasonable grounds, and the Lessee shall not have any complaint and/or claim against the Lessor as a result thereof.
c. In the event that the Lessor confirmed in writing to the Lessee that certain changes to the Premises could be made, all of the expenses that are involved in performing the work and/or changes shall fall solely upon changes, the Lessee lessee must observe and it shall also be responsible to obtain each building permit in each event in which there is a need thereforrespect the prevailing rules and regulations and specifically the building’s permits and licenses, regulations on construction work, as well as the safety measures imposed by the insurer and the fire department. The Lessee shall not carry out any change and/or work lessor may require that is connected the lessee, for said work, provide adequate insurance to cover liability claims against both lessee and lessor. Should the environmental permit [’milieuvergunning’] require so, the lessee will, in due time, submit a plan1 of the movements of the company’s staff and visitors. Should the Law of July 4, 1996, on the well being of workers, updated by the Royal Decree of January 25, 2001, require so, the lessee will appoint a health and safety coordinator. He will check compliance with the issuance post-intervention dossier2 and provide a copy thereof to the building manager. All costs resulting from the organization or adaptation of a building permit from any competent authority unless the Lessee legally obtained a permit premises in order to comply with legal, administrative, professional or other requirements, particularly urban planning- and subject workers’ safety requirements pertaining to lessee’s use of the premises or his activities, shall be borne by the lessee, without recourse against the lessor. Upon completion of each organization or adaptation of the premises, the lessee will provide the lessor the “as-built” plans of the works, including the electrical wiring, the location of walls, lowered ceilings, lighting and technical installations, and when applicable, the minutes [’proces verbaal’ in Dutch] drafted upon delivery and mandatory periodical inspections. As for the walls:
a) If the rented premises have walls, they cannot be moved, altered, replaced or changed, no matter how, without the prior written approval consent of the Lessor.
d. The Lessee shall pay any feelessor, tax or imposition that is involved in obtaining any building permit in any event in which there is a need for one in order to carry out all at the work set forth in clauses b and c above, and shall be solely liable for all expense of the work that lessee;
b) if the rented premises do not have walls, the lessee, at his expense, is carried out, and shall insure its employees and/or agents at its own expense against any damage and/or loss they may incur during and/or following from and/or as a result of performing only allowed to place some with the work, and it shall take out third party insurance against any damage and/or loss that are liable to occur to the Lessor and/or to the Premises and/or to any third party. The Lessee shall see to it that the insurance policies shall include the Lessor as an additional insured without a right of subrogation and without the Lessor having any obligation to pay insurance premiums. The Lessee shall not be entitled to perform any work or changes before the foregoing insurance in this Section is arranged and before a copy of this policy is presented to the Lessor.
e. Any change made by the Lessee not in accordance with this Agreement shall be deemed a fundamental breach of this Agreement that shall grant to the Lessor all prior written consent of the remedies that it has under any law and under the Agreement, including the right to demand the immediate vacating of the Premises or to instruct the Lessee to demolish the work and changes, and in that case, the Lessee shall be required to demolish the said work and/or changes at its expense and to carry out all that is required to return the Premises to their previous state within seven days of the date that the Lessor demands that it do so. Without derogating from the Lessee’s obligation to do so, in the event that the Lessee does not return the Premises to their previous state, the Lessor shall be entitled — but not obligated — to do so for the Lessee’s account and in that event the Lessee undertakes to immediately refund to the Lessor upon its first demand all of the expenses that it incurs in doing so, together with default interest at the highest rate in effect at Bank Leumi l’Israel for Shekel-denominated current loan accounts, all from the date of payment of any amount by the Lessor and until its actual receipt by the Lessee to the Lessor, and everything and this being without derogating from the other rights that the Lessee has in its possession under this Agreement and/or any law.
