Improvements and Alterations. All improvements in and to the Premises, including any Alterations (defined in Section 9.03) (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, removes any Required Removables (as hereinafter defined), in compliance with the National Electric Code or other applicable Law. Landlord, by written notice to Tenant at least thirty (30) days prior to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Lease, Tenant shall have an obligation to remove the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by law.
Appears in 2 contracts
Sources: Commercial Lease Agreement, Commercial Lease Agreement (Video Display Corp)
Improvements and Alterations. All (a) Except as expressly set forth herein, Tenant represents that it is accepting the Premises in “AS IS, WHERE IS” condition, with no improvements in whatsoever to be done to the Premises by Landlord. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible, at its sole cost and expense, for furnishing the Premises with furniture, fixtures and equipment necessary or desirable for Tenant to operate its business from the Premises.
(i) Except as otherwise expressly set forth herein, Tenant shall not make any alterations, additions or improvements (“Alterations”) without the prior written consent of Landlord. Any such Alterations (except Tenant’s Property) shall (1) at once become a part of the realty and belong to Landlord, and (2) be made by Tenant, at Tenant’s sole cost and expense. To the extent Landlord’s written approval of any Alterations expressly requires removal of the same upon the expiration or termination of this Lease, upon such termination or expiration Tenant shall upon demand by Landlord, at Tenant’s sole cost and expense, forthwith remove such Alterations. Tenant shall not be required to remove any Alterations permitted to be made without Landlord consent.
(ii) Notwithstanding the provisions of Section 8(b)(i) or (c) to the contrary, ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to non-material, nonstructural interior Alterations to the Premises and Landlord will not unreasonably withhold its consent to any material non-structural or structural interior Alterations to the Premises, including provided notice is first given in writing by Tenant to Landlord. For purposes of this Section 8(b), demising walls, but not interior office walls, are deemed structural. For purposes of this Section 8(b), “material” shall mean any Alterations which (defined a) cost more than $100,000 per Alteration or more than $350,000 in total per annum, and/or (b) which involves the fire or life safety systems, Building management systems, roofing, HVAC, security, mechanical, plumbing, gas, electrical or any other Building system.
(iii) Landlord acknowledges that Tenant’s furniture, trade fixtures, business equipment, personalty and other Tenant Property shall not be deemed alterations, additions or improvements which become Landlord’s property pursuant to Section 9.038(b).
(c) Any repairs made pursuant to Section 7(b) hereof or Alterations and improvements made pursuant to this Section 8 by ▇▇▇▇▇▇ as required and permitted hereunder shall be made and performed (collectivelyi) in accordance with all applicable rules and regulations of Landlord and governmental authorities having jurisdiction, “Leasehold Improvements”and (ii) in a reasonable fashion to minimize noise, litter and/or odors resulting therefrom. Further, other than with respect to Alterations permitted without Landlord consent, any repairs made pursuant to Section 7(b) hereof or Alterations and improvements made pursuant to this Section 8 by Tenant as required and permitted hereunder shall remain upon be made and performed (i) in the Premises case of new construction in keeping with plans and specifications theretofore having been approved in advance by Landlord, (ii) using mechanics and contractors having been approved by Landlord which approval shall not be unreasonably withheld (provided, that Landlord shall not require Tenant to use contractors which are affiliated with Landlord or which are not competitive on a cost or quality basis); provided, however, that Landlord, at Tenant’s sole cost and expense (as approved in advance by Tenant prior to Landlord starting the end work), shall do all such work affecting the structural portions of the Term without compensation to Tenant, provided that Tenant, at its expense, removes any Required Removables (as hereinafter defined), in compliance with Building and the National Electric Code or other applicable Lawmechanical and electrical systems thereof. Landlord, by written notice to Tenant at least thirty (30) days prior to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in shall reimburse Landlord for Landlord’s reasonable judgmentcosts of third party review of ▇▇▇▇▇▇’s proposed structural alterations or those to the mechanical or electrical systems.
(d) ▇▇▇▇▇▇ expects, are of a nature that would require removal and repair costs that are materially in excess on or around December 31, 2015, to take occupancy of the removal Premises and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Lease, Tenant shall have an obligation to remove the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal substantially complete a buildout of the same as contemplated eighth floor of the Premises in accordance with plans and specifications which have been approved by the immediately preceding sentenceLandlord, subject to delays caused by Landlord or its property manager and delays due to force majeure events. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt estimated cost of Tenant’s request, Landlord shall advise Tenant in writing as to which portions buildout of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by lawentire Premises is [***].
Appears in 2 contracts
Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Improvements and Alterations. All improvements in and The Tenant shall not make any alterations or repairs to the Leased Premises, including or any Alterations (defined in Section 9.03) (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end other part of the Term Building, or wires, pipes or other services to be run into the Building without compensation first obtaining the written consent of the Landlord, which consent shall not be unreasonably withheld or delayed. Any amounts owing under the terms of this Article shall be payable on demand as additional rent. However in the event that the Landlord shall grant permission to the Tenant to execute the said work for its own account (which permission shall be reasonably determined by the Landlord), then the said work shall be subject to the following conditions:
(i) Tenant shall furnish to Landlord plans and specifications showing in reasonably complete detail the work proposed to be carried out and the estimated cost thereof and Landlord shall approve or reject such plans and specifications within fifteen (15) days after receipt of the same. If such plans and specifications are approved, all work shall be carried out in compliance therewith.
(ii) The value of the Leased Premises shall not, as a result of any work proposed to be carried out by Tenant, provided that Tenant, at its expense, removes any Required Removables be less than the value of the Leased Premises before the commencement of such work and Landlord shall be the sole judge of such value.
(as hereinafter defined), iii) All work shall be carried out with reasonable dispatch and in a good workmanlike manner and in compliance with all applicable permits, authorizations and building and zoning by-laws and with all regulations and requirements of all competent authorities having jurisdiction over the National Electric Code or other applicable Law. Landlord, by written notice to Tenant Leased Premises.
(iv) The Leased Premises and the Building shall at least thirty all times be free of all legal hypothecs (30construction) days prior to and any charges whatsoever.
(v) If the Expiration Date, may require Tenant, at its expense, to remove cost of any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially work shall be in excess of Five thousand dollars ($5,000.00) as reasonably estimated by Tenant, Landlord may require Tenant to furnish security satisfactory to Landlord guaranteeing the removal completion of the work and repair costs associated the payment of the cost thereof free and clear of all privileges and charges of any nature whatsoever.
(vi) Tenant shall maintain Workmen’s Compensation insurance covering all persons employed in connection with standard office improvements (the work and shall produce evidence of such items collectively are referred insurance to Landlord and shall also maintain such general liability insurance for the protection of Landlord and Tenant as “Required Removables”)Landlord may require. Required Removables All work whether executed by the Landlord or the Tenant, whether structural or not, when completed, shall includebe comprised in, without limitation, Tenant’s personal property and merchandise, interior form part of the Leased Premises and exterior signage, internal stairways, raised floors, personal baths shall be subject to all the provisions of this Lease and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything Tenant shall not have any right to claim compensation therefore. At the contrary in expiration of this Lease, Tenant shall have an obligation be required to remove repair any damage to the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. Tenant shall repair damage Leased Premises caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove removing any of its personal property or merchandiseproperty, without the express written approval of Landlord, reasonable wear and Landlord shall have all rights therein as are then available to Landlord by lawtear and casualty damage excepted.
Appears in 1 contract
Improvements and Alterations. All improvements in (a) The Tenant shall not have the right to execute any changes, alterations, additions, erections, leasehold improvements, repairs and installations to the Leased Premises (hereinafter the "Work"), unless it has obtained Landlord's prior written consent, which will not be unreasonably withheld or delayed. In the event Landlord consents to such Work, then Tenant undertakes to conform to the conditions stipulated hereunder.
(i) All Work shall be carried out with reasonable dispatch and in a good workmanlike manner and in compliance with all applicable permits, authorizations, building and zoning by-laws and with all regulations and requirements of all competent authorities having jurisdiction over the Leased Premises;
(ii) The Property shall at all times be free of all pledges, including registered privileges and any Alterations other encumbrances;
(defined iii) If the cost of any Work shall be in Section 9.03excess of five thousand dollars ($5,000.00) (collectivelyas reasonably estimated by Landlord, “Leasehold Improvements”) [ILLEGIBLE] covering all persons employed in connection with the Work and shall remain produce evidence of such insurance to Landlord and Tenant shall also maintain such general liability insurance for the protection of Landlord and Tenant upon the Premises at the end terms Landlord may reasonably require, as well as contractor's protective liability insurance. Tenant shall further comply with all of the Term without compensation stipulations of the Article entitled "CSST" (Commission de la Sante et de la Securite au Travail du Quebec);
(v) The Tenant shall promptly pay for all materials supplied and work done in respect of the Leased Premises in order to Tenantensure that no privilege is registered against any portion of the Property. If a privilege is registered or filed, provided that Tenant, the Tenant shall forthwith discharge it at its expense, removes any Required Removables (as hereinafter defined), in compliance with failing which the National Electric Code or other applicable Law. Landlord, by written notice to Tenant at least thirty (30) days prior to the Expiration Date, may require TenantLandlord may, at its expenseoption, discharge the same by paying the amount claimed to remove be due into court or directly to any Alterations thatsuch privilege claimant and the amount so paid and all expenses of the Landlord including any judicial and extrajudicial costs and attorney's fees incurred by the Landlord shall be paid by the Tenant to the Landlord within five (5) days after demand. It is agreed and understood that no Work by or on behalf of Tenant shall be permitted which, in Landlord’s 's reasonable judgmentjudgement, are of a nature that would require removal and repair costs that are materially in excess may weaken or endanger the structure or adversely affect the condition or operation of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to Leased Premises and/or the contrary in this Lease, Tenant shall have an obligation to remove Property or diminish the Required Removables specifically enumerated in this sentence upon the expiration value thereof or earlier termination of this Lease whether restrict or not Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval reduce Landlord's coverage for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by lawinsurance purposes.
Appears in 1 contract
Improvements and Alterations. All improvements in and to Tenant shall have the Premises, including any Alterations (defined in Section 9.03) (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that Tenantright, at its sole cost and expense, removes to make changes or alterations to the premises; provided, however, that in all cases any Required Removables (as hereinafter defined)such changes or alterations shall be made subject to the following conditions, which ▇▇▇▇▇▇ agrees to observe and perform:
a. Tenant shall make no alterations in compliance with or additions to the National Electric Code or other applicable Law. premises without first obtaining the written consent of Landlord, by written notice to Tenant which consent shall not be unreasonably withheld; and ▇▇▇▇▇▇ shall notify Landlord at least ten (10) business days in advance of any alterations in or additions to the premises which ▇▇▇▇▇▇ proposes to make. Tenant shall post notice pursuant to the Colorado Mechanics Lien Act so that any lien recorded against the property of which the premises are a part does not attach to Landlord’s interest.
b. If Landlord permits persons requested by Tenant to perform any alterations, repairs, modifications or additions to the premises, then prior to the commencement of any such work, Tenant shall deliver to Landlord certificates issued by insurance companies qualified to do business in Colorado evidencing that workers’ compensation insurance, public liability insurance and property damage insurance, all in amounts, with companies and on forms satisfactory to Landlord, are in force and maintained by all such contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured and shall provide that the same may not be canceled or modified without thirty (30) days prior to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Lease, Tenant shall have an obligation to remove the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination of this Lease whether or not Landlord delivers written notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables Landlord.
c. All such alterations, additions or improvements shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work made at Tenant’s expense. Tenantsole cost and expense and, except for the furniture and trade fixtures or except as otherwise provided herein, shall become the property of Landlord and shall be surrendered with the premises, as a part thereof, at the time it requests approval for end of the term hereof. Landlord and Tenant agree to walk through the premises on a proposed Alterationdate which is not more than forty- five (45) days prior to the end of the term, to examine the improvements and alterations made by Tenant in the premises. Landlord may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within within ten (10) days after receipt such examination of the premises by written notice to Tenant require Tenant to remove all or any part of the improvements or alterations installed by Tenant and to repair any damage to the premises resulting from such removal. Tenant shall construct such improvements or alterations in conformance with any and all applicable rules and regulations of any federal, state, or municipal code or ordinance. At least ten (10) days before the commencement of any such work, ▇▇▇▇▇▇ agrees to provide Landlord with lien waivers from all persons performing such work and materialmen providing materials used in connection therewith, which waivers may be conditioned upon payment.
d. Tenant shall, at Tenant’s requestsole cost and expense, Landlord shall advise Tenant in writing as be responsible for any alterations, modifications or improvements to which portions the premises, and the acquisition of any auxiliary aids, required under Title III of the Alteration are Required Removables. If Americans With Disabilities Act (“ADA”), including all alterations, modifications, or improvements required: (i) as a Default has occurred and remains uncured at result of Tenant being a “Public Accommodation” (as defined in the Expiration DateADA); (ii) as a result of the premises being a “Commercial Facility” (as defined in the ADA); (iii) as a result of any leasehold improvements made to the premises by, or on behalf of, Tenant shall (whether or not be entitled Landlord’s consent to remove such leasehold improvements was obtained); or (iv) as a result of the employment by Tenant of any of its personal property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by lawindividual with a disability.
Appears in 1 contract
Sources: Lease Agreement
Improvements and Alterations. All improvements in (a) Landlord covenants that it shall deliver sole and to the Premises, including any Alterations (defined in Section 9.03) (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end vacant possession of the Term without compensation Property to Tenant, provided that Tenant, at its expense, removes any Required Removables (as hereinafter defined), free and clear of all tenancies and parties in compliance with the National Electric Code or other applicable Law. Landlord, by written notice to Tenant at least thirty (30) days prior to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Lease, Tenant shall have an obligation to remove the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within possession within ten (10) days after receipt Tenant notifies Landlord that all conditions precedent of this Lease have been satisfied. In the event Landlord fails to deliver vacant possession to Tenant on a timely basis, Tenant’s request, Landlord at its option, may take such action as may be necessary to obtain such vacant possession and the costs therefor shall advise be deducted from Tenant's Rent, or Tenant in writing as to which portions may terminate this Lease and thereafter the parties shall be released from further liability and this Lease shall be null, void and of no effect.
(b) After delivery of Vacant Possession, Tenant shall be responsible, at Tenant's expense, for the renovation of the Alteration are Required Removables. If a Default has occurred 3 story portion of the existing building and remains uncured at demolition and removal of the Expiration one story addition to that building and/or other improvements on the Property (including pavement, if any) in accordance and in compliance with all local, state and federal building, demolition, environmental codes, laws and ordinances and the site plan approval by Landlord on , 2015.
(c) From and after the Effective Date, Tenant shall have the right from time to time to construct a building and/or other improvements upon the Property and to alter, renovate, add, remodel, modify, or change the building and/or other improvements upon the Property as Tenant may deem desirable and in accordance with Landlords ordinances. Specifically, Tenant may only demolish the one-story building upon the Property. The three-story building shall not be entitled demolished but will be substantially renovated and rehabbed in accordance with the rehabilitation standards for historic rehabilitation tax credits. The building and/or other improvements upon the Property shall be and remain the property of Tenant during the Term and any Extensions of the Lease. Tenant shall not remove the building or other improvements upon the Property and after the expiration of such period shall be deemed to remove any of its personal property or merchandisebe an abandonment thereof, without whereby title shall become vested in the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by law.
Appears in 1 contract
Sources: Ground Lease
Improvements and Alterations. All (a) Landlord shall deliver the Premises to Tenant, and Tenant agrees to accept the Premises from Landlord in its existing “AS-IS”, “WHERE-IS” and “WITH ALL FAULTS” condition, and Landlord shall have no obligation to refurbish or otherwise improve the Premises throughout the Lease Term; provided, however, and notwithstanding the foregoing to the contrary, Landlord’s sole construction obligation under this Lease is set forth in the Work Letter attached hereto as Exhibit B.
(b) Any alterations, additions, or improvements in made by or on behalf of Tenant to the Premises (“Alterations”) shall be subject to Landlord’s prior written consent. Notwithstanding anything herein to the contrary, Tenant, may, without Landlord’s prior consent, but with prior written notice to Landlord and to provided that Tenant complies with all Building rules and regulations affecting Alterations, install cosmetic, non-structural Alterations which do not affect the HVAC, plumbing or electrical systems of the Building, which are not visible from the exterior of the Premises, including which do not require the issuance of a permit, and which cost $25,000 or less in any calendar year. Tenant shall cause, at its sole cost and expense, all Alterations to comply with insurance requirements and with Laws and shall construct, at its sole cost and expense, any alteration or modification required by Laws as a result of any Alterations. All Alterations shall be constructed at Tenant’s sole cost and expense and in a good and workmanlike manner by contractors reasonably acceptable to Landlord and only good grades of materials shall be used. All plans and specifications for any Alterations shall be submitted to Landlord for its approval. Landlord may monitor construction of the Alterations. Tenant shall reimburse Landlord for all out-of-pocket sums, if any, paid by Landlord for third party examination of Tenant’s plans and specifications for any Alterations. In addition, Tenant shall be obligated to pay Landlord a coordination fee equal to four percent (defined 4%) of the actual costs of any of such Alterations, which coordination fee shall be paid to Landlord promptly following the completion of the construction of the Alterations. Landlord’s right to review plans and specifications and to monitor construction shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or construction comply with applicable laws, codes, rules and regulations. Without limiting the other grounds upon which Landlord may refuse to approve any contractor or subcontractor, Landlord may take into account the desirability of maintaining harmonious labor relations at the Project. Landlord may also require that all life safety related work and all mechanical, electrical, plumbing and roof related work be performed by contractors designated by Landlord. Landlord shall have the right, in Section 9.03its sole discretion, to instruct Tenant to remove those improvements or Alterations from the Premises which (i) were not approved in advance by Landlord, (collectivelyii) were not built in conformance with the plans and specifications approved by Landlord, “Leasehold Improvements”or (iii) shall remain Landlord specified during its review of plans and specifications for Alterations would need to be removed by Tenant upon the Premises expiration of this Lease. Except as set forth in the preceding sentence, Tenant shall not be obligated to remove such Alterations at the end expiration of this Lease. Landlord shall not unreasonably withhold or delay its approval with respect to what improvements or Alterations Landlord may require Tenant to remove at the expiration of the Term without compensation Lease. If, upon the termination of this Lease, Landlord requires Tenant to Tenantremove any or all of such Alterations from the Premises, provided that then Tenant, at its Tenant’s sole cost and expense, removes any Required Removables (shall promptly remove such Alterations and improvements and Tenant shall repair and restore the Premises to its original condition as hereinafter defined)of the Commencement Date, reasonable wear and tear excepted. Any Alterations remaining in compliance the Premises following the expiration of the Lease Term or following the surrender of the Premises from Tenant to Landlord, shall become the property of Landlord unless Landlord notifies Tenant otherwise. Tenant shall provide Landlord with the National Electric Code identities and mailing addresses of all persons performing work or other applicable Law. Landlordsupplying materials, by written notice to Tenant at least thirty (30) days prior to beginning such construction, and Landlord may post on and about the Expiration Date, may require Tenant, at its expense, Premises and record any notices of non-responsibility pursuant to remove applicable law. Tenant shall assure payment for the completion of all work free and clear of liens and shall provide certificates of insurance for worker’s compensation and other coverage in amounts and from an insurance company reasonably satisfactory to Landlord protecting Landlord against liability for bodily injury or property damage during construction. Upon completion of any Alterations that, in and upon Landlord’s reasonable judgmentrequest, Tenant shall deliver to Landlord sworn statements setting forth the names of all contractors and subcontractors who did work on the Alterations and final lien waivers from all such contractors and subcontractors. Tenant shall pay to Landlord, as additional rent, the reasonable costs of Landlord’s engineers and other consultants (but not Landlord’s on-site management personnel) for review of all plans, specifications and working drawings for the Alterations and for the incorporation of such Alterations in the Landlord’s master Building drawings, within ten (10) business days after Tenant’s receipt of invoices either from Landlord or such consultants together with (in any event) an administrative charge of ten percent (10%) of the actual costs of such work. In addition to such costs, Tenant shall pay to Landlord, within ten (10) business days after completion of any Alterations, the actual, reasonable costs incurred by Landlord for services rendered by Landlord’s management personnel and engineers to coordinate and/or supervise any of the Alterations to the extent such services are of a nature that would require removal and repair costs that are materially provided in excess of or after the removal normal on-site hours of such engineers and repair costs associated with standard office improvements management personnel.