f. Similarly, any change that is made in the Premises, including a change with respect to which the Lessor has consented, shall be deemed to be the Lessor’s property without the Lessor being obligated to pay for it, unless the Lessor demands that the Lessee return the Premises to its previous state, in which case the Lessee must do so at its expense by the date fixed for vacating the Premises. The Lessor shall have the right to return the Premises to their previous state on the Lessee’s account, and the Lessee undertakes to immediately refund to the Lessor upon its first demand all of the expenses that it incurs in doing so, together with default interest at the highest rate in effect at Bank Leumi l’Israel for Shekel-denominated current loan accounts, all from the date of payment of any amount by the Lessor and until its actual receipt by the Lessee to the Lessor, and everything and this being without derogating from the other rights that the Lessee has in its possession under this Agreement and/or any law.
g. The Lessee shall pay Rent to the Lessor for the entire period that is fixed in this Agreement even if it is ejected from the Premises before the end of the said period following a breach of this Section.
h. The Lessee shall pay Rent to the Lessor based upon the calculation set forth in this Agreement even if the Lease Period ends during the period that is required to return the Premises to their previous state.lessor;
Appears in 1 contract
Changes to the Premises. a. The Lessor undertakes to make all of the changes and to carry out all of the work on the Premises that is detailed in the annex that is attached to this Agreement as Annex D through a third party no later than the beginning of the Lease Period (hereinafter, the “Work”). Notwithstanding any other provisions of this Agreement, it is agreed that a delay of up to two weeks in performing the Work shall not be deemed a breach of this Agreement and shall not entitle the Lessee to any cure and/or remedy and the Lessee shall have no complaint to the Lessor due to such a delay. In the event of such a delay, the commencement of the Lease Period shall be delayed accordingly. The Lessor shall bear the cost of the Work up to $240 per square meter plus value added tax. The entire cost of performing the work beyond the amount of $240 per square meter plus value added tax (hereinafter, the “Remaining Work”) shall fall upon and be paid by the Lessee immediately upon demand therefor by the third party and subject to the third party’s consent to perform the Remaining Work. If the third party does not consent to perform the Remaining Work, or if the Lessee does not pay the aforesaid amount to the third party, the third party shall be exempt from performing the Remaining Work, and the Premises shall be deemed to have been accepted by the Lessee as it was supposed to be at the delivery date, and from that time onwards, the Lessee shall be obligated to keep all of this Agreement’s provisions that apply from the date that possession is delivered. For the avoidance of doubt, it is Tenant hereby clarified that in any event in which the Work is not completed when the Lease Period is scheduled to begin, that is on 1 July 2006, due to an act and/or omission of the Lessee, the Premises shall be deemed to be accepted by the Lessee in the condition in which it was to be on the date that possession is delivered, that is on 1 July 2006, and from that time onwards the Lessee shall be obligated to keep all of this Agreement’s provisions that apply from the date of delivery of possession, that is from 1 July 2006.
b. The Lessee undertakes not to make any changes and/or additions and/or construction work of any type and kind in the Premises without receiving prior written permission from the Lessor. The Lessor shall be entitled to refuse the Lessee permission to carry out the changes on reasonable grounds, and the Lessee shall not have any complaint and/or claim against the Lessor as a result thereof.
c. In the event that the Lessor confirmed in writing to the Lessee that certain material changes to the Premises could be made, all structure of the expenses that are involved in performing the work and/or premises, whether beneficial or detrimental and not to make any other changes shall fall solely upon the Lessee and it shall also be responsible to obtain each building permit in each event in which there is a need therefor. The Lessee shall not carry out any change and/or work that is connected with the issuance of a building permit from any competent authority unless the Lessee legally obtained a permit and subject to the prior premises without obtaining the Landlord’s written approval consent thereto in advance. For the sake of the Lessor.