(c) Tenant shall keep the Premises, the Building and the Project free from any and all liens arising out of any Alterations, work performed, materials furnished, or obligations incurred by or for Tenant. In the event that Tenant shall not, within ten (10) days following the imposition of any such items collectively are referred lien, cause the same to be released of record by payment or posting of a bond in a form and issued by a surety acceptable to Landlord, Landlord shall have the right, but not the obligation, to cause such lien to be released by such means as “Required Removables”it shall deem proper (including payment of or defense against the claim giving rise to such lien). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary ; in this Leasesuch case, Tenant shall have an obligation to remove reimburse Landlord for all amounts so paid by Landlord in connection therewith, together with all of Landlord’s costs and expenses, with interest thereon at the Required Removables specifically enumerated Default Rate (defined below) and Tenant shall indemnify and defend each and all of the Landlord Indemnitees (defined below) against any damages, losses or costs arising out of any such claim. Tenant’s indemnification of Landlord contained in this sentence upon Paragraph shall survive the expiration or earlier termination of this Lease whether or not Lease. Such rights of Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date in addition to all other remedies provided herein or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by law.
(d) NOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES.
Appears in 1 contract
Sources: Office Lease (Inuvo, Inc.)
Improvements and Alterations. All (a) Landlord shall deliver the Premises to Tenant, and ▇▇▇▇▇▇ agrees to accept the Premises from Landlord in its existing “AS-IS”, “WHERE-IS” and “WITH ALL FAULTS” condition, and Landlord shall have no obligation to refurbish or otherwise improve the Premises throughout the Lease Term.
(b) Any alterations, additions, or improvements in and made by or on behalf of Tenant to the Premises, including any Alterations Premises (defined in Section 9.03) (collectively, “Leasehold ImprovementsAlterations”) shall remain upon the Premises at the end of the Term without compensation be subject to Tenant, provided that TenantLandlord’s prior written consent. Tenant shall cause, at its sole cost and expense, removes any Required Removables (as hereinafter defined), in compliance all Alterations to comply with the National Electric Code or other applicable Law. Landlord, by written notice to Tenant at least thirty (30) days prior to the Expiration Date, may require Tenantinsurance requirements and with Laws and shall construct, at its sole cost and expense, any alteration or modification required by Laws as a result of any Alterations. All Alterations shall be constructed at Tenant’s sole cost and expense and in a good and workmanlike manner by contractors reasonably acceptable to remove Landlord and only good grades of materials shall be used. All plans and specifications for any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess shall be submitted to Landlord for its approval. Landlord may monitor construction of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”)Alterations. Required Removables Tenant shall includereimburse Landlord for all out-of-pocket sums, without limitationif any, paid by Landlord for third party examination of Tenant’s personal property plans and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Leasespecifications for any Alterations. In addition, Tenant shall be obligated to pay Landlord a coordination fee equal to ten percent (10%) of the actual costs of any of such Alterations, which coordination fee shall be paid to Landlord promptly following the completion of the construction of the Alterations. Landlord’s right to review plans and specifications and to monitor construction shall be solely for its own benefit, and Landlord shall have an obligation no duty to see that such plans and specifications or construction comply with applicable laws, codes, rules and regulations. Without limiting the other grounds upon which ▇▇▇▇▇▇▇▇ may refuse to approve any contractor or subcontractor, Landlord may take into account the desirability of maintaining harmonious labor relations at the Project. Landlord may also require that all life safety related work and all mechanical, electrical, plumbing and roof related work be performed by contractors designated by Landlord. Landlord shall have the right, in its sole discretion, to instruct Tenant to remove those improvements or Alterations from the Required Removables specifically enumerated Premises which (i) were not approved in this sentence upon advance by Landlord, (ii) were not built in conformance with the expiration plans and specifications approved by Landlord, or earlier termination (iii) Landlord specified during its review of this Lease whether or not Landlord delivers notice plans and specifications for Alterations would need to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before upon the Expiration Date expiration of this Lease. Except as set forth in the preceding sentence, Tenant shall not be obligated to remove such Alterations at the expiration of this Lease. Landlord shall not unreasonably withhold or earlier delay its approval with respect to what improvements or Alterations Landlord may require Tenant to remove at the expiration of the Lease. If, upon the termination of this Lease, Landlord requires Tenant to remove any or all of such Alterations from the Premises, then Tenant, at Tenant’s sole cost and expense, shall promptly remove such Alterations and improvements and Tenant shall repair and restore the Premises to its original condition as of the Commencement Date, reasonable wear and tear excepted. Any Alterations remaining in the Premises following the expiration of the Lease Term or following the surrender of the Premises from Tenant to Landlord, shall become the property of Landlord unless Landlord notifies Tenant otherwise. Tenant shall repair damage caused by provide Landlord with the installation identities and mailing addresses of all persons performing work or removal of Required Removables. If Tenant fails supplying materials, prior to perform its obligations in a timely mannerbeginning such construction, and Landlord may perform post on and about the Premises and record any notices of non-responsibility pursuant to applicable law. Tenant shall assure payment for the completion of all work free and clear of liens and shall provide certificates of insurance for worker’s compensation and other coverage in amounts and from an insurance company reasonably satisfactory to Landlord protecting Landlord against liability for bodily injury or property damage during construction. Upon completion of any Alterations and upon Landlord’s reasonable request, Tenant shall deliver to Landlord sworn statements setting forth the names of all contractors and subcontractors who did work on the Alterations and final lien waivers from all such contractors and subcontractors. Tenant shall pay to Landlord, as additional rent, the reasonable costs of Landlord’s engineers and other consultants (but not Landlord’s on-site management personnel) for review of all plans, specifications and working drawings for the Alterations and for the incorporation of such Alterations in the Landlord’s master Building drawings, within ten (10) business days after ▇▇▇▇▇▇’s receipt of invoices either from Landlord or such consultants together with (in any event) an administrative charge of ten percent (10%) of the actual costs of such work. In addition to such costs, Tenant shall pay to Landlord, within ten (10) business days after completion of any Alterations, the actual, reasonable costs incurred by Landlord for services rendered by ▇▇▇▇▇▇▇▇’s management personnel and engineers to coordinate and/or supervise any of the Alterations to the extent such services are provided in excess of or after the normal on-site hours of such engineers and management personnel.
(c) Tenant shall keep the Premises, the Building and the Project free from any and all liens arising out of any Alterations, work at performed, materials furnished, or obligations incurred by or for Tenant’s expense. TenantIn the event that Tenant shall not, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within within ten (10) days after receipt following the imposition of Tenant’s requestany such lien, cause the same to be released of record by payment or posting of a bond in a form and issued by a surety acceptable to Landlord, Landlord shall advise Tenant have the right, but not the obligation, to cause such lien to be released by such means as it shall deem proper (including payment of or defense against the claim giving rise to such lien); in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Datesuch case, Tenant shall not be entitled to remove any of its personal property or merchandisereimburse Landlord for all amounts so paid by Landlord in connection therewith, without the express written approval together with all of Landlord’s costs and expenses, with interest thereon at the Default Rate (defined below) and Landlord Tenant shall have indemnify and defend each and all rights therein as are then available to Landlord by law.of the
Appears in 1 contract
Sources: Office Lease (Hippo Holdings Inc.)
Improvements and Alterations. All improvements in and to the Premises9.1.1 Tenant, including its employees, agents, licensees, or contractors shall not make or install any Alterations (defined in Section 9.03) alterations, improvements, additions, or fixtures (collectively, “Leasehold Improvements”) that affect the exterior or interior of the Premises or any structural, mechanical, or electrical component of the Premises, or ▇▇▇▇, paint, drill, or in any way deface any floors, walls, ceilings, partitions, or any wood, stone, or iron work, without Landlord’s consent, which shall not be unreasonably withheld, conditioned or delayed. No construction or installation pursuant to this Section 9.1.1 shall be commenced by Tenant until Landlord has granted approval. All Improvements to the Premises will be at Tenant’s option (subject to Landlord’s consent as provided in this Section 9.1.1) and at Tenant’s sole cost other as provided in Section 9.3 below. Tenant shall indemnify and defend Landlord for all liens, claims, or damages caused by such Improvements by Tenant. In no event shall Landlord's consent be required for any refurbishment of the Premises by Tenant (including, but not limited to, recarpeting, repainting or similar cosmetic alterations) or for any single nonstructural alteration project costing less than Twenty Thousand Dollars ($20,000.00) or for the installation or removal of decorations.
9.1.2 Tenant shall give Landlord not less than ten (10) business days’ advanced written notice of the date of commencement of any construction work on the Premises so that Landlord can post notices of nonresponsibility.
9.1.3 Any and all Improvements effected by Tenant shall be constructed, installed or performed in a professional workmanlike manner, by licensed contractors retained by Tenant, in compliance with all applicable Laws, and Tenant or Tenant’s contractors shall obtain all permits and approvals of government agencies required by applicable Laws in connection therewith.
9.1.4 All Improvements (except Tenant’s trade fixtures) that may be made or installed upon Premises by either Landlord or Tenant and that in any manner are attached to the floors, walls, or ceilings, shall be the property of Landlord, and, at the termination of this Lease, shall remain upon and be surrendered with the Premises as a part of the Premises, without disturbance or injury unless Landlord, by written notice provided to Tenant at the time Landlord approves of such Improvements (which notice Landlord shall be obligated to provide at such time), requires same to be removed or returned to their original condition prior to the Improvements. Tenant shall repair any damage to the Premises occasioned by the removal of its trade fixtures. If Landlord notifies Tenant in writing at the time that it gives its consent to any Improvements requested by Tenant that Tenant must remove such Improvements or restore the Premises to its original condition at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, removes any Required Removables (as hereinafter defined), in compliance with the National Electric Code or other applicable Law. Landlord, by written notice to Tenant at least thirty (30) days prior to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this LeaseTerm, Tenant shall have an obligation to remove and/or restore the Required Removables specifically enumerated in this sentence same, at Tenant’s expense, upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. , and Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely mannershall, Landlord may perform such work forthwith and with all due diligence at Tenant’s expense. Tenantsole cost and expense remove such Improvements, at restore the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as Premises to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlordtheir original condition, and Landlord shall have all rights therein as are then available repair any damage to Landlord the Premises or Building caused by lawsuch removal or restoration.
Appears in 1 contract
Sources: Office Lease (Zendesk, Inc.)
Improvements and Alterations. All improvements in Tenant shall be required to lease from Landlord and Landlord shall be required to lease to Tenant the Second Must-Take Space. The Second Must-Take Deli very Date shall be delayed to the Premisesextent that Landlord fails to deliver possession of the Second Must-Take Space for any reason, including but not limited to, holding over by prior occupants. Any such delay in the Second Must-Take Delivery Date shall not subject Landlord to any Alterations liability for any loss or damage resulting therefrom. The Second Must-Take Space shall become a part of the Premises and the terms and conditions of the Lease, shall apply to the Second Must-Take Space, provided, however, that, subject to the remaining terms and conditions of this Section 35.1, Tenant’s obligation to pay Base Rent and Tenant’s Percentage Share of Escalation Rent with respect to the Second Must-Take Space shall commence on the date that is one-hundred fifty-seven (157) days following the Second Must-Take Effective Date (as defined in Section 9.0335.2 below) [such one hundred fifty seven (collectively, 157) day period being referred to herein as the “Leasehold Improvements”) Second Must-Take Space Construction Period’’. The Second Must-Take Space Construction Period shall remain upon the Premises at the end of the Term without compensation to Tenant, provided be extended on a day-for-day basis for each day that Tenant, at its expense, removes any Required Removables (as hereinafter defined)’s construction of Tenant Improvements in the Second Must-Take Space is delayed by Landlord Delay. Notwithstanding the foregoing, in compliance with the National Electric Code event Tenant occupies or other applicable Law. Landlordcommences its business operation in the Second Must-Take Space, by written notice to Tenant at least thirty (30) days including prior to the Expiration Second Must-Take Effective Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property obligation to pay Base Rent and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything Tenant’s Percentage Share of Escalation Rent with respect to the contrary in this Lease, Tenant Second Must-Take Space shall have an obligation to remove commence on the Required Removables specifically enumerated in this sentence upon earlier of: (i) the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal date of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt commencement of Tenant’s requestbusiness operations in the Second Must-Take Space and in such event the Second Must-Take Space Construction Period shall be deemed to have expired as of such date, Landlord shall advise Tenant in writing as to which portions and (ii) the expiration of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by lawSecond Must-Take Space Construction Period.
Appears in 1 contract
Sources: Office Lease (Stitch Fix, Inc.)
Improvements and Alterations. All improvements in and The Tenant shall not make any alterations or repairs to the Leased Premises, including or any Alterations (defined in Section 9.03) (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end other part of the Term Building, or wires, pipes or other services to be run into the Building without compensation first obtaining the written consent of the Landlord, which consent shall not be unreasonably withheld or delayed. Any amounts owing under the terms of this Article shall be payable on demand as additional rent. However in the event that the Landlord shall grant permission to the Tenant to execute the said work for its own account (which permission shall be reasonably determined by the Landlord), then the said work shall be subject to the following conditions:
(i) Tenant shall furnish to Landlord plans and specifications showing in reasonably complete detail the work proposed to be carried out and the estimated cost thereof and Landlord shall approve or reject such plans and specifications within fifteen (15) days after receipt of the same. If such plans and specifications are approved, all work shall be carried out in compliance therewith.
(ii) The value of the Leased Premises shall not, as a result of any work proposed to be carried out by Tenant, provided that Tenant, at its expense, removes any Required Removables be less than the value of the Leased Premises before the commencement of such work and Landlord shall be the sole judge of such value.
(as hereinafter defined), iii) All work shall be carried out with reasonable dispatch and in a good workmanlike manner and in compliance with all applicable permits, authorizations and building and zoning by-laws and with all regulations and requirements of all competent authorities having jurisdiction over the National Electric Code or other applicable Law. Landlord, by written notice to Tenant Leased Premises.
(iv) The Leased Premises and the Building shall at least thirty all times be free of all legal hypothecs (30construction) days prior to and any charges whatsoever.
(v) If the Expiration Date, may require Tenant, at its expense, to remove cost of any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially work shall be in excess of Five thousand dollars ($5,000.00) as reasonably estimated by Tenant, Landlord may require Tenant to furnish security satisfactory to Landlord guaranteeing the removal completion of the work and repair costs associated the payment of the cost thereof free and clear of all privileges and charges of any nature whatsoever.
(vi) Tenant shall maintain Workmen's Compensation insurance covering all persons employed in connection with standard office improvements (the work and shall produce evidence of such items collectively are referred insurance to Landlord and shall also maintain such general liability insurance for the protection of Landlord and Tenant as “Required Removables”)Landlord may require. Required Removables All work whether executed by the Landlord or the Tenant, whether structural or not, when completed, shall includebe comprised in, without limitation, Tenant’s personal property and merchandise, interior form part of the Leased Premises and exterior signage, internal stairways, raised floors, personal baths shall be subject to all the provisions of this Lease and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything Tenant shall not have any right to claim compensation therefore. At the contrary in expiration of this Lease, Tenant shall have an obligation be required to remove repair any damage to the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. Tenant shall repair damage Leased Premises caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove removing any of its personal property or merchandiseproperty, without the express written approval of Landlord, reasonable wear and Landlord shall have all rights therein as are then available to Landlord by lawtear and casualty damage excepted.
Appears in 1 contract
Sources: Lease Agreement (CDW Holding Corp)
Improvements and Alterations. All improvements in and to the Premises, including any Alterations (defined in Section 9.03) (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, removes any Required Removables (as hereinafter defined), in compliance with the National Electric Code or other applicable Law. Landlord, by written notice to Tenant at least thirty (30) days prior to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Lease, Tenant TENANT shall have an obligation to remove the Required Removables specifically enumerated in this sentence upon right during the expiration or earlier termination continuance of this Lease whether to make improvements and alterations on the Leased Premises as may be proper and necessary for the conduct of TENANT'S business; provided, however, that TENANT obtains the written consent of LANDLORD for any alterations or improvements, which consent will not Landlord delivers notice to Tenant requiring removal be unreasonably withheld. At the sole option of LANDLORD, any such improvements and alterations shall become the same as contemplated by property of LANDLORD at the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. Tenant If LANDLORD elects not to take such improvements, TENANT agrees to restore the premises to their condition at the time of the beginning of this Lease. Except as otherwise provided, furnishings and trade fixtures installed on the Leased Premises by TENANT and paid for by TENANT, including, without limitation, any cranes and crane ways and any other fixtures installed by TENANT (other than the capitalized equipment shown on Schedule A which shall deemed to be the property of LANDLORD) shall remain the property of TENANT and may be removed upon the termination of this Lease, provided: a) that any of such as are fixed to the Leased Premises and require severance may be removed only if TENANT shall repair any damage caused by such removal to restore the installation or removal of Required Removables. If Tenant fails to perform its obligations Leased Premises in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at substantially the time it requests approval for a proposed Alteration, may request in writing same condition as that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10when rented; and b) days after receipt of Tenant’s request, Landlord that TENANT shall advise Tenant in writing as to which portions have fully performed all of the Alteration are Required Removablescovenants and agreements to be performed under the provisions of this Lease. If It is further agreed that TENANT shall return the Leased Premises in as good a Default has occurred condition as that on the initial date of the term of the lease including repainting, repairing and remains uncured at cleaning up of the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by lawLeased Premises.
Appears in 1 contract
Sources: Lease Agreement (Modtech Inc)
Improvements and Alterations. A. Except as otherwise provided in Article 8 of this Lease, CAC shall not make any alterations to the building and improvements on the Premises. Approval of the repairs or replacements described in Article 8 may be conditioned upon the receipt by CITY of a set of plans and specifications for the alterations no later than 30 days prior to the scheduled construction of the alterations. CAC will indemnify, defend and hold harmless CITY for all liens, claims, or damages caused by remodeling, improvements, additions, alterations, and major repairs. CITY agrees, when requested by CAC, to execute and deliver any applications, consents, or other instruments required to permit CAC to do this work or to obtain permits for the work; provided, that CITY retains all rights in its governmental capacity to review and approve or deny or conditionally approve such permits.
B. All alterations and improvements in made to the Premises shall become the property of CITY and shall remain on and be surrendered with the Premises at the expiration or sooner termination of this Lease, including any renewals or extensions.
C. At least 10 days before any construction commences or materials are delivered for any repairs, replacements, alterations or improvements CAC is making to the Premises, including any Alterations (defined CAC shall give written notice to CITY as to when the construction is to commence or the materials are to be delivered. CITY shall then have the right to protect CITY and CITY’s interest in Section 9.03) (collectivelymaking the repairs, “Leasehold Improvements”) replacements, alterations or improvements; provided, that it shall remain upon be CAC’s duty to keep the Premises free and clear of all liens, claims, and demands for work performed, materials furnished, or operations conducted on the Premises at the end request of CAC.
D. CAC will not at any time permit any mechanics’, laborers', or material men’s liens to stand against the Premises for any labor or material furnished to CAC or claimed to have been furnished to CAC or CAC’s agents, contractors, or sub-contractors, in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction or sufferance of CAC; provided, that CAC shall have the right to contest the validity or amount of any lien or claimed lien, upon giving to CITY a letter executed by CAC assuring the lien or claimed lien will be paid, when and to the extent that the lien is finally determined to be valid and owing. CAC’s right, however, to contest any lien shall not extend beyond the point where CITY's title to the Premises could be lost. On final determination of the Term without compensation lien or claim of lien, CAC will immediately pay any final judgment rendered, with all property costs and charges, and shall have the lien released or judgment satisfied at CAC’s own expense. If CAC fails to Tenantpay the judgment promptly or otherwise fails to prevent any sale, provided that Tenantforeclosure, at its expenseor forfeiture of the Premises because of a lien, removes any Required Removables (as hereinafter defined)then CITY shall have the right, in compliance with the National Electric Code or other applicable Law. Landlord, by upon five-days’ written notice to Tenant at least thirty (30) days prior to the Expiration Date, may require Tenant, at its expenseCAC, to remove any Alterations thatpay or prevent that action, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Lease, Tenant shall have an obligation to remove the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same as contemplated amount paid by the immediately preceding sentence. The Required Removables CITY shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails immediately due and payable to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by lawCITY.
Appears in 1 contract
Sources: Lease Agreement
Improvements and Alterations. All 7.1 Initial improvements in and to the Premises, including any Alterations Premises (defined in Section 9.03) (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, removes any Required Removables (as hereinafter defined), in compliance with the National Electric Code or other applicable Law. Landlord, by written notice to Tenant at least thirty (30) days prior to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall includeincluding, without limitation, Tenant’s personal property the ATM) shall be governed by the provisions of Exhibit “C” attached hereto and merchandise, interior hereby made a part hereof (the “Work Agreement”) and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything the other provisions of this Lease not in conflict therewith.
7.2 After completion of the initial improvements to the contrary Premises referred to in this LeaseSection 7.1 above, Tenant shall have an obligation not, without the prior written consent of Landlord, not to remove be unreasonably withheld, make or permit to be made any alterations, additions or improvements in, on or to the Required Removables specifically enumerated Premises or the Project or any part thereof, except for interior, nonstructural alterations to the Premises not exceeding Ten Thousand Dollars ($10,000) in this sentence upon cumulative costs per job (inclusive of all costs for work being performed by various contractors at or about the expiration same time). Notwithstanding any contrary provision herein, Tenant shall not, in any event, make any alterations, additions or earlier termination of this Lease whether improvements which affect structural portions, mechanical, electrical, plumbing or not Landlord delivers notice to Tenant requiring removal fire sprinkler systems of the same as contemplated Building or which are visible from the exterior of the Premises or which interfere with or disrupt other tenants in the Building or with any work then being carried out therein by the immediately preceding sentenceLandlord or its contractors. The Required Removables Any alterations, additions or improvements desired by Tenant shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work made at Tenant’s expensesole cost and expense in compliance with Section 9 below and in accordance with plans and specifications, and pursuant to governmental permits, reasonably approved in advance by Landlord. Any contractor selected by Tenant to make same must be bondable and licensed and be reasonably approved in advance by Landlord and must provide insurance coverage acceptable to Landlord. Such work shall be performed by union labor if required by applicable laws. At Landlord’s option, any alterations, additions or improvements desired by Tenant which Landlord has consented to shall be made by Landlord (or its contractors) for Tenant’s account, at and Tenant shall pay the time it requests approval cost thereof to Landlord prior to Landlord’s contracting for such work; provided, however, that the bid obtained by Landlord shall not exceed the lowest bona fide bid, from a proposed Alterationcontractor reasonably satisfactory to Landlord, may request in writing that theretofore obtained by Tenant and communicated to Landlord. Upon completion of any alterations, additions or improvements, Tenant shall furnish to Landlord advise Tenant whether the Alteration is a Required Removable. Within set of “as built” plans and specifications therefor, and, within ten (10) days after receipt such completion, Tenant shall cause an appropriate notice of completion to be duly recorded. Tenant shall cause all such alterations, additions and improvements to be completed in a good, workmanlike, diligent, prompt and expeditious manner in compliance with all applicable laws. Landlord’s approval of Tenant’s request, plans and specifications shall not constitute a representation or warranty of Landlord shall advise Tenant in writing as to which portions the adequacy thereof or compliance thereof with applicable laws. Tenant shall pay to Landlord, in addition to reasonable out-of-pocket costs incurred by Landlord, a fee equal to the greater of $250 or ten percent (10%) of the Alteration are Required Removablestotal cost of the subject work for reviewing Tenant’s plans and specifications and Landlord’s coordination, scheduling and review of the subject work, regardless of whether Landlord or Tenant contracts for such work, and supervision and coordination by Landlord of Tenant’s contractors, not to exceed $2,500 per week while work being performed is supervised by Landlord; provided, that such supervision fee shall be waived if Tenant uses Landlord’s then designated general contractor(s). If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled obligated to remove any of its personal property or merchandiseuse union labor (other than Air-Tec, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by law’s HVAC contractor) for alterations costing less than $1,000,000.00.
Appears in 1 contract
Improvements and Alterations. All Without the prior written consent of Landlord, Tenant shall not make or permit to be made any alterations, additions or improvements in and in, on or to the PremisesPremises or the Project or any part thereof. Tenant shall provide Landlord with at least ten (10) days prior notice of commencement of alterations, including additions or improvements so that Landlord can post notices of nonresponsibility. Notwithstanding any Alterations (defined contrary provisions herein, Tenant shall not, in Section 9.03) (collectivelyany event, “Leasehold Improvements”) shall remain upon make any alterations, additional or improvements which affect structural portions of the Building or Building systems or which are visible from the exterior of the Premises or which interfere with or disrupt other tenants in the Building or with any work then being carried out therein by Landlord or its contractors. Any alterations, additions or improvements desired by Tenant shall be made at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, removes any Required Removables (as hereinafter defined), 's sole cost and expense in compliance with the National Electric Code or other applicable LawSection 10 below and in accordance with plans and specifications, and pursuant to governmental permits, approved in advance by Landlord. Landlord, Any contractor selected by written notice Tenant to Tenant at least thirty make same must be bondable and licensed and be approved in advance by Landlord and must provide insurance coverage acceptable to Landlord (30) days prior to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall includeincluding, without limitation, a lien-free completion bond). At Landlord's option, any alterations, additions or improvements desired by Tenant shall be made by Landlord (or its contractors) for Tenant’s personal property 's account, and merchandiseTenant shall pay the cost thereof to Landlord prior to Landlord's contracting for such work; provided, interior however, that the bid obtained by Landlord shall not exceed the lowest bona fide bid, from a contractor reasonably satisfactory to Landlord, theretofore obtained by Tenant and exterior signagecommunicated to Landlord. Upon completion of any alterations, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Leaseadditions or improvements, Tenant shall have an obligation furnish to remove the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination Landlord a set of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same "as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely mannerbuilt" plans and specifications therefor, Landlord may perform such work at Tenant’s expense. Tenantand, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Datecompletion, Tenant shall not cause an appropriate notice of completion to be entitled recorded in the Official Records of Orange County, California. Tenant shall cause all such alterations, additions or improvements to remove any of its personal property or merchandisebe completed in good, without the express written workmanlike, diligent, prompt and expeditious manner in compliance with all applicable laws. Landlord's approval of LandlordTenant's plans and specifications shall not constitute a representation or warranty of Landlord as to the adequacy thereof or compliance thereof with applicable laws. With respect to any alterations, and Landlord conditions and/or improvements the cost of which exceeds Fifty Thousand Dollars ($50,000) in the aggregate, Tenant shall have all rights therein as are then available pay to Landlord by lawa fee equal to five percent (5%) of the total cost of the subject work in excess of Fifty Thousand Dollars ($50,000) for reviewing Tenant's plans and specifications and Landlord's coordination, scheduling and review of the subject work, regardless of whether Landlord or Tenant contracts for such work.
Appears in 1 contract
Sources: Office Lease (Ministry Partners Investment Company, LLC)
Improvements and Alterations. All improvements Lessee shall have the right to make at its own expense, subject to the prior written consent of the Lessor, whose consent may not be unreasonably withheld, additions, alterations and changes in and to the PremisesLeased Premises provided however, including any Alterations (defined in Section 9.03) (collectively, “Leasehold Improvements”) that no such work shall remain upon be commenced except with the Premises at the end prior written consent of the Term without compensation to Tenant, provided that Tenant, at its expense, removes any Required Removables (as hereinafter defined), in Lessor and except on compliance with the National Electric Code following conditions:
a) Lessee shall furnish to Lessor plans and specifications showing in reasonable complete detail the work proposed to be carried out and the estimated cost thereof and Lessor shall approve or other applicable Law. Landlord, by written notice to Tenant at least reject such plans and specifications within thirty (30) days prior after receipt of the same. If such plans and specifications are approved, all work shall be carried out in compliance with the same;
b) The value of the Leased Premises shall not, as a result of any work proposed to be carried out by Lessee, be less than the Expiration Datevalue of the Leased Premises before the commencement of such work and Lessor shall be the sole judge of such value;
c) All work shall be carried out with reasonable dispatch and in a good workmanlike manner and in compliance with all applicable permits, authorizations and building and zoning by-laws and with all regulations and requirements of all competent authorities having jurisdiction over the Leased Premises;
d) In all events, Lessee shall be required to use Lessor's mechanical, electrical and plumbing trades for Lessee's mechanical, electrical and plumbing requirements, which shall be coordinated by Lessor at Lessee's expense;
e) The Leased Premises shall at all times be free of all conditional bills of sale, pledges, registered privileges, workmen's and suppliers' liens and other similar liens and charges. Lessor may require Tenant, at its expense, Lessee to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess furnish security satisfactory to Lessor guaranteeing the completion of the removal work and repair costs associated the payment of the cost thereof free and clear of all conditional bills of sale, pledges, privileges, workmen's and suppliers' liens and other similar liens and charges, as well as for the replacement of the Leased Premises to their former state, as specified in clause 21 below;
f) Lessee shall maintain Worker's Compensation insurance covering all persons employed in connection with standard office improvements (the work and shall produce evidence of such items collectively are referred insurance to Lessor and shall also maintain such general liability insurance for the protection of Lessor and Lessee as “Required Removables”). Required Removables Lessor may require.
g) All work, when completed, shall includebe comprised in, without limitation, Tenant’s personal property and merchandise, interior form part of the Leased Premises and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything shall be subject to all the contrary in this Lease, Tenant shall have an obligation to remove the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination provisions of this Lease whether or and Lessee shall not Landlord delivers notice have any right to Tenant requiring removal of claim compensation therefor and the same as contemplated by the immediately preceding sentence. The Required Removables shall not be removed by Tenant before the Expiration Date or earlier Lessee on termination of this Lease. Tenant , unless the Lessor requests that part or all of it be removed, in which case the Lessee shall comply and shall repair any damage related thereto or caused by thereby.
h) Should the installation Lessee, after having obtained written consent from the Lessor, effect changes in the partitions or removal of Required Removables. If Tenant fails otherwise modify the Leased Premises, and accordingly had to perform its obligations in a timely mannerrelocate or modify the heating and, Landlord may perform if applicable, the air conditioning equipment, such work at Tenant’s expense. Tenant, changes and/or modifications would have to be effected at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions sole cost and risk of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by lawLessee.
Appears in 1 contract
Sources: Lease Agreement (Griffith Micro Science International Inc)
Improvements and Alterations. Alterations, installations, additions, and improvements ("Improvements") to the Premises shall be made only upon the written approval of Landlord, which approval shall not be unreasonably withheld. Notwithstanding the foregoing, Landlord's approval shall not be required for (a) any Improvements that are not of a structural nature and that cost less than $10,000 or (b) any rewiring of the building by Tenant for the telecommunications, e-mail, video and other electrical demands it may have. Improvements by Tenant shall be made at Tenant's sole cost and expense and any contractor or person selected by Tenant to make Improvements must first be approved in writing by Landlord. All improvements Improvements, together with all repairs required to be made by Tenant, shall be made in a good and workmanlike manner and in compliance with all governmental requirements and rating bureau recommendations, and shall be performed by competent workmen. Tenant shall obtain all necessary permits from governmental authorities and provide Landlord with copies thereof prior to commencing construction of any Improvements Tenant shall promptly repair any damage and perform any necessary cleanup to the Premises resulting from any Improvements made by Tenant. AU Improvements, temporary or permanent (except trade fixtures, furniture and equipment belonging to Tenant which are removable) in or upon the Premises, including any Alterations (defined in Section 9.03) (collectivelywhether placed there by Tenant or Landlord, “Leasehold Improvements”) shall be Landlord's property and shall remain upon the Premises at (except to the end extent Landlord requires such Improvements to be removed as provided in section 24), all without compensation, allowance or credit to Tenant and shall not constitute Additional Rent or payment in lieu of Base Rent or Additional Rent. Tenant agrees not to create, incur, impose, permit or suffer to exist any lien or other obligation against the Term without compensation Premises or Landlord by reason of any Improvement or any repair or decoration permitted or required to Tenantbe made by Tenant pursuant to this Lease, provided that Tenant, at and Tenant agrees to hold Landlord harmless from and against any such lien claim. At its expense, removes Tenant shall cause to be discharged, within ten days of the filing thereof, any Required Removables (construction lien claim filed against the Premises for work claimed to have been done for, or materials claimed to have been furnished to, or on behalf of Tenant; provided, however, that in the event of a good faith dispute by Tenant as hereinafter defined), in compliance with the National Electric Code or other applicable Law. Landlord, by written notice to Tenant at least thirty (30) days prior to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are validity of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Leaselien, Tenant shall have an obligation the right, in lieu of discharging said lien, to remove the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination of this Lease whether or not furnish Landlord delivers notice within such ten day period, with a bond satisfactory to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlord, and indemnifying Landlord shall have all rights therein as are then available to Landlord against loss by lawreason of any such lien.
Appears in 1 contract
Improvements and Alterations. All improvements (A) Landlord's sole construction obligation under this Lease is as set forth in the Work Letter attached hereto as Exhibit "B-1" and incorporated herein by reference.
(B) Landlord shall have the right at any time to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the Building or Project, and upon giving Tenant reasonable notice thereof, to change the name, number or designation by which the Building or the Project is commonly known, provided such change(s) shall not inhibit Tenant's use within the Premises.
(C) The alterations, including any Alterations (defined in Section 9.03) (collectively, “Leasehold Improvements”) shall remain upon additions or improvements to or of the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, removes or any Required Removables (as hereinafter defined), in compliance with the National Electric Code or other applicable Law. Landlord, by written notice to Tenant at least thirty (30) days prior to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are part thereof referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Lease, Tenant shall have an obligation to remove subparagraph-(6)(C) do not include the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Leaseinitial tenant -improvements. Tenant shall repair damage caused not make or cause to be made any alterations, additions or improvements to or of the Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's prior written consent. Any such alterations, additions or improvements to the Premises consented to by Landlord shall at Landlord's option be made by Landlord for Tenant's account and Tenant shall pay Landlord for the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval costs thereof (including reasonable charge for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within Landlord's overhead) within ten (10) days after receipt of Landlord's statement. All such alterations, additions and improvements shall (without compensation to Tenant’s request) at Landlord's option become Landlord's property (except movable furniture and trade fixtures including computer, telephone, and-power conditioning equipment which have not been permanently fastened to the walls, floors or ceilings or made part of the existing Building's systems) and at the end of the term hereof, shall remain on the Premises unless Landlord elects by notice to Tenant to have Tenant remove same, in which event Tenant shall promptly restore the Premises to their condition prior to the installation of (i) such alterations, additions and improvements, and (ii) equipment of any nature. Further, Landlord shall advise may elect by notice to Tenant in writing as to which portions have Tenant remove not only Tenant's alterations, additions and improvements, but also any items of Tenant's equipment including but not limited to movable furniture, trade fixtures, office equipment and any cafeteria equipment. Any such equipment not removed from the Premises at the end of the Alteration are Required Removablesterm hereof shall at the option of the Landlord become Landlord's property without payment of any consideration therefor. The removal of any such equipment and any alterations, additions and improvements which Landlord elects Tenant to remove will be accomplished by Tenant prior to the expiration of the term of this Lease and if not done, Tenant will be deemed a tenant at sufferance pursuant to Paragraph 26. If a Default has occurred Tenant does not perform such removal, Landlord may remove, destroy, store or otherwise dispose of such alterations, additions, improvements and remains uncured equipment, whether or not Landlord takes title thereto. In addition, Tenant will pay (i) all Landlord's costs of removing, disposing or destroying any such alterations, additions, improvements and equipment whether or not Landlord takes title thereto, that Tenant is supposed to remove, which Tenant does not remove, and (ii) 'Landlord's cost to restore the Premises to their condition prior to the installation of any alterations, additions, improvements and equipment of any nature referred to in subdivision (i) of this sentence. Such costs will include Landlord's fees and expenses in collecting such costs and interest on such costs at the Expiration Date, rate of fourteen (14%) percent per annum. Tenant shall not be entitled will pay to Landlord Landlord's costs of storage of any equipment which Tenant is supposed to remove any of its personal property or merchandisepursuant to this paragraph that Tenant does not remove. Further, without the express written approval of Landlord, Landlord reserves and Landlord shall have all rights therein as are then available right of access to the Premises at any time with prior notice within ninety (90) days prior to any projected termination of this Lease to inspect the Premises to determine alterations, additions, improvements and equipment Landlord by lawdesires Tenant to remove. This right of access is in addition to Landlord's right of access set forth in Paragraph 16 hereof.