d. The Lessee shall pay removing any fee, tax or imposition that doubts it is involved in obtaining any building permit in any event in which there is a need for one in order to carry out the work set forth in clauses b hereby clarified and c above, and shall be solely liable for all of the work that is carried out, and shall insure its employees and/or agents at its own expense against any damage and/or loss they may incur during and/or following from and/or as a result of performing the work, and it shall take out third party insurance against any damage and/or loss that are liable to occur to the Lessor and/or to the Premises and/or to any third party. The Lessee shall see to it agreed that the insurance policies shall include the Lessor as an additional insured without a right of subrogation and without the Lessor having any obligation to pay insurance premiums. The Lessee shall Tenant will not be entitled to perform make any work or changes before the foregoing insurance in this Section is arranged and before a copy of this policy is presented to the Lessor.
e. Any change made external walls of the premises structure and/or the walls bordering other premises belonging to other tenants in the areas included in the “building” nor will the Tenant be entitled to make any other changes to the shell and/or construction columns of the premises. The Tenant hereby undertakes to exclusively and absolutely assume payment of all the expenses, without any exceptions, involved in carrying out the “Tenant’s work” as define in Section 9(a) above that are carried out, if carried out by the Lessee not in accordance with this Agreement shall be deemed a fundamental breach of this Agreement that shall grant to the Lessor all of the remedies that it has under any law and under the Agreement, including the right to demand the immediate vacating of the Premises or to instruct the Lessee to demolish the work and changes, and in that case, the Lessee shall be required to demolish the said work and/or changes at its expense and to carry out all that is required to return the Premises to their previous state within seven days of the date that the Lessor demands that it do so. Without derogating from the Lessee’s obligation to do so, Tenant in the event that the Lessee does not return the Premises to their previous statepremises (above and below – “The Work”), the Lessor shall be entitled — but not obligated — to do so for the Lessee’s account and in that event the Lessee undertakes to immediately refund to the Lessor upon its first demand all also including payment of the expenses that it incurs expends for the purpose of hiring architects, consultants and the various types of sub-contractors and this – in doing soorder to adjust the premises to the purpose of conducting the Tenant’s business in accordance with the purpose of the lease and the rest of the terms of this contract. Additionally, together with default interest at the highest rate in effect at Bank Leumi l’Israel for Shekel-denominated current loan accountsit is hereby agreed that this “work” will be done, all from the date of payment of any amount if done by the Lessor Tenant, in accordance with the requirements of all laws pertaining to the performance thereof and until the Tenant will be exclusively and completely liable for any act, omission, damage and/or expense associated thereto. The Landlord on its actual receipt part hereby gives its consent to carrying out the “Tenant’s work” and/or the “work” by the Lessee Tenant. It is hereby clarified and agreed that subject to the Lessorprovisions of the beginning of Section 19(a) above the Landlord will not refuse unless on reasonable grounds to be reasoned by it, and everything and this being without derogating from to the other rights that the Lessee has in its possession under this Agreement and/or any law.
f. Similarly, any change that is made Tenant making internal changes in the Premises, including a change with respect to which the Lessor has consented, shall be deemed to be the Lessor’s property without the Lessor being obligated to pay for it, unless the Lessor demands that the Lessee return the Premises to its previous state, in which case the Lessee must do so at its expense by the date fixed for vacating the Premisespremises. The Lessor shall have the right to return the Premises to their previous state on the Lessee’s account, and the Lessee undertakes to immediately refund to the Lessor upon its first demand all of the expenses that it incurs in doing so, together with default interest at the highest rate in effect at Bank Leumi l’Israel for Shekel-denominated current loan accounts, all from the date of payment of any amount by the Lessor and until its actual receipt by the Lessee to the Lessor, and everything and this being without derogating from the other rights that the Lessee has in its possession under this Agreement and/or any law.
g. The Lessee shall pay Rent to the Lessor for the entire period that is fixed in this Agreement even if it is ejected from the Premises before At the end of the said period following a breach lease subject-matter of this Section.
h. The Lessee shall pay Rent contract all the “work” and/or “Tenant’s work” above as well as any changes, improvements and extensions done to the Lessor based upon structure of the calculation set forth in this Agreement even if premises by the Lease Period ends during Tenant with the period that is required to return the Premises to their previous state.Landlord’s permission as well as the
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