Appears in 1 contract
Sources: Lease Agreement (Diva Systems Corp)
Improvements and Alterations. All a. The Tenant agrees not to make any alterations, additions or improvements in and or to the PremisesPremises without obtaining the Landlord's prior written consent and all such work shall be done only by contractors or tradesmen or mechanics approved in writing by the Landlord and at the Tenant's sole expense and at such times and in such manner as the Landlord may approve. In case any alterations, including additions or improvements are made to the Premises by the Tenant, the Tenant shall at the expiration or sooner termination of this Lease restore the Premises to a reasonable state of repair, reason- able wear and tear excepted, or, if the Landlord would prefer that such alterations, additions and improvements shall remain, in which case no compensation shall be allowed to the Tenant for the same, the Landlord may require the Tenant to restore the Premises to such extent as the Landlord may deem expedient although retaining as far as possible the alterations, additions and improvements, without in any Alterations (defined case any compensation to the Tenant therefore;
b. All articles of personal property and all business and trade fixtures, machinery and equipment and furniture owned by the Tenant or installed by the Tenant in Section 9.03) (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end Tenants expense shall remain the property of the Tenant and may be removed by the Tenant at any time during the Term without compensation to Tenantof this Lease, provided that Tenant, the Tenant at its expense, removes own expense shall repair any Required Removables (as hereinafter defined), in compliance with the National Electric Code or other applicable Law. Landlord, by written notice to Tenant at least thirty (30) days prior damage to the Expiration Date, Premises or to the Building caused by such removal or by the original installation. The Landlord may require Tenant, at its expense, the Tenant to remove all or any Alterations that, in Landlord’s reasonable judgment, are part of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Lease, Tenant shall have an obligation to remove the Required Removables specifically enumerated in this sentence upon prop" at the expiration or earlier sooner termination of this Lease whether and such removal shall be done at the Tenant's expense and the Tenant shall at its own expense repair any damage to the Premises or the Building caused by such removal or by the original installation. If the Tenant does not remove its property forthwith after written notice by the Landlord delivers notice to Tenant requiring removal that effect, such property shall, if the Landlord elects, be deemed to become the Landlord's prop" or the Landlord may remove the same at the expense of the same as contemplated Tenant and the cost of such removal and any necessary storage charges shall be paid by the immediately preceding sentenceTenant forthwith to the Landlord on demand. The Required Removables Landlord shall not be removed by responsible for any loss or damage to such prop" because of such removal; and
c. The Tenant before covenants with the Expiration Date or earlier termination of this Lease. Landlord that the Tenant shall repair damage caused promptly pay all charges incurred by the installation Tenant for any work, materials or removal services that may be done, supplied or performed in respect to the Premises and shall forthwith discharge any liens at any time filed against and keep the lands and Building of Required Removables. If which the Premises form a part free from liens and in the event that the Tenant fails to perform its obligations do so, the Landlord may, but shall be under no obligation to, obtain a discharge of any such lien in the name of the Tenant by payment or by giving security and any amount so paid together with all disbursements and costs in respect of such proceedings on a timely manner, solicitor and client basis shall be forthwith due and payable by the Tenant to the Landlord as additional rent. The Tenant shall allow the Landlord to post and keep posted on the Premises any notices that the Landlord may perform such work at Tenant’s expense. Tenant, at desire to post under the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions provisions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property Builders Uien Act or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by lawother legislation.
Appears in 1 contract
Improvements and Alterations. All improvements in and Except to the Premisesextent provided to the ---------------------------- contrary herein, including the Tenant shall take the Premises in their "ASIS" condition. The Tenant shall not make or suffer to be made any Alterations alterations, additions or improvements to or of the Premises or any part thereof, except as expressly provided in this paragraph 10. Tenant may cause such alterations, additions or improvements to be made only upon the following conditions:
(defined a) By a contractor reasonably approved in Section 9.03writing by the Landlord in advance;
(b) (collectivelyTenant submits plans, “Leasehold Improvements”) specifications and cost estimates of such work prepared by a competent architect in accordance with existing building ordinances of federal, state or local laws or orders to the Landlord for the Landlord's approval which Landlord shall not unreasonably withhold. Default by the Tenant in the payment of any sums agreed to be paid by the Tenant to Landlord for or in connection with alterations, additions or improvements to the Premises shall entitle the Landlord to all the same remedies as for nonpayment of Rent hereunder. Any alterations, additions or improvements to or of the Premises shall at once become the property of the Landlord. Movable furniture, equipment and trade fixtures shall remain upon the property of the Tenant. The Landlord shall indicate to the Tenant when Landlord's approval of the above plans and specifications is sought which alterations, additions or improvements made for or by the Tenant will be required to be removed from the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, removes any Required Removables (as hereinafter defined), in compliance with the National Electric Code or other applicable Law. Landlord, by written notice to Tenant at least thirty (30) days prior to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Lease, Tenant shall have an obligation to remove the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. If the Landlord so elects, the Tenant shall repair damage caused restore the Premises to the condition of same prior to the making of such alterations, additions or improvements which are so required to be removed at the termination of this lease; said work of removal and restoration shall be performed, at the Landlord's sole election, either (i) by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed AlterationTenant's sole cost and expense, may request or (ii) by the Landlord at the expense of the Tenant and, in writing that Landlord advise the latter election, the Tenant whether shall pay to the Alteration is a Required RemovableLandlord, promptly upon the Landlord's demand, the amount of the Landlord's reasonable cost of such removal and restoration. Within ten (10) days after receipt Prior to the commencement of Tenant’s requestLandlord' 5 removal and or restoration work, Landlord shall advise submit the cost estimate to Tenant and Tenant shall have the right to reasonably approve such estimate and any amendments thereto. In the event that, as a result of any such alterations, additions or improvements, it shall be necessary for the Landlord to make other improvements (including, but not limited to, upgrading of installations of life safety systems or compliance with standards for handicapped persons) in writing as the Building, whether within or without the Premises, then the Tenant agrees to which portions pay the cost of such other improvements if they are a condition of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Datebuilding permit; provided however, that Tenant shall not be entitled responsible for any costs or improvements (i) made necessary as a result of the failure of Landlord or any occupant of the Building to remove obtain building permits, where required and/or
(ii) to comply with any Laws (a) applicable thePremises as of its personal property or merchandise, without the express written approval date the construction of Landlord, and Tenant's tenant improvements are completed by Landlord and/or (b) applicable to the Building as of the Tenth floor Commencement Date. Landlord shall have all rights therein as be responsible for those costs and improvements that are then available to Landlord by lawnot the responsibility of Tenant.
Appears in 1 contract
Sources: Lease (Genesys Telecommunications Laboratories Inc)
Improvements and Alterations. All improvements in and to the Premises, including any Alterations (defined in Section 9.03a) (collectively, “Leasehold Improvements”) Landlord shall remain upon improve the Premises at using standard Building materials equal to or of better quality than those materials currently used in the end of Premises and finishes in accordance with a space plan being prepared by Treieschmann Dumala Architectural Group (the Term without compensation to Tenant, provided that Tenant, at its expense, removes any Required Removables (as hereinafter defined“Architect”), in compliance with a draft of which is dated October 17, 2018 (the National Electric Code or other applicable Law. Landlord, by written notice to Tenant at least thirty (30) days prior to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required RemovablesSpace Plan”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Lease, Tenant shall have an obligation to remove the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same attached hereto as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Exhibit “B.” Within ten (10) days from the date hereof, Tenant shall submit an updated Space Plan for Landlord’s review and approval, provided however, Tenant shall have no right to request any changes to the Space Plan that would materially alter the exterior appearance or basic nature of the Building or the Building systems. Landlord shall have three (3) business days after receipt of Tenantthe updated Space Plan to review and to give Tenant written notice of Landlord’s requestapproval of the updated Space Plan or its requested changes thereto. If Landlord requests any changes to the updated Space Plan, then Tenant shall make those changes and re-submit within three (3) business days thereof the further revised Space Plan to Landlord for approval. Landlord and Tenant shall continue such process until Tenant addresses Landlord’s comments and Landlord issues written approval of the Space Plan (the “Final Space Plan”). Within fifteen (15) days after the date of the Final Space Plan, Tenant shall cause the Architect to prepare and submit construction drawings to Landlord for approval based on the Final Space Plan and in accordance with the same procedure set forth above. Landlord shall not be required to install any partition or improvements which are not in conformity with the Final Space Plan. The improvements referenced in this Paragraph shall be referred to as the “Tenant Improvements.” Notwithstanding any provision in this Lease to the contrary, the Tenant Improvements shall be completed in a good and workmanlike manner and shall comply with all laws. In addition to (and not in lieu of) Landlord’s obligations under this Lease, Landlord shall advise cause the general contractor performing the Tenant Improvements to provide a warranty in writing favor of Tenant against defects in workmanship and materials for a period of twelve (12) months after the Commencement Date. If Tenant notifies Landlord of any such defects within such twelve (12) month period, then Landlord will cause to be repaired, the defects as soon as practicable and shall use commercially reasonable efforts to which portions repair the defects with minimal disruption and interference to Tenant’s use of the Alteration are Required RemovablesPremises. If a Default has occurred At any time after the expiration such twelve (12) month period, Landlord will promptly, upon written request of Tenant, assign to Tenant (to the extent assignable, available and remains uncured at without warranty or representation by Landlord) all rights which Landlord may have under the Expiration Datecontract for the construction of the Tenant Improvements against the contractor respecting defects in workmanship and materials.
(b) Except as expressly provided herein and described in the Space Plan, Tenant Landlord shall not be entitled responsible for any other renovation, construction or installation of any improvements relating to remove the Premises. Tenant acknowledges that Landlord has not made any representations or warranties with respect to the condition of the Premises and neither Landlord nor any assignee of Landlord shall be liable for any latent defect therein. The taking of possession of the Premises by Tenant shall be conclusive evidence that the Premises were in good and satisfactory condition at the time such possession was taken. Landlord, through its designated contractor (the “Contractor”), will perform and complete the Tenant Improvements as described in the Space Plan. All costs related to change-orders, alterations and additions to the Space Plan requested by Tenant and approved by Landlord which increase the cost of the Tenant Improvements above the Tenant Allowance shall be borne by Tenant. All work will be scheduled by Landlord in such a manner as to not inconvenience other tenants in the Building. Landlord and its Contractor assume no liability for Tenant’s equipment, furniture or other personal property or merchandise, without located at the express written approval Premises during the construction of the Tenant Improvements and Tenant shall hold Landlord, its contractors and Landlord their respective agents and employees (“Landlord’s Indemnified Parties”) harmless and indemnify same from and against any damage or injury relating to Tenant’s equipment, furniture or personal property left in the Premises during the construction of the Tenant Improvements. Tenant hereby acknowledges that Tenant shall have all rights therein as are then available be solely responsible for the installation and any other associated costs relating to Landlord by lawthe use of low voltage wiring, card readers and telephone cabling in the Premises.
Appears in 1 contract
Sources: Office Lease (FlexShopper, Inc.)
Improvements and Alterations. 7.1. Without the prior written consent of Landlord, there shall be no alterations, additions, or improvements in, on or to the Premises or the Project or any part thereof, except for free-standing furniture and floor coverings.
7.2. Any alterations, additions or improvements desired by Tenant shall be made by Landlord or contractors selected by Landlord for Tenant's account, and Tenant shall pay the cost thereof (including contractor's overhead and customary profit) to Landlord prior to Landlord's contracting for such work.
7.3. Landlord may impose as a condition to its consent to alterations, additions or improvements desired by Tenant such requirements as Landlord may deem necessary in its sole discretion, including (without limitation) requirements relating to the manner in which the work is done and the times during which it is to be accomplished. All such work shall be performed by Landlord's contractor. At Landlord's request Tenant, at Tenant's sole cost and expense, shall remove at the expiration of this Lease any and all improvements or additions to the Premises caused to be installed by Tenant. Any damage done to the Premises in connection with such removal shall be repaired by Landlord's contractor at Tenant's sole cost and to expense. Landlord may, in connection with any such removal which might damage the Premises, including require that such removal be performed by Landlord's contractor.
7.4. Notwithstanding any Alterations (defined contrary provision herein, Tenant shall not, in Section 9.03) (collectivelyany event, “Leasehold Improvements”) shall remain upon make any alterations, additions or improvements which might or could affect the Premises at the end structure of the Term without compensation Building or the mechanical or electrical systems of the Building or which interfere with or disrupt other tenants in the Building or with any work then being carried out therein by Landlord or its contractors. Any alterations, additions or improvements desired by Tenant shall be made at Tenant's sole cost and expense in accordance with plans and specifications, and pursuant to Tenantgovernmental permits, provided that Tenantapproved in advance by Landlord. Tenant shall utilize only Landlord's contractor to perform work.
7.5. Any alterations, at its expenseadditions or improvements shall be completed in a good, removes any Required Removables (as hereinafter defined)workmanlike, diligent, prompt and expeditious manner in compliance with the National Electric Code or other all applicable Lawlaws. Landlord, by written notice to Tenant at least thirty (30) days prior 's approval of Tenant's plans and specifications shall not constitute a representation or warranty of Landlord as to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated adequacy thereof or compliance thereof with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Lease, Tenant shall have an obligation to remove the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by lawapplicable laws.
Appears in 1 contract
Improvements and Alterations. All (a) Landlord hereby delivers to Tenant, and Tenant hereby accepts from Landlord, the Premises in its existing “AS-IS”, “WHERE-IS” and “WITH ALL FAULTS” condition, and Tenant acknowledges that Landlord shall have no obligation to refurbish or otherwise improve the Premises after the Date of this Lease.
(b) Any alterations, additions, or improvements in and made by or on behalf of Tenant to the Premises, including any Alterations Premises (defined in Section 9.03) (collectively, “Leasehold ImprovementsAlterations”) shall remain be subject to Landlord’s prior written consent. Tenant shall cause, at its sole cost and expense, all Alterations to comply with insurance requirements and with Laws and shall construct, at its sole cost and expense, any alteration or modification required by Laws as a result of any Alterations. All Alterations shall be constructed at Tenant’s sole cost and expense and in a good and workmanlike manner by contractors reasonably acceptable to Landlord and only good grades of materials shall be used. All plans and specifications for any Alterations shall be submitted to Landlord for its approval. Landlord may monitor construction of the Alterations. Landlord’s right to review plans and specifications and to monitor construction shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or construction comply with applicable Laws. Without limiting the other grounds upon which Landlord may refuse to approve any contractor or subcontractor, Landlord may take into account the desirability of maintaining harmonious labor relations at the Project. Landlord may also require that all life safety related work and all mechanical, electrical, plumbing and roof related work be performed by contractors designated by Landlord. Landlord shall have the right, in its sole discretion, to instruct Tenant to remove any improvements or Alterations from the Premises at the end expiration or earlier termination of the Term without compensation Lease. If, upon the termination of this Lease, Landlord requires Tenant to Tenantremove any or all of such Alterations from the Premises, provided that then Tenant, at its Tenant’s sole cost and expense, removes shall promptly remove such Alterations and improvements and Tenant shall repair and restore the Premises to its original condition as of the Commencement Date, reasonable wear and tear excepted. Any Alterations remaining in the Premises following the expiration of the Lease Term or following the surrender of the Premises from Tenant to Landlord, shall become the property of Landlord unless Landlord notifies Tenant otherwise. Tenant shall provide Landlord with the identities and mailing addresses of all persons performing work or supplying materials, prior to beginning such construction, and Landlord may post on and about the Premises and record any Required Removables notices of non-responsibility pursuant to applicable law. Tenant shall assure payment for the completion of all work free and clear of liens and shall provide certificates of insurance for worker’s compensation and other coverage in amounts and from an insurance company reasonably satisfactory to Landlord protecting Landlord against liability for bodily injury or property damage during construction. Upon completion of any Alterations and upon Landlord’s reasonable request, Tenant shall deliver to Landlord sworn statements setting forth the names of all contractors and subcontractors who did work on the Alterations and final lien waivers from all such contractors and subcontractors. Tenant shall pay to Landlord, as Additional Rent, the reasonable costs of Landlord’s engineers and other consultants (as hereinafter definedbut not Landlord’s on-site management personnel) for review of all plans, specifications and working drawings for the Alterations and for the incorporation of such Alterations in the Landlord’s master Building drawings, within ten (10) business days after Tenant’s receipt of invoices either from Landlord or such consultants together with (in any event) an administrative charge of ten percent (10%) of the actual costs of such work. In addition to such costs, Tenant shall pay to Landlord, within ten (10) business days after completion of any Alterations, the actual, reasonable costs incurred by Landlord for services rendered by Landlord’s management personnel and engineers to coordinate and/or supervise any of the Alterations to the extent such services are provided in excess of or after the normal on-site hours of such engineers and management personnel. Together with Tenant’s request for approval of any Alterations and the plans and specifications submitted to Landlord therefor, Tenant may expressly request in writing (in bold upper case letters (in 16 point font or larger) that Landlord specify whether the Alterations (or portions thereof) must be removed from the Premises upon the expiration or earlier termination of the Lease Term (the “Removal Request”), in compliance which case Landlord shall specify such Alterations (or portions thereof) together with Landlord’s written approval thereof (if such approval is granted in accordance with the National Electric Code or other applicable Lawterms hereof). LandlordIf Tenant delivers a Removal Request to Landlord with the information regarding the Alterations required herein, by written notice and Landlord delivers to Tenant at least thirty written approval of such Alterations, and together with such approval Landlord specifies that such Alterations (30or any portions thereof) days prior are not required to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Lease, Tenant shall have an obligation to remove the Required Removables specifically enumerated in this sentence be removed upon the expiration or earlier termination of this Lease whether Lease, then Tenant shall not be required to remove such Alterations. Notwithstanding the foregoing, Landlord shall have the right, in its sole discretion, to instruct Tenant to remove from the Premises those Alterations that (i) were not approved in writing and in advance by Landlord, (ii) were not built in conformance with the plans and specifications approved in writing by Landlord, or not (iii) Landlord delivers notice to Tenant requiring removal specified during its review of the same as contemplated by the immediately preceding sentence. The Required Removables shall applicable plans and specifications would need to be removed by Tenant before upon the Expiration Date expiration or earlier termination of this Lease. However, Tenant will have no obligation to remove, replace or modify any tenant improvements existing as of the Date of this Lease nor will Tenant be obligated to restore the Premises to a condition pre-existing the Date of this Lease.
(c) Tenant shall repair damage caused keep the Premises, the Building and the Project free from any and all liens arising out of any Alterations, work performed, materials furnished, or obligations incurred by or for Tenant. In the installation or removal of Required Removables. If event that Tenant fails to perform its obligations in a timely mannershall not, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within within ten (10) days after receipt following the imposition of Tenant’s requestany such lien, cause the same to be released of record by payment or posting of a bond in a form and issued by a surety acceptable to Landlord, Landlord shall advise Tenant have the right, but not the obligation, to cause such lien to be released by such means as it shall deem proper (including payment of or defense against the claim giving rise to such lien); in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Datesuch case, Tenant shall not be entitled to remove any of its personal property or merchandisereimburse Landlord for all amounts so paid by Landlord in connection therewith, without the express written approval together with all of Landlord’s costs and expenses, with interest thereon at the Default Rate (defined below) and Tenant shall indemnify and defend each and all of the Landlord Indemnitees (defined below) against any damages, losses or costs arising out of any such claim. Tenant’s indemnification of Landlord contained in this Paragraph shall survive the expiration or earlier termination of this Lease. Such rights of Landlord shall have be in addition to all rights therein as are then available to Landlord other remedies provided herein or by law.
(d) NOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES.
Appears in 1 contract
Improvements and Alterations. 9.1.1 Tenant, its employees, agents, licensees, or contractors shall not make or install any alterations, improvements, additions, or fixtures (collectively, “Improvements”) that affect the exterior or interior of the Premises or any structural, mechanical, or electrical component of the Premises, or ▇▇▇▇, paint, drill, or in any way deface any floors, walls, ceilings, partitions, or any wood, stone, or iron work, without Landlord’s consent, which shall not be unreasonably withheld, conditioned or delayed. Tenant shall employ all reasonably necessary design professionals, (“Architects” and/or “Engineers”) and responsible licensed California contractor(s) (“Contractor”) (subject to Landlord’s commercially reasonably approval which may be nonunion), to construct its Tenant Improvements, subject to applicable code requirements and local regulations and subject to Landlord’s consent which shall not be unreasonably withheld, conditioned, or delayed except that no such consent shall be required for Tenant to conduct minor, non-structural Improvements costing not more than $10,000. Landlord shall have the right to review and approve, which shall not be unreasonably withheld, conditioned, or delayed, all improvements made to the Premises as part of any Tenant Improvements, including being provided at no cost with proposed and final as-built detailed plans, which approval shall not be unreasonably withheld, conditioned, or delayed. Before commencing any work on the Premises and/or in or on the Building, Tenant’s contractor shall obtain construction liability insurance in a form and policy amount reasonably acceptable to Landlord and shall name Landlord as an additional insured on each applicable policy of insurance. All improvements subcontractors retained by Tenant’s contractor shall obtain construction liability insurance naming Landlord as additional insured on each applicable policy of insurance. All subcontractors retained by Tenant’s contractor shall obtain worker’s compensation insurance consistent with the type and form of insurance required to be procured by Tenant as provided in and Section 10. Additionally, at the conclusion of all Improvements made to the Premises, including Tenant shall cause its Architect and Contractor to update all working drawings as necessary to reflect all changes made to the working drawings during the course of construction of Tenant’s Improvements, to certify to the best of their knowledge that the “record-set” of drawings are true and correct, which certification shall survive the expiration or termination of this Lease, and to deliver to Landlord one (1) set of CAD “record-set” drawings within 90 days following issuance of a certificate of occupancy for the Premises, and (b) Tenant shall deliver to Landlord a copy of all warranties, guaranties, and operating manuals and information relating to the improvements.
9.1.2 All Improvements to the Premises will be at Tenant’s option (subject to Landlord’s consent as provided in this Section 9.1.1) and at Tenant’s sole cost other than Landlord’s Work described in the Special Lease Terms and as provided in Sections 9.3 and 9.4 below. Tenant will indemnify and defend Landlord for all liens, claims, or damages caused by such Improvements by Tenant, but not in connection with any Alterations of Landlord’s Work. Tenant will and hereby agrees to indemnify, defend (with counsel reasonably acceptable to Landlord), and hold harmless Landlord Indemnified Parties (as defined in Section 9.0320.1 below) from and against all liabilities, damages, claims, losses, penalties, judgments, charges, and expenses (collectivelyincluding reasonable attorneys’ fees, “Leasehold costs of court, and expenses necessary in the prosecution or defense of any litigation including the enforcement of this provision) arising from or in any way related to, directly or indirectly, (a) any act of negligence or failure of Tenant to comply with the terms of this Section of the Lease; and (b) any lien, claim, or damage caused by the Tenant Improvements”, except as due to the gross negligence or willful misconduct of Landlord or its representatives. The parties agree that the obligations of this Section of the Lease shall survive the expiration or earlier termination of the Lease.
9.1.3 Tenant shall give Landlord not less than ten (10) days’ advanced written notice of the date of commencement of any construction work on the Premises so that Landlord can post notices of nonresponsibility.
9.1.4 Any and all Improvements effected by Tenant shall be constructed, installed or performed in a professional workmanlike manner, by licensed contractors retained by Tenant, in compliance with all applicable statutes, codes, rules and regulations, and Tenant or Tenant’s contractors shall obtain all permits and approvals of government agencies required by applicable laws in connection therewith.
9.1.5 All Improvements (except Tenant’s trade fixtures, furniture, personalty and equipment) that may be made or installed upon Premises by either Landlord or Tenant and that in any manner are attached to the floors, walls, or ceilings, shall be the property of Landlord, and, at the termination of this Lease, shall remain upon and be surrendered with the Premises as a part of the Premises, without disturbance or injury unless Landlord, by written notice provided to Tenant at the time Landlord approves of such Improvements (which notice Landlord shall be obligated to provide at such time), requires same to be removed or returned to their original condition prior to the Improvements (reasonable wear and tear excepted and damage due to casualty for which Landlord is responsible excepted). Tenant shall repair any damage to the Premises occasioned by the removal of its trade fixtures. If Landlord notifies Tenant at the time that it gives its consent to any Improvements requested by Tenant that Tenant must remove such Improvements or restore the Premises to its original condition at the end of the Term without compensation (reasonable wear and tear excepted and damage due to Tenantcasualty for which Landlord is responsible excepted), provided that TenantTenant shall remove and/or restore the same, at its Tenant’s expense, removes any Required Removables upon the termination of this Lease, and Tenant shall, forthwith and with all due diligence at Tenant’s sole cost and expense remove such Improvements, restore the Premises to their original condition (as hereinafter definedreasonable wear and tear excepted and damage due to casualty for which Landlord is responsible excepted), in compliance with the National Electric Code or other applicable Law. Landlord, by written notice to Tenant at least thirty (30) days prior and repair any damage to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require Premises or Building caused by such removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”)or restoration. Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding Notwithstanding anything to the contrary in this Lease, Tenant shall have an obligation to remove specified herein and for the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination avoidance of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Datedoubt, Tenant shall not be entitled responsible for or obligated to remove and/or restore any of its personal property Landlord’s Work or merchandise, without any of the express written approval Initial Tenant Improvements at the end of Landlord, and Landlord shall have all rights therein as are then available to Landlord by lawthe Term.
Appears in 1 contract
Sources: Lease Agreement (Skullcandy, Inc.)
Improvements and Alterations. All improvements in and to the Premises, including any Alterations (defined in Section 9.03a) (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its own expense, removes any Required Removables (as hereinafter defined)may make ---------------------------- alterations, additions and improvements with Landlord's prior written consent to the interior of the Premises which are necessary or appropriate for the conduct of Tenant's business in compliance accordance with detailed working drawings and specifications describing such work which have been submitted in advance to and approved in writing by Landlord along with the National Electric Code identity of the contractor. Such consent or other applicable Lawapproval shall not be unreasonably withheld or delayed in the case of any proposed work of a non- structural nature which does not affect the common areas or facilities of the Property and is not visible from the exterior of the Premises. In addition, Tenant shall not be required to obtain Landlord's consent to interior painting and similar work of a purely decorative nature so long as the quality thereof conforms to any standard Building criteria established by Landlord. Tenant shall pay all costs of preparing plans, drawings and specifications. Such alterations, additions and improvements (specifically excluding movable personal property installed by written notice Tenant) made after the date hereof are hereinafter collectively called the "Improvements." All the Improvements, whether placed in or attached or made to Tenant at least thirty (30) days or a part of the Premises prior to or during the Expiration DateTerm of this Lease, may shall, unless Landlord otherwise elects and except in the case of customary trade fixtures, become and be Landlord's property and shall be and remain part of the Premises as of the termination of the Term. Landlord shall notify Tenant in writing at the time Landlord approves Tenant's plans for Improvements of its election to require Tenant, at its expense, Tenant to remove any Alterations that, in Landlord’s reasonable judgment, are or all of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Lease, Tenant shall have an obligation to remove the Required Removables specifically enumerated in this sentence its Improvements upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal the Term. Construction of the same as contemplated by the immediately preceding sentence. The Required Removables Improvements shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations performed diligently and in a timely mannergood and workmanlike manner and shall be expeditiously completed in compliance with all laws, ordinances, orders, rules, regulations and requirements. All work done in connection with the Improvements shall comply with all requirements of insurance policies maintained by Landlord may perform such work at and Tenant’s expense. Tenant, at its own expense, shall procure all permits and licenses for the time Improvements required by any governing authority having jurisdiction over the Premises and the business to be conducted in the Premises. Tenant shall promptly pay all costs and expenses of the Improvements, and Tenant shall indemnify the Landlord against performance liens, costs, damages and expenses in connection with all Improvements. In case of damage or destruction of any Improvements which Landlord elected not to be a portion of the Premises during the Term of this Lease, Tenant shall have the right to recover its loss from any insurance company with which it requests approval for a proposed Alterationhas insured the same. At the end of the Term of this Lease, may request if not then in writing that default hereunder, Tenant shall remove all of its personal property other than the Improvements (except those Improvements which Landlord advise elected to require Tenant whether to remove). If Landlord elects to have Tenant remove the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s requestImprovements, Landlord shall advise not require removal of pipes, wires and the like from walls, ceilings or floors, provided that Tenant properly cuts, caps and disconnects such pipes and wires and seals them off in writing as to which portions a safe and lawful manner flush with the applicable wall, floor and ceiling and redecorates the area in a manner substantially consistent with the remainder of the Alteration are Required RemovablesPremises. If a Default has occurred Tenant shall maintain the Improvements in accordance with Section 10 during the Term of the Lease and remains uncured at shall be responsible for any and all damage to the Expiration DatePremises, the fixtures, appurtenances and equipment of Landlord or the Building caused by the installation, malfunction or removal of the Improvements or Tenant's Property, as defined in Section 9.
(b) To protect the historical and architectural integrity and appearance of the Building, Tenant shall not install any signs on the exterior of the Building or Premises or in the interior of the Premises if visible from the exterior of the Premises except as permitted by this paragraph. All signs or lettering, if any, visible from the exterior of the Building or from the lobby, public corridors or in any other common area or public place must be entitled submitted to remove any of its personal property or merchandise, without the express Landlord for written approval of the size, color, design and location of such signs or lettering before installation, which approval shall not be unreasonably withheld or delayed. Tenant may hang its own window blinds or curtains in the Premises, subject to Landlord's prior written approval, and which approval shall not be unreasonably withheld or delayed. Landlord shall have all rights therein include Tenant's name and the floor location of the Premises in any directory maintained by Landlord in the lobby of the Building.
(c) Subject to the provisions hereof otherwise applicable to the making of alterations, additions and improvements in the Premises together with such additional requirements as are then available Landlord may reasonably prescribe, Tenant may install cabling and wiring through vertical shafts of the Building in order to service equipment located in the Premises. Notwithstanding the foregoing, Landlord by lawshall neither unreasonably withhold or delay any consent required in the case of, nor obligate Tenant to furnish detailed working drawings and specifications describing, such installations.
Appears in 1 contract
Sources: Lease (Zefer Corp)
Improvements and Alterations. All (A) Landlord's sole construction obligation under this Lease is as set forth in the Work Letter attached hereto as Exhibit “B-1” and incorporated herein by reference.
(B) Landlord shall have the right at any time to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the Building or Project, and upon giving Tenant reasonable notice thereof, to change the name, number or designation by which the Building or the Project is commonly known.
(C) The alterations, additions or improvements to or of the Premises or any part thereof referred to in and this subparagraph (6)(C) do not include the Landlord Work. Tenant shall not make or cause to be made any alterations, additions or improvements to or of the Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's prior written consent (For the avoidance of doubt, Tenant may perform minimus decorative work at the Premises, such as painting or decorating the Premises, without first obtaining Landlord’s consent. In no event shall improvements or alterations which require a permit or inspections from the Township of Plainsboro be deemed de minimus for the purposes of this Article 6). Any such alterations, additions or improvements to the Premises consented to by Landlord shall at Landlord's option be made by Landlord for Tenant's account and Tenant shall pay Landlord for the costs thereof (including any Alterations reasonable charge for Landlord's profit and overhead which shall in no event exceed 10% for profit and 5% for overhead) within ten (defined in Section 9.0310) days after receipt of Landlord's statement. All such alterations, additions and improvements shall (collectivelywithout compensation to Tenant) at Landlord's option become Landlord's property (except movable furniture and trade fixtures) and at the end of the term hereof, “Leasehold Improvements”) shall remain upon on the Premises unless Landlord elects by notice to Tenant in connection with Tenant’s request for Landlord’s consent to the improvement or alteration to have Tenant remove same, in which event Tenant shall promptly restore the Premises to their condition prior to the installation of (i) such alterations, additions and improvements, and (ii) equipment of any nature. Further, Landlord may elect by notice to Tenant to have Tenant remove not only Tenant's alterations, additions and improvements, but also any items of Tenant's equipment including but not limited to movable furniture, trade fixtures, office equipment and any cafeteria equipment. Any such equipment not removed from the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, removes any Required Removables (as hereinafter defined), in compliance with the National Electric Code or other applicable Law. Landlord, by written notice to Tenant at least thirty (30) days prior to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Lease, Tenant shall have an obligation to remove the Required Removables specifically enumerated in this sentence upon the expiration hereof or earlier termination of this Lease shall at the option of the Landlord become Landlord's property without payment of any consideration therefor. The removal of any such equipment and any alterations, additions and improvements which Landlord elects Tenant to remove will be accomplished by Tenant prior to the expiration of the term of this Lease and if not done, Tenant will be deemed a tenant at sufferance pursuant to Article 26. If Tenant does not perform such removal, Landlord may remove, destroy, store or otherwise dispose of such alterations, additions, improvements and equipment, whether or not Landlord delivers notice takes title thereto. In addition, Tenant will pay (i) all Landlord's costs of removing, disposing or destroying any such alterations, additions, improvements and equipment whether or not Landlord takes title thereto, that Tenant is supposed to remove, which Tenant requiring removal does not remove, and (ii) Landlord's cost to restore the Premises to their condition prior to the installation of the same as contemplated by the immediately preceding any alterations, additions, improvements and equipment of any nature referred to in subdivision (i) of this sentence. The Required Removables Such costs will include Landlord's fees and expenses in collecting such costs and interest on such costs at the rate of fourteen (14%) percent per annum. Tenant will pay to Landlord Landlord's costs of storage of any equipment which Tenant is supposed to remove pursuant to this paragraph that Tenant does not remove. Further, Landlord reserves and shall be removed by Tenant before have right of access to the Expiration Date or earlier Premises at any time within ninety (90) days prior to any projected termination of this LeaseLease to inspect the Premises to determine alterations, additions, improvements and equipment Landlord desires Tenant to remove. Tenant shall repair damage caused by the installation or removal This right of Required Removables. If Tenant fails access is in addition to perform its obligations Landlord's right of access set forth in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by lawArticle 16 hereof.
Appears in 1 contract
Sources: Lease Agreement (Cytosorbents Corp)
Improvements and Alterations. All improvements in and to the Premises, including any Alterations (defined in Section 9.03a) (collectively, “Leasehold Improvements”) Landlord shall remain upon deliver the Premises at the end of the Term without compensation to Tenant, provided that Tenantand Tenant agrees to accept the Premises from Landlord in its existing “AS-IS”, at “WHERE-IS” condition subject to Landlord’s performing its expenseongoing janitorial and maintenance obligations and Landlord’s obligations to complete the Building Enhancements identified on Exhibit B attached hereto. To the extent Landlord does not complete the Building Enhancements by the time periods set forth on Exhibit B, removes any Required Removables as such time period may be extended due to Force Majeure (as hereinafter defineddefined in Paragraph 24(x)), then the parties acknowledge that Landlord shall be in default of its obligations hereunder and Tenant shall have the rights and remedies set forth in Paragraph 17(b) below. Landlord shall have no obligation to refurbish or otherwise improve the Premises throughout the Lease Term; provided, however, and notwithstanding the foregoing to the contrary, Landlord’s sole construction obligation under this Lease is set forth in the enhancements to the Building specifically set forth on Exhibit B. Notwithstanding the forgoing, Landlord represents that to the best of its knowledge, as of the Effective Date, the Building complies with applicable local, state and federal regulations, including compliance with the National Electric Code or other applicable LawAmericans with Disabilities Act with respect to all Common Areas.
(b) Commencing on the Effective Date, Landlord shall provide Tenant an allowance (the “Tenant Improvement Allowance”) equal to Nine Million Eighty Thousand Six Hundred Eighty Dollars ($9,080,680.00) (which amount is based on the product of (A) Seventy and 00/100 Dollars ($70.00) multiplied by (B) the number of square feet of Rentable Area in the Premises). LandlordThe Tenant Improvement Allowance is provided in order to help Tenant finance the hard costs associated with Tenant’s construction of the physical tenant improvements actually installed in the Premises (“Tenant Improvements”); provided, by written notice however, that notwithstanding anything to the contrary, Tenant at least shall have the right to apply up to fifteen percent (15%) of the Tenant Improvement Allowance to Tenant’s architectural and engineering design fees, telephone and data cabling, project management fees, and furniture and equipment purchases. Tenant shall pay all of its costs and expenses incurred in connection with such Tenant Improvements. Within thirty (30) days after receipt of a written request from Tenant, but in no event more than one (1) time during any calendar month, Landlord shall reimburse Tenant for (or, at Tenant’s request, pay directly to any contractor of Tenant pursuant to approved invoices received from Tenant) the expenses incurred by Tenant in constructing such Tenant Improvements in the Premises to the extent of the Tenant Improvement Allowance not previously funded or applied by Landlord under this Paragraph 4(b), provided: (1) such request is accompanied by reasonably acceptable supporting documentation indicating that such expenses have been incurred and paid (or are currently payable) by Tenant; (2) the work and materials for which payment is requested shall be performed pursuant to all applicable provisions of the Lease; (3) Tenant is not in default under the Lease; and (4) such request is accompanied by lien waivers from the party under contract with Tenant for such Tenant Improvements, which lien waivers must cover all Tenant Improvements performed as of the date of such request for which payment is then being requested, but may be conditioned on such payment being received. Tenant shall have no right to utilize any unused portion of the Tenant Improvement Allowance for any invoice received on or after the date (the “Outside Date”) that is the earlier of (1) the date Tenant notifies Landlord in writing that all of the Tenant Improvements intended to be done by Tenant in the Premises have been completed (“Completion Notice”), or (2) December 31, 2014. Landlord and Tenant acknowledge and agree that the Tenant Improvements may be conducted and completed in stages and in different parts of the Premises at different times prior to the Expiration Outside Date. If Tenant fails to timely utilize the entire Tenant Improvement Allowance for such improvements as aforesaid, then Tenant shall not be entitled to any credit, cash or otherwise, therefor; provided, however, if any portion of the Tenant Improvement Allowance remains after the Outside Date, Tenant shall have the right to credit the lesser of
(i) the remaining balance of the Tenant Improvement Allowance, or (ii) fifteen percent (15%) of the total Tenant Improvement Allowance, to the Base Rent first due and owing in the first calendar year following the year in which Tenant notifies Landlord in writing that the Tenant Improvements have been completed and makes its final draw request for payment of hard and soft costs associated with the Tenant Improvements.
(c) All Tenant Improvements and any subsequent alterations, additions, or improvements made by or on behalf of Tenant to the Premises excluding cosmetic alterations, additions or improvements (“Alterations”) shall be subject to Landlord’s prior written consent, which consent shall not be unreasonably delayed, conditioned or denied, unless such alterations, additions or improvements adversely affect the structure of the Building or operating systems of the Building, in which case Landlord may withhold, condition or delay its consent in its sole discretion. Landlord’s consent shall not be unreasonably withheld with respect to proposed Tenant Improvements or Alterations that (i) comply with all applicable laws, ordinances, rules and regulations; (ii) are compatible with the Building’s mechanical, electrical, HVAC and life safety systems; (iii) will not interfere in a material manner with the use and occupancy of any other portion of the Building by any other tenant or their invitees; (iv) do not affect the structural portions of the Building; and, (v) do not and will not, whether alone or taken together with other improvements, require the construction of any other improvements or alterations within the Building. To the extent Tenant requires access to riser space and telephone communications closets, Landlord shall provide such access as necessary in connection with the Alterations. Tenant shall cause, at its sole cost and expense, all Tenant Improvements or Alterations to comply with insurance requirements and with Laws and shall construct, at its sole cost and expense, any alteration or modification required by Laws as a result of any Tenant Improvements or Alterations. All Tenant Improvements or Alterations shall be constructed at Tenant’s sole cost and expense, in a first class and good and workmanlike manner by contractors reasonably acceptable to Landlord and only good grades of materials shall be used. All plans and specifications for any Tenant Improvements or Alterations requiring Landlord’s approval shall be submitted to Landlord for its approval, which approval shall not be unreasonably delayed, conditioned or denied. Landlord shall approve or disapprove the proposed Alterations in writing within thirty (30) days after receipt of a description of the proposed Alterations from Tenant. If Landlord fails to approve or request modifications to the proposed Alterations within said thirty (30) day period, Landlord shall be deemed to have approved said Alterations. Landlord may monitor construction of the Tenant Improvements or Alterations, and Tenant shall reimburse Landlord for any reasonable third party costs incurred by Landlord in monitoring such construction (which supervision and monitoring costs must be reasonable and may not exceed one percent (I%) of hard construction costs; provided, however, that such costs shall be funded out of the Tenant Improvement Allowance and shall not count towards the 15% soft cost limitation set forth above. Landlord’s right to review plans and specifications and to monitor construction shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or construction comply with applicable laws, codes, rules and regulations. Landlord may also require that all life safety related work and all mechanical, electrical, plumbing and roof related work be performed by contractors designated by Landlord. Landlord shall have the right, in its sole discretion, to instruct Tenant to remove those Tenant Improvements or Alterations from the Premises which (i) were not approved in advance by Landlord and for which Landlord’s approval is required, (ii) were not built in conformance with the plans and specifications approved by Landlord, or (iii) Landlord specified during its review of plans and specifications for Tenant Improvements or Alterations would need to be removed by Tenant upon the expiration of this Lease. Except as set forth in the proceeding sentence, Tenant shall not be obligated to remove such Tenant Improvements or Alterations at the expiration of this Lease. If upon the termination of this Lease Landlord requires Tenant to remove any or all of such Tenant Improvements or Alterations from the Premises, then Tenant, at its Tenant’s sole cost and expense, shall promptly remove such Tenant Improvements or Alterations and improvements and Tenant shall repair and restore the Premises to its original condition as of the Commencement Date, reasonable wear and tear excepted. The parties hereby acknowledge and agree that in no event shall Tenant be required to remove any Alterations that, in Landlord’s reasonable judgment, improvements which are of a nature that would require removal and repair costs that are materially in excess existing as of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall includeCommencement Date, including, without limitation, Tenantthe internal staircase. Any Tenant Improvements or Alterations remaining in the Premises following the expiration of the Lease Term or following the surrender of the Premises from Tenant to Landlord, shall become the property of Landlord unless otherwise agreed to by Landlord and Tenant at the time of Landlord’s personal approval of the Tenant Improvements. Tenant shall provide Landlord with the identities and mailing addresses of all persons performing work or supplying materials, prior to beginning such construction, and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable law. Tenant shall assure payment for the completion of all work free and clear of liens and shall provide certificates of insurance for worker’s compensation and other typical construction related coverage in amounts and from an insurance company reasonably satisfactory to Landlord protecting Landlord against liability for bodily injury or property damage during construction. Upon completion of any Tenant Improvements or Alterations and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Leaseupon Landlord’s reasonable request, Tenant shall deliver to Landlord sworn statements setting forth the names of all contractors and major subcontractors who did work on the Tenant Improvements or Alterations and final lien waivers from all such contractors and subcontractors. Additionally, upon completion of any Tenant Improvements or Alterations, Tenant shall provide Landlord, at Tenant’s expense, with a complete set of plans in reproducible form and specifications reflecting the actual conditions of the Tenant Improvements or Alterations, together with a copy of such plans on diskette in the AutoCAD format or such other format as may then be in common use for computer assisted design purposes. Tenant shall pay to Landlord, as additional rent, the reasonable costs (not to exceed together with the monitoring fees referenced above one percent (1%) of hard construction costs) of Landlord’s third party engineers and other outside consultants (but not Landlord’s on-site management personnel) for review of all plans, specifications and working drawings for the Tenant Improvements or Alterations within ten (10) business days after Tenant’s receipt of invoices from Landlord; provided, however, that such costs shall be funded out of the Tenant Improvement Allowance and shall not count towards the 15% soft cost limitation set forth above.
(d) Tenant shall have the right to use and upgrade the external stairs, also known as the fire stairs, between the second and third floors (and any other floors occupied by Tenant, provided, however, that if Tenant occupies less than an obligation entire floor, Tenant shall only be entitled to remove use and upgrade on a non—exclusive basis, the Required Removables specifically enumerated fire stairs which a located closest to Tenant’s space on that floor) of the Building for Tenants use during the Term (the “Premises External Stairs”); provided, that, any and all Alterations in this sentence upon connection with the Premises External Stairs are in compliance with Laws and any incremental increases in costs resulting from such use of the Premises External Stairs shall be borne solely by Tenant.
(e) Tenant shall keep the Premises, the Building and the Project free from any and all liens arising out of any Tenant Improvements or Alterations, work performed, materials furnished, or obligations incurred by or for Tenant. In the event that Tenant shall not, within thirty (30) days following the imposition of any such lien, cause the same to be released of record by payment or posting of a bond or insurance coverage in a form and issued by a surety reasonably acceptable to Landlord, Landlord shall have the right, but not the obligation, to cause such lien to be released by such means as it shall deem proper (including payment of or defense against the claim giving rise to such lien); in such case, Tenant shall reimburse Landlord for all reasonable amounts so paid by Landlord in connection therewith, together with all of Landlord’s reasonable out-of-pocket costs and expenses, with interest thereon at the Default Rate (defined below). This Paragraph shall survive the expiration or earlier termination of this Lease whether or not Lease. Such rights of Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date in addition to all other remedies provided herein or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by law.
(f) NOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES.
(g) The parties hereby acknowledge that Landlord shall provide The Carlyle Group, L.P. (“Original Tenant”) the Tenant Improvement Allowance commencing as early as January 1, 2010, which is prior to the Commencement Date. The parties further acknowledge that the use and distribution of the Tenant Improvement Allowance which shall be made available to Tenant pursuant to the Twelfth Amendment (hereinafter defined) shall be governed by Paragraph 4(b) hereof. To the extent Original Tenant uses the Tenant Improvement Allowance and there is any conflict between the terms of the that certain Twelfth Amendment to Commercial Lease dated on or about the date hereof (“Twelfth Amendment”) by and between Landlord and Original Tenant and this Lease regarding the use of the Tenant Improvement Allowance, the terms of this Lease shall control. To the extent Original Tenant does not use any portion of the Tenant Improvement Allowance it shall remain available for use by Tenant pursuant to the terms hereof.
Appears in 1 contract
Sources: Office Lease (Carlyle Group L.P.)
Improvements and Alterations. (a) Landlord's sole construction obligation under this Lease is set forth in the Work Letter attached hereto as Exhibit B.
(b) Any alterations, additions, or improvements made by or on behalf of Tenant to the Premises made on or after the Commencement Date ("Alterations") shall be subject to Landlord's prior written consent which shall not be unreasonably withheld or delayed. Cosmetic Alterations that do not affect the building mechanical or electrical systems and do not exceed $50,000 in the aggregate, shall not require Landlord consent. Tenant shall cause, at its sole cost and expense, all Alterations to comply with insurance requirements and with Laws and shall construct, at its sole cost and expense, any alteration or modification required by Laws as a result of any Alterations. All improvements Alterations shall be constructed at Tenant's sole cost and expense and in a good and workmanlike manner by contractors reasonably acceptable to Landlord and only good grades of materials shall be used. All plans and specifications for any Alterations shall be submitted to Landlord for its approval, which approval will not be unreasonably withheld, delayed or conditioned. Landlord may monitor construction of the Alterations. Landlord's right to review plans and specifications and to monitor construction shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or construction comply with applicable laws, codes, rules and regulations. Landlord shall have the right, in its sole discretion, to instruct Tenant to remove those improvements or Alterations from the Premises which (i) were not approved in advance by Landlord, (ii) were not built in material conformance with the plans and specifications approved by Landlord, or (iii) Landlord specified during its review of plans and specifications for Alterations would need to be removed by Tenant upon the expiration of this Lease. If Landlord approved the construction of Alterations, then Tenant shall not be obligated to remove such Alterations at the expiration of this Lease. Landlord shall not unreasonably withhold or delay its approval with respect to what improvements or Alterations Landlord may require Tenant to remove at the expiration of the Lease. If upon the termination of this Lease Landlord requires Tenant to remove any or all of such Alterations from the Premises, including any Alterations (defined in Section 9.03) (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that then Tenant, at its Tenant's sole cost and expense, removes any Required Removables (shall promptly remove such Alterations and improvements and Tenant shall repair and restore the Premises to its original condition as hereinafter defined)of the Commencement Date, reasonable wear and tear excepted. Any Alterations remaining in compliance the Premises following the expiration of the Lease Term or following the surrender of the Premises from Tenant to Landlord, shall become the property of Landlord unless Landlord notifies Tenant otherwise. Tenant shall provide Landlord with the National Electric Code identities and mailing addresses of all persons performing work or other applicable Law. Landlordsupplying materials, by written notice to Tenant at least thirty (30) days prior to beginning such construction, and Landlord may post on and about the Expiration Date, may require Tenant, at its expense, Premises notices of non-responsibility pursuant to remove applicable law. Tenant shall assure payment for the completion of all work free and clear of liens and shall provide certificates of insurance for worker's compensation and other coverage in amounts and from an insurance company reasonably satisfactory to Landlord protecting Landlord against liability for bodily injury or property damage during construction. Upon completion of any Alterations that, in and upon Landlord’s 's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Leaserequest, Tenant shall deliver to Landlord sworn statements setting forth the names of all contractors and subcontractors who did work on the Alterations and final lien waivers from all such contractors and subcontractors.
(c) Tenant shall keep the Premises, the Building and the Project free from any and all liens arising out of any Alterations, work performed, materials furnished, or obligations incurred by or for Tenant. In the event that Tenant shall not, within ten (10) days following the imposition of any such lien, cause the same to be released of record by payment or posting of a bond in a form and issued by a surety acceptable to Landlord, Landlord shall have an obligation the right, but not the obligation, to remove cause such lien to be released by such means as it shall deem proper (including payment of or defense against the Required Removables specifically enumerated claim giving rise to such lien); in such case, Tenant shall reimburse Landlord for all amounts so paid by Landlord in connection therewith, together with all of Landlord's costs and expenses, with interest thereon at the Default Rate (defined below) and Tenant shall indemnify each and all of the Landlord Indemnitees (defined below) against any damages, losses or costs arising out of any such claim. Tenant's indemnification of Landlord contained in this sentence upon Paragraph shall survive the expiration or earlier termination of this Lease whether or not Lease. Such rights of Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date in addition to all other remedies provided herein or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by law.
Appears in 1 contract
Sources: Lease (INSURE.COM, Inc)
Improvements and Alterations. All improvements (a) Landlord shall deliver and Tenant shall accept the Premises in and their then current "AS-IS" condition. Landlord shall have no obligation to construct, renovate, change, modify or improve the Premises in any way prior to delivery to Tenant. Tenant shall bear all obligations concerning any modifications to the Premises, including all of which shall be conducted in accordance with the provisions of this Lease.
(b) Landlord shall have the right, at any Alterations (defined in Section 9.03) (collectivelytime, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term and without compensation any liability to Tenant, provided that to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, and other public parts of the Building so long as such changes do not have an adverse effect upon Tenant's use and enjoyment of the Premises including, without limitation, access to the Premises, and subject to Paragraph 35, and upon giving Tenant reasonable notice thereof, to change the name, number or designation by which the Building is commonly known.
(c) Tenant, at its Tenant's sole cost and expense, removes any Required Removables upon ten (10) days' notice to Landlord shall have the right to make alterations, additions or improvements upon receipt of the prior written consent of Landlord, which consent will not be withheld, conditioned or delayed unless the making or installation of the alterations, additions, or improvements (i) adversely affects the Building Structure, (ii) adversely affects the Building Systems, (iii) affects the exterior appearance of the Building, (iv) do not comply with Applicable Laws (as hereinafter defineddefined in Paragraph 8 below), in compliance or (v) unreasonably interfere with the National Electric Code normal and customary business operations of the other tenants in the Building (individually and collectively a "Design Problem"). All such alterations, additions and improvements shall be made in conformity with plans therefor approved by Landlord in writing prior to the commencement of such work and shall be performed by a tenant improvements contractor reasonably approved by Landlord. All such alterations, additions and improvements (except movable furniture, furnishings, equipment and trade fixtures) shall become the property of Landlord upon installation. All such alterations, additions or other applicable Law. Landlordimprovements shall, however, be made by written notice to Tenant at least Tenant's sole expense. Landlord may, as a condition to the installation thereof and if such request is made concurrently with the approval of the plans and specifications therefore, require Tenant to remove any such alterations, additions or improvements at its sole cost and expense, it being agreed and understood that in no event will Tenant have any obligation to remove any such alterations unless, in Landlord's reasonable judgment, they do not qualify as standard office-type tenant improvements and notifies Tenant of such determination at the time Landlord approves Tenant's plans with respect to same. Notwithstanding anything to the contrary set forth herein, Tenant shall not be required to obtain Landlord's prior consent with respect to any strictly cosmetic work performed within the Premises by Tenant, such as the installation of wall coverings or floor coverings. Such alterations, additions, and improvements to the Premises made by or for Tenant following the date on which Tenant first occupies the Premises are collectively called "Alterations." All such Alterations shall be made in conformity with the --------------------------------- Landlord's Tenant's Initials Initials --------------------------------- --------------------------------- requirements of Paragraph 6 below. Once the Alterations have been completed, such Alterations shall thereafter be included in the designation of Tenant Improvements and shall be treated as Tenant Improvements. Upon termination of the Lease, or, at Landlord's option, within thirty (30) days prior to the Expiration Dateexpiration of the Lease term, may require TenantTenant shall, upon demand by Landlord, at its Tenant's sole cost and expense, to forthwith remove any Alterations thatalterations, in Landlord’s reasonable judgmentadditions or improvements (except those existing as of the Commencement Date of this Lease) made by Tenant and designated by Landlord to be removed concurrently with the approval of the plans and specifications thereof (to the extent the same do not qualify as standard office-type tenant improvements), are of a nature that would require removal and repair costs that are materially in excess of and restore the removal Premises to their original condition, reasonable wear and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”)tear excepted. Required Removables shall include, without limitation, Tenant’s Any personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to left on or in the contrary in this Lease, Tenant shall have an obligation to remove the Required Removables specifically enumerated in this sentence upon Premises at the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed disposed of by Landlord in the manner provided by law, including, without limitation, California Civil Code Section 1980 et seq. Tenant releases Landlord of and from any and all claims and ------- liability for damage to or destruction or loss of property left by Tenant before upon the Expiration Date Premises at the expiration or earlier other termination of this LeaseLease and Tenant hereby indemnifies Landlord against any and all claims and liability with respect thereto. Tenant further waives all claims to all property (and the proceeds thereof) abandoned by Tenant and retained or disposed of by Landlord.
(d) Tenant shall repair damage caused by the installation not commence work on any alteration, addition or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, improvement until and unless Landlord may perform such work has received at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within least ten (10) days after receipt notice that such work is to commence. Tenant shall reimburse Landlord for any actual, reasonable and documented out-of-pocket expense incurred by consultants on behalf of Landlord in reviewing and approving the plans and specifications for such work or by reason of any faulty work done by Tenant or Tenant’s request, Landlord shall advise 's contractors or by reason of inadequate cleanup. Tenant or its contractors will in writing as no event be allowed to make any improvements to the Premises which portions could possibly adversely affect any of the Alteration are Required RemovablesBuilding Systems or Building Structure without first obtaining Landlord's consent, which Landlord can withhold in its sole and absolute discretion. If a Default has occurred All work by Tenant shall be scheduled through Landlord and remains uncured shall be diligently and continuously pursued from the date of its commencement through its completion. In addition to the foregoing, and at the Expiration DateLandlord's option, Tenant shall obtain a completion and/or performance bond in a form and by a surety acceptable to Landlord and in an amount not less than one and one-half (1 1/2) times the estimated cost of such alterations, additions or improvements.
(e) All alterations, additions and improvements to the Premises made by Tenant shall comply with both ADA as defined in Paragraph 8 of this Lease and with the plans therefor approved in advance by Landlord; provided, however, Landlord's approval or consent to any such work shall not impose any liability upon Landlord nor shall such approval imply that Landlord has expressed any opinion or made any warranty regarding the adequacy, sufficiency or legality of any such improvements. Such plans and any specifications associated therewith shall be entitled prepared by an architect or interior designer reasonably approved in advance by Landlord. No such work shall proceed without Landlord's prior approval of (i) Tenant's contractor(s); (ii) certificates of insurance from a company or companies approved by Landlord, furnished to remove any Landlord by Tenant's contractor, for combined single limit bodily injury and property damage insurance covering comprehensive general liability and automobile liability, in an amount not less than One Million Dollars ($1,000,000) per occurrence and endorsed to show Landlord as an additional named insured, and for workers' compensation as required by law (provided, however, nothing in this subparagraph shall release Tenant of its personal property other insurance obligations hereunder) and the normal and customary contingent liability and builders risk insurance; and (iii) detailed plans and specifications for such work. All such work by Tenant shall be done in a first-class workmanlike manner and in conformity with all applicable governmental requirements, with valid building permit(s) and/or all other permits or merchandiselicenses when and where required, without copies of which shall be furnished to Landlord before the express work is commenced, and any work not acceptable to any governmental authority or agency having or exercising jurisdiction over such work, or not reasonably satisfactory to Landlord, shall be promptly replaced and corrected at Tenant's expense. All such work shall comply with all rules and regulations reasonably established by Landlord to ensure the safety, cleanliness and good order of the Building and its occupants, including but not limited to those relating to usage of elevators and loading docks, establishment of off-Premises staging areas, disposal of -------------------------- Landlord's Tenant's Initials Initials -------------------------- -------------------------- refuse and the hours of performing operations which result in the creation of noise, dust and odors. No such alterations, additions or improvements by Tenant shall incorporate therein any Hazardous Materials, as defined in Paragraph 9.
(f) No antenna, satellite dish, microwave receiver or other receiving or transmission equipment shall be installed by Tenant in or on the roof of or about the Building or elsewhere in the common areas except with the prior written approval consent of Landlord, which consent may be given or withheld by Landlord in its sole and absolute discretion. Any such installation by Tenant shall be only the particular equipment specifically approved by Landlord and any such installation shall have all rights therein be limited to the manner and location approved by Landlord. Any such installation shall be subject to such terms and conditions as are then available provided by Landlord to Tenant at the time Landlord by lawapproves such installation.
Appears in 1 contract
Sources: Lease (Resources Connection Inc)
Improvements and Alterations. All improvements (a) Subject to those express representations and warranties by Landlord expressly set forth herein, Landlord shall deliver the Premises to Tenant, and Tenant agrees to accept the Premises from Landlord in its existing “AS-IS”, “WHERE-IS” and “WITH ALL FAULTS” condition, and Landlord shall have no obligation to refurbish or otherwise improve the Premises throughout the Lease Term; provided, however, and notwithstanding the foregoing to the Premisescontrary, including any Alterations Landlord agrees (defined i) to perform the Renovation Work, (ii) to deliver the Premises vacant, in Section 9.03broom clean condition and with all data cabling and movable furniture removed therefrom, and (iii) to provide the Tenant Improvement Allowances set forth in Item 18 of the Basic Lease Provisions which shall be disbursed in accordance with the terms and conditions of Exhibits ▇-▇, ▇-▇, and B-3.
(b) Tenant shall make no alterations, changes or additions in or to the Premises (collectively, “Leasehold ImprovementsAlterations”) without Landlord’s prior written consent, such consent not to be unreasonably withheld, conditioned or delayed, and if reasonably disapproved, Landlord shall remain upon advise Tenant of any additional changes which may be required to obtain Landlord’s approval. If Landlord disapproves of any proposed Alterations, Landlord shall respond, in writing, stating the grounds for such disapproval, within ten (10) Business Days after receipt of Tenant’s request for approval of the proposed Alterations, provided that, if Landlord fails to respond, Landlord shall be deemed to have approved the proposed Alterations. Notwithstanding the foregoing, Tenant may perform non-structural improvements to the interior of the Premises at (such as painting, carpeting and wall covering) without Landlord’s prior consent but with prior notice to Landlord, provided that: (i) the end improvements do not impact or affect the structural integrity, the roof of the Term without compensation to TenantBuilding, provided that Tenant, at its expense, removes any Required Removables the building systems (as hereinafter defined), in compliance with the National Electric Code or other applicable Law. Landlord, by written notice to Tenant at least thirty (30) days prior to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall includeincluding, without limitation, Tenant’s personal property the HVAC, electric, mechanical, plumbing, fire, or life safety systems) (the “Building Systems”) or the operation of the Building; (ii) such improvements do not cost in excess of $50,000 per floor or $500,000 in the aggregate in any one (1) calendar year; and merchandise(iii) Tenant shall, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything prior to the contrary commencement of the work, deliver to Landlord proofs of contractor insurance, in this Leaseform reasonably acceptable to Landlord, from all contractors performing such work and plans indicating the nature of the proposed improvements. In installing or constructing any Alterations, Tenant shall only use contractors reasonably approved by Landlord in writing. Without limiting the other grounds upon which Landlord may refuse to approve any contractor or subcontractor, Landlord may take into account the desirability of maintaining harmonious labor relations at the Project in approving such contractors. For any Alterations that require Landlord’s approval, Tenant shall submit to Landlord fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in connection with any Alterations, unless any such liability, claim or demand is the result of the negligence or willful misconduct of Landlord or its agent, employee or contractor. Following the (i) Phase I Premises Delivery Dates as set forth in the tables located in Item 9 of the Basic Lease Provisions for the Phase I Premises, (ii) Phase II Premises Delivery Dates as set forth in the tables located in Item 9 of the Basic Lease Provisions for the Phase II Premises, and (iii) Phase III Premises Delivery Dates as set forth in the tables located in Item 9 of the Basic Lease Provisions for the Phase III Premises, any and all costs attributable to or related to the applicable building codes of the city in which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenant’s plans, specifications, improvements, alterations or otherwise shall be paid by Tenant at its sole cost and expense.
(c) With regard to repairs, Alterations or any other work arising from or related to this ▇▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇ shall be entitled to receive an administrative/supervision fee equal to (i) One Hundred Fifty Dollars ($150) per hour for every hour reasonably and actually spent by Landlord’s construction management and/or property management personnel supervising or overseeing the Alterations, plus (ii) the actual cost of any materials expended by such construction management and/or property management personnel. Landlord shall provide reasonable documentation of the calculation of its administration/supervision fee as part of its submission to Tenant. After the initial five (5) years of the Lease Term, the foregoing hourly fee shall be reasonably adjusted based on market conditions. Landlord’s right to review plans and specifications and to monitor construction of Alterations shall be solely for its own benefit, and Landlord shall have an obligation no duty to remove see that such plans and specifications or construction comply with applicable laws, codes, rules and regulations. The construction of initial improvements to the Required Removables specifically enumerated Premises shall be governed by the terms of the Phase I Premises Work Letter, Phase II Premises Work Letter, and Phase III Premises Work Letter (each, a “Work Letter”) and not the terms of this Paragraph 4.
(d) Notwithstanding anything in this sentence Paragraph 4 to the contrary, (i) concurrently with Landlord’s approval of any Alterations and/or improvements installed by Tenant, Landlord shall notify Tenant in writing which, if any, of such Alterations and/or improvements need to be removed by Tenant from the Premises upon the expiration or earlier termination of this the Lease whether (“Alterations Removal Notice”), and (ii) Tenant shall not have any obligation to remove any Alteration and/or improvement (x) for which Landlord’s approval was requested and Landlord did not give Tenant such notice or (y) which is not Landlord delivers notice to a Specialty Improvement. Unless otherwise set forth in the Alterations Removal notice, Tenant requiring removal of shall remove all Specialty Improvements from the same as contemplated by Premises upon the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date expiration or earlier termination of this Lease. the Lease Term and Tenant shall repair any damage to the Premises (as expressly stated herein) caused by the installation or removal of Required Removablessuch removal. If Tenant fails to perform its obligations As used in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions this Lease “Specialty Improvements” means any of the Alteration are Required Removablesfollowing: any server racks, security system, card access systems, key pad door hardware, heat pumps, high density filing systems, data centers, classrooms, courtrooms, cafeteria, fitness center (including showers and other amenities for the fitness center), internal stairwells, raised floors, voice, data and other cabling, libraries, any areas requiring floor reinforcement or enhanced systems requirements, supplemental HVAC equipment or systems or components thereof, and supplemental systems and equipment used on connection therewith. If a Default has occurred and remains uncured at In addition, notwithstanding anything in this Paragraph 4 to the Expiration Datecontrary, Tenant shall not be entitled required to remove any of its personal property the Alterations and/or improvements which exist in the Premises at the time that Landlord delivers the Premises to Tenant or merchandise, without any of the express written approval of Landlord, and Tenant Improvements. Landlord shall have all rights therein as are then available not unreasonably withhold or delay its approval with respect to what improvements or Alterations Landlord by lawmay require Tenant to remove at the expiration of the Lease.
Appears in 1 contract
Sources: Office Lease (Salesforce Com Inc)
Improvements and Alterations. All improvements in (a) Tenant acknowledges that it has thoroughly and to adequatly inspected the Premises, including is satisfied with the condition thereof and accepting the same in its AS IS condition. Landlord shall be under no obligation to make any Alterations alterations, improvements or otherwise perform any other work to the Premises or any other portion of the Property.
(defined in Section 9.03b) Any alterations, additions, or improvements made by or on behalf of Tenant to the Premises (collectively, “Leasehold ImprovementsAlterations”) shall remain be subject to Landlord’s prior written consent. Tenant shall cause, at its sole cost and expense, all Alterations to comply with insurance requirements and with Laws and shall construct, at its sole cost and expense, any alteration or modification required by Laws as a result of any Alterations. All Alterations shall be constructed at Tenant’s sole cost and expense and in a good and workmanlike manner by contractors reasonably acceptable to Landlord and only good grades of materials shall be used. All plans and specifications for any Alterations shall be submitted to Landlord for its approval, which approval will not be unreasonably withheld, delayed or conditioned. Landlord may monitor construction of the Alterations. Landlord’s right to review plans and specifications and to monitor construction shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or construction comply with applicable laws, codes, rules and regulations. Landlord shall have the right, in its sole discretion, to instruct Tenant to remove those improvements or Alterations from the Premises which (i) were not approved in advance by Landlord, (ii) were not built in conformance with the plans and specifications approved by Landlord, or (iii) Landlord specified during its review of plans and specifications for Alterations would need to be removed by Tenant upon the Premises expiration of this Lease. If Landlord approved the construction of Alterations, then Tenant shall not be obligated to remove such Alterations at the end expiration of this Lease. Landlord shall not unreasonably withhold or delay its approval with respect to what improvements or Alterations Landlord may require Tenant to remove at the expiration of the Term without compensation Lease. If upon the termination of this Lease Landlord requires Tenant to Tenantremove any or all of such Alterations from the Premises, provided that then Tenant, at its Tenant’s sole cost and expense, removes any Required Removables (shall promptly remove such Alterations and improvements and Tenant shall repair and restore the Premises to its original condition as hereinafter defined)of the Commencement Date, reasonable wear and tear excepted. Any Alterations remaining in compliance the Premises following the expiration of the Lease Term or following the surrender of the Premises from Tenant to Landlord, shall become the property of Landlord unless Landlord notifies Tenant otherwise. Tenant shall provide Landlord with the National Electric Code identities and mailing addresses of all persons performing work or other applicable Law. Landlordsupplying materials, by written notice to Tenant at least thirty (30) days prior to beginning such construction, and Landlord may post on and about the Expiration Date, may require Tenant, at its expense, Premises notices of non-responsibility pursuant to remove applicable law. Tenant shall assure payment for the completion of all work free and clear of liens and shall provide certificates of insurance for worker’s compensation and other coverage in amounts and from an insurance company reasonably satisfactory to Landlord protecting Landlord against liability for bodily injury or property damage during construction. Upon completion of any Alterations that, in and upon Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Leaserequest, Tenant shall deliver to Landlord: (i) sworn statements setting forth the names of all contractors and subcontractors who did work on the Alterations;(ii) final lien waivers from all such contractors and subcontractors; (iii) a complete set of “As-Built” building plans (if applicable); and (iv) a Certificate of Occupancy for the Premises (if applicable).
(c) Tenant shall keep the Premises, the Building and the Project free from any and all liens arising out of any Alterations, work performed, materials furnished, or obligations incurred by or for Tenant. In the event that Tenant shall not, within ten (10) days following the imposition of any such lien, cause the same to be released of record by payment or posting of a bond in a form and issued by a surety acceptable to Landlord, Landlord shall have an obligation the right, but not the obligation, to remove cause such lien to be released by such means as it shall deem proper (including payment of or defense against the Required Removables specifically enumerated claim giving rise to such lien); in such case, Tenant shall reimburse Landlord for all amounts so paid by Landlord in connection therewith, together with all of Landlord’s costs and expenses, with interest thereon at the Default Rate (defined below) and Tenant shall indemnify each and all of the Landlord Indemnitees (defined below) against any damages, losses or costs arising out of any such claim. Tenant’s indemnification of Landlord contained in this sentence upon Paragraph shall survive the expiration or earlier termination of this Lease whether or not Lease. Such rights of Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date in addition to all other remedies provided herein or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by law.
Appears in 1 contract
Sources: Office Lease (CIPHERLOC Corp)
Improvements and Alterations. (a) Landlord’s sole construction obligation under this Lease is set forth in the Work Letter attached hereto as Exhibit B.
(b) Any alterations, additions, or improvements made by or on behalf of Tenant to the Premises (“Alterations”) shall be subject to Landlord’s prior written consent. Notwithstanding the foregoing sentence to the contrary, Tenant need not obtain Landlord’s consent for any minor, cosmetic non-structural Alterations totaling less than $50,000 in any calendar year during the Lease Term, provided Tenant otherwise complies with the provisions of this Paragraph 4 in installing such Alterations. Tenant shall cause, at its sole cost and expense, all Alterations to comply with insurance requirements and with Laws and shall construct, at its sole cost and expense, any alteration or modification required by Laws as a result of any Alterations. All Alterations shall be constructed at Tenant’s sole cost and expense and in a good and workmanlike manner by contractors reasonably acceptable to Landlord and only good grades of materials shall be used. All plans and specifications for any Alterations shall be submitted to Landlord for its approval, which approval will not be unreasonably withheld, delayed or conditioned. Landlord may monitor construction of the Alterations. Landlord’s right to review plans and specifications and to monitor construction shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or construction comply with applicable laws, codes, rules and regulations. Landlord shall have the right, in its sole discretion, to instruct Tenant to remove those improvements or Alterations from the Premises which
(i) were not approved in advance by Landlord, (ii) were not built in material conformance with the plans and specifications approved by Landlord, or (iii) Landlord specified during its review of plans and specifications for Alterations would need to be removed by Tenant upon the expiration of this Lease. If Landlord approved the construction of Alterations, then Tenant shall not be obligated to remove such Alterations at the expiration of this Lease. Landlord shall not unreasonably withhold, condition or delay its approval with respect to what improvements or Alterations Landlord may require Tenant to remove at the expiration of the Lease. If upon the termination of this Lease Landlord requires Tenant to remove any or all of such Alterations from the Premises, then Tenant, at Tenant’s sole cost and expense, shall promptly remove such Alterations and improvements and Tenant shall repair and restore the Premises to its original condition as of the Commencement Date, reasonable wear and tear excepted. Any Alterations remaining in the Premises following the expiration of the Lease Term or following the surrender of the Premises from Tenant to Landlord, shall become the property of Landlord unless Landlord notifies Tenant otherwise. Tenant shall provide Landlord with the identities and mailing addresses of all persons performing work or supplying materials, prior to beginning such construction, and Landlord may post on and about the Premises and record any notices of non-responsibility pursuant to applicable law. Tenant shall assure payment for the completion of all work free and clear of liens and shall provide certificates of insurance for worker’s compensation and other coverage in amounts and from an insurance company reasonably satisfactory to Landlord protecting Landlord against liability for bodily injury or property damage during construction. Tenant shall pay to Landlord, as additional rent, the actual and reasonable costs of Landlord’s engineers and other consultants (but not Landlord’s on-site management personnel) for review of all plans, specifications and working drawings for the Alterations and for the incorporation of such Alterations in the Landlord’s master Building drawings, within ten (10) business days after Tenant’s receipt of invoices either from Landlord or such consultants. In addition to such costs, Tenant shall pay to Landlord, within ten (10) business days after completion of any Alterations, the actual, reasonable costs incurred by Landlord for services rendered by Landlord’s management personnel and engineers to coordinate and/or supervise any of the Alterations to the extent such services are provided in excess of or after the normal on-site hours of such engineers and management personnel.
(c) Tenant shall keep the Premises, the Building and the Project free from any and all liens arising out of any Alterations, work performed, materials furnished, or obligations incurred by or for Tenant. In the event that Tenant shall not, within twenty (20) days following the imposition of any such lien, cause the same to be released of record by payment or posting of a bond in a form and issued by a surety acceptable to Landlord, Landlord shall have the right, but not the obligation, to cause such lien to be released by such means as it shall deem proper (including payment of or defense against the claim giving rise to such lien); in such case, Tenant shall reimburse Landlord for all reasonable and actual amounts so paid by Landlord in connection therewith, together with all of Landlord’s reasonable and actual costs and expenses, with interest thereon at the Default Rate (defined below). Tenant agrees to indemnify, defend and hold Landlord, the Premises and the Project, harmless from all claims (including all costs and expenses of defending against such claims) arising or alleged to arise from any act or omission of Tenant or Tenant’s agents, employees, contractor, subcontractors, suppliers, materialmen, architects, designers, surveyors, engineers, consultants, laborers, or invitees, or arising from any bodily injury or property damage occurring or alleged to have occurred incident to any of the work to be performed by Tenant or its contractors or subcontractors with respect to the Premises, including any Alterations (defined the Tenant Improvements as set forth in Section 9.03) (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation Exhibit B to Tenant, provided that Tenant, at its expense, removes any Required Removables (as hereinafter defined), in compliance with the National Electric Code or other applicable Lawthis Lease. Landlord, by written notice to Tenant at least thirty (30) days prior to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary indemnification of Landlord contained in this Lease, Tenant Paragraph shall have an obligation to remove the Required Removables specifically enumerated in this sentence upon survive the expiration or earlier termination of this Lease whether or not Lease. Such rights of Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date in addition to all other remedies provided herein or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by law.
(d) NOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES.
Appears in 1 contract
Sources: Office Lease (Health Net Inc)
Improvements and Alterations. (a) Landlord’s sole construction obligation under this Lease is set forth in the Work Letter attached hereto as Exhibit B.
(b) Any alterations, additions, or improvements made by or on behalf of Tenant to the Premises after the Tenant Improvements are substantially completed by Landlord (“Alterations”) shall be subject to Landlord’s prior written consent. Notwithstanding the foregoing, provided Tenant otherwise complies with the provisions of this ▇▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇’s consent shall not be required for any Alterations costing less than $30,000. Tenant shall cause, at its sole cost and expense, all Alterations to comply with insurance requirements and with Laws and shall construct, at its sole cost and expense, any alteration or modification required by Laws as a result of any Alterations. All improvements Alterations shall be constructed at Tenant’s sole cost and expense and in a good and workmanlike manner by contractors reasonably acceptable to Landlord and only good grades of materials shall be used. All plans and specifications for any Alterations shall be submitted to Landlord for its approval, which approval will not be unreasonably withheld, delayed or conditioned. Landlord may monitor construction of the Alterations. Landlord’s right to review plans and specifications and to monitor construction shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or construction comply with applicable laws, codes, rules and regulations. Landlord shall have the right, in its sole discretion, to instruct Tenant to remove those improvements or Alterations from the Premises which (i) were not approved in advance by Landlord, (ii) were not built in conformance with the plans and specifications approved by Landlord, or (iii) Landlord specified during its review of plans and specifications for Alterations would need to be removed by Tenant upon the expiration of this Lease. If Landlord approved the construction of Alterations, then Tenant shall not be obligated to remove such Alterations at the expiration of this Lease. Landlord shall not unreasonably withhold or delay its approval with respect to what improvements or Alterations Landlord may require Tenant to remove at the expiration of the Lease. If upon the termination of this Lease Landlord requires Tenant to remove any or all of such Alterations from the Premises, including any Alterations (defined in Section 9.03) (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that then Tenant, at its Tenant’s sole cost and expense, removes any Required Removables (shall promptly remove such Alterations and improvements and Tenant shall repair and restore the Premises to its original condition as hereinafter defined)of the Commencement Date, reasonable wear and tear excepted. Any Alterations remaining in compliance the Premises following the expiration of the Lease Term or following the surrender of the Premises from Tenant to Landlord, shall become the property of Landlord unless Landlord notifies Tenant otherwise. Tenant shall provide Landlord with the National Electric Code identities and mailing addresses of all persons performing work or other applicable Law. Landlordsupplying materials, by written notice to Tenant at least thirty (30) days prior to beginning such construction, and Landlord may post on and about the Expiration Date, may require Tenant, at its expense, Premises notices of non-responsibility pursuant to remove applicable law. Tenant shall assure payment for the completion of all work free and clear of liens and shall provide certificates of insurance for worker’s compensation and other coverage in amounts and from an insurance company reasonably satisfactory to Landlord protecting Landlord against liability for bodily injury or property damage during construction. Upon completion of any Alterations that, in and upon Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Leaserequest, Tenant shall deliver to Landlord: (i) sworn statements setting forth the names of all contractors and subcontractors who did work on the Alterations;(ii) final lien waivers from all such contractors and subcontractors; (iii) a complete set of “As-Built” building plans (if applicable); and (iv) a Certificate of Occupancy for the Premises (if applicable).
(c) Tenant shall keep the Premises, the Building and the Project free from any and all liens arising out of any Alterations, work performed, materials furnished, or obligations incurred by or for Tenant. In the event that Tenant shall not, within ten (10) days following the imposition of any such lien, cause the same to be released of record by payment or posting of a bond in a form and issued by a surety acceptable to Landlord, Landlord shall have an obligation the right, but not the obligation, to remove cause such lien to be released by such means as it shall deem proper (including payment of or defense against the Required Removables specifically enumerated claim giving rise to such lien); in such case, Tenant shall reimburse Landlord for all amounts so paid by Landlord in connection therewith, together with all of Landlord’s costs and expenses, with interest thereon at the Default Rate (defined below) and Tenant shall indemnify each and all of the Landlord Indemnitees (defined below) against any damages, losses or costs arising out of any such claim. Tenant’s indemnification of Landlord contained in this sentence upon Paragraph shall survive the expiration or earlier termination of this Lease whether or not Lease. Such rights of Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date in addition to all other remedies provided herein or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by law.
Appears in 1 contract
Sources: Office Lease (EVO Transportation & Energy Services, Inc.)
Improvements and Alterations. All (a) Landlord’s sole construction obligation under this Lease is set forth in Section 19(aa) of this Lease.
(b) Tenant shall make no alterations, additions or improvements (“Alterations”) on or behalf of Tenant to the Premises or the Project without obtaining Landlord’s prior written consent, such consent not to be unreasonably withheld or delayed. Notwithstanding anything herein to the contrary, Tenant, may, without Landlord’s prior written consent, but with prior written notice to Landlord and provided that Tenant complies with all Building rules and regulations affecting Alterations promulgated in and accordance with Section 19(t), install cosmetic, non-structural alterations to the interior of the Premises costing $50,000.00 or less in any calendar year, provided the same do not affect the Building systems, including, without limitation, the mechanical, electrical, plumbing, HVAC or life-safety systems of the Building. Tenant shall make no Alterations to the Premises, including including, without limitation any Alterations (defined i) which will adversely impact the Building’s mechanical, electrical or heating, ventilation or air conditioning systems, or (ii) which will adversely impact the structure of the Building, or (iii) which are visible from the exterior of the Premises (subject to Addendum Four, excluding Tenant’s generators), or (iv) which will result in Section 9.03the penetration or puncturing of the roof, without first obtaining Landlord’s prior written consent or approval to such Alterations (which consent or approval shall be in the Landlord’s reasonable discretion and shall not be unreasonably delayed. All Alterations shall be constructed at Tenant’s sole cost and expense and in a good and workmanlike manner by contractors reasonably acceptable to Landlord and only good grades of materials shall be used. All plans and specifications for any Alterations shall be submitted to Landlord for its approval, which approval will not be unreasonably withheld, delayed or conditioned. Landlord may monitor construction of the Alterations. Landlord’s right to review plans and specifications and to monitor construction shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or construction comply with applicable laws, codes, rules and regulations. Landlord shall have the right, in its reasonable discretion, to instruct Tenant to remove those improvements or Alterations from the Premises (but not the Tenant Improvements which were approved by Landlord as set forth in the Final Plans) which (collectivelyi) were not approved in advance by Landlord, “Leasehold Improvements”(ii) shall remain were not built in conformance with the plans and specifications approved by Landlord, or (iii) Landlord specified during its review of plans and specifications for Alterations would need to be removed by Tenant upon the Premises expiration of this Lease. If Landlord approved the construction of Alterations, then Tenant shall not be obligated to remove such Alterations at the end expiration of this Lease, unless Landlord specified to Tenant at the time of such approval that Tenant would be required to remove such Alterations upon the expiration of the Term without compensation Lease Term. Landlord shall not unreasonably withhold or delay its approval with respect to Tenantwhat improvements or Alterations Landlord may require Tenant to remove at the expiration of the Lease. If upon the termination of this Lease Landlord requires Tenant to remove any or all of such Alterations from the Premises, provided that then Tenant, at its Tenant’s sole cost and expense, removes shall promptly remove such Alterations and improvements and Tenant shall repair and restore the Premises to its original condition as of the Commencement Date, reasonable wear and tear excepted. Any Alterations remaining in the Premises following the expiration of the Lease Term or following the surrender of the Premises from Tenant to Landlord, shall become the property of Landlord unless Landlord notifies Tenant otherwise. Tenant shall not be entitled to any Required Removables (as hereinafter defined)compensation, reimbursement or other payment at the termination of the Lease or otherwise for any Alterations to the Premises. Tenant shall assure payment for the completion of all work free and clear of liens and shall provide certificates of insurance for worker’s compensation and other coverage in amounts and from an insurance company reasonably satisfactory to Landlord protecting Landlord against liability for bodily injury or property damage during construction. Upon completion of any Alterations and upon Landlord’s reasonable request, Tenant shall deliver to Landlord final lien waivers from all such contractors and subcontractors. Notwithstanding anything herein to the contrary, in compliance with the National Electric Code or other applicable Law. Landlord, by written notice to no event shall Tenant at least thirty (30) days prior to the Expiration Date, may require Tenant, at its expense, be required to remove any Alterations thatof the initial Tenant Improvements constructed in the Premises in accordance with Exhibit B hereto.
(c) Tenant shall keep the Premises, in Landlord’s reasonable judgmentthe Building and the Project free from any and all liens arising out of the construction of the Tenant Improvements, are any Alterations, work performed, materials furnished, or obligations incurred by or for Tenant. In the event that Tenant shall not, within ten (10) days following the imposition of any such lien, cause the same to be released of record by payment or posting of a nature that would require removal bond in a form and repair costs that are materially issued by a surety acceptable to Landlord, Landlord shall have the right, but not the obligation, to cause such lien to be released by such means as it shall deem proper (including payment of or defense against the claim giving rise to such lien); in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Leasecase, Tenant shall have an obligation to remove reimburse Landlord for all amounts so paid by Landlord in connection therewith, together with all of Landlord’s costs and expenses, with interest thereon at the Required Removables specifically enumerated Default Rate (defined below) and Tenant shall indemnify each and all of the Landlord Indemnitees (defined below) against any damages, losses or costs arising out of any such claim. Tenant’s indemnification of Landlord contained in this sentence upon Paragraph shall survive the expiration or earlier termination of this Lease whether or not Lease. Such rights of Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date in addition to all other remedies provided herein or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by law.
Appears in 1 contract
Sources: Office Lease (Digitalglobe Inc)
Improvements and Alterations. All improvements in and to the Premises, including any Alterations (defined in Section 9.03a) (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of During the Term without compensation to of this Lease and following completion of Tenant's Work, provided that Tenant, at its own expense, removes any Required Removables (as hereinafter defined)may make non-structural alterations, in compliance with the National Electric Code or other applicable Law. Landlord, by written notice to Tenant at least thirty (30) days prior to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal additions and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall includeincluding, without limitation, interior painting and decorating) to the interior of the Premises which are necessary or appropriate for the conduct of Tenant’s personal property 's business with Landlord's prior written consent and merchandisein accordance with detailed working drawings and specifications describing such work which have been submitted in advance to, interior and exterior signageapproved in writing by, internal stairways, raised floors, personal baths Landlord and showers, vaults, rolling file systems and structural with a contractor approved by Landlord. Landlord's consent to such alterations and modifications and, notwithstanding anything to approval of Tenant's contractor shall not be unreasonably withheld or delayed. During the contrary in Term of this Lease, Tenant, at Tenant's own expense, may alter the existing curtain wall on any of the facades of the Premises to install louvers for additional outside air and/or exhaust air, at Tenant's option, but subject to Landlord's prior written consent (such consent not to be unreasonably withheld) and in accordance with detailed working drawings and specifications which have been submitted in advance to and approved in writing by Landlord. Tenant shall have an obligation pay all costs of preparing plans, drawings and specifications. Such alterations, additions and improvements (specifically excluding movable personal property installed by Tenant) are hereinafter collectively called the "Improvements". All the Improvements, whether placed in or attached to or made part of the Premises prior to or during the Term of this Lease, shall become and be Landlord's property and, unless Landlord otherwise elects, shall be and remain part of the Premises as of the expiration or earlier termination of the Lease. Landlord shall notify Tenant in writing at the time Landlord approves Tenant's plans for Improvements of its election to require Tenant to remove the Required Removables specifically enumerated in this sentence any or all of its Improvements upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal Lease. Construction of the same as contemplated by the immediately preceding sentence. The Required Removables Improvements shall be removed performed diligently and in a good and workmanlike manner and shall be expeditiously completed in compliance with all laws, ordinances, orders, rules, regulations and requirements. All work done in connection with the Improvements shall comply with all requirements of insurance policies maintained by Landlord and Tenant. Tenant, at its expense, shall procure all permits and licenses required by any governing authority having jurisdiction over the Premises and the business to be conducted in the Premises. Tenant before shall promptly pay all costs and expenses of the Expiration Date Improvements and shall furnish indemnification bonds against performance, liens, costs, damages and expenses in forms and amounts reasonably satisfactory to Landlord, in connection with all alterations and Improvements. At the expiration or earlier termination of this Lease, Tenant shall remove all of this personal property other than the Improvements, and, at the option of Landlord, Tenant shall remove any or all of the Improvements. If Landlord elects to have Tenant remove the Improvements, Landlord shall not require removal of pipes, wires and the like from walls, ceilings or floors provided that Tenant properly cuts, caps and disconnects such pipes and wires and seals them off in a safe and lawful manner flush with the applicable wall, floor or ceiling and redecorates the area consistent with the remainder of the Premises. Tenant shall repair damage maintain the Improvements in a first class manner during the Term -of the Lease, as extended, and shall be responsible for any and all damages to the Premises, the fixtures, appurtenances and equipment of Landlord or the Building caused by the installation installation, malfunction or removal of Required Removables. If Tenant fails the Improvements or Tenant's Property as defined in Section 9 below.
(b) In order to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at protect the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions historical and architectural integrity and appearance of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration DateBuilding, Tenant shall not install any signs on the exterior of the Building or Premises or in the interior of the Premises if visible from the exterior of the Premises except as permitted by this paragraph or as approved in the Plans and Specifications. All signs or lettering, if any, visible from the exterior of the Building or from the lobby, public corridors or in any other common area or public place must be entitled submitted by Tenant to remove any of its personal property or merchandise, without the express Landlord for prior written approval of Landlordthe size, color, design, and Landlord shall have all rights therein as are then available location of such signs or lettering before installation. Tenant may hang its own window blinds or curtains in the Premises subject to Landlord by lawLandlord's prior written approval.
Appears in 1 contract
Sources: Lease Agreement (BGS Systems Inc)
Improvements and Alterations. All (a) Tenant will not make or suffer to be made any alterations, additions or improvements in and to or of the Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Akzo Nobel's written approval which approval shall not be unreasonably withheld. Any alterations, additions or improvements to the PremisesPremises consented to by Akzo Nobel shall be made by Tenant at Tenant's sole cost and expense, including and any Alterations contractor or other person selected by Tenant to make the same shall be subject to Akzo Nobel's prior written approval which approval shall not be unreasonably withheld. At Akzo Nobel's option, all alterations, additions, fixtures and improvements (defined exclusive of Tenant's office furniture, business machinery, and trade fixtures), whether temporary or permanent in Section 9.03) (collectivelycharacter, “Leasehold Improvements”) shall remain made in or upon the Premises either by Tenant, or by Akzo Nobel on behalf of Tenant, shall immediately become Akzo Nobel's property and, at the end of the Term hereof, shall remain on the Premises without compensation to Tenant, provided that Tenant, at its expense, removes any Required Removables (as hereinafter defined), in compliance with the National Electric Code or other applicable Law. Landlord, by Akzo Nobel upon written notice to Tenant at least thirty (30) days prior the expiration or other termination of this Lease shall have the option to the Expiration Daterequire Tenant to remove any additions, may require improvements, alterations, fixtures and/or installations made by Tenant, or by Akzo Nobel on behalf of Tenant, at its Tenant's sole cost and expense and shall restore the Premises to their original condition as delivered to Tenant by Akzo Nobel at the commencement of the Lease, ordinary wear and tear, damage thereto by fire, earthquake, Act of God excepted. If Tenant should fail to restore the Premises to their original condition after notice from Akzo Nobel, then Akzo Nobel may, at Akzo Nobel's option, restore the Premises to their original condition and Tenant shall promptly reimburse Akzo Nobel for the cost of such work. Tenant may remove any of Tenant's office furniture, business machinery, or trade fixtures from the Premises which can be removed without damage to the Premises. Tenant shall promptly repair, at Tenant's expense, any damage to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the Premises caused by the removal and repair costs associated with standard of such office improvements (such items collectively are referred to as “Required Removables”)furniture, business machinery, or trade fixtures. Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding Notwithstanding anything to the contrary in this Lease, above (i) Tenant shall have an obligation will not be required or permitted to remove Landlord's Work and (ii) if Tenant seeks to make any improvements to the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Premises, Akzo Nobel must advise Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alterationapproves Tenant's plans, may request in writing that Landlord advise Tenant whether Akzo Nobel will require the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as improvements to which portions be removed at the end of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by lawLease.
Appears in 1 contract
Sources: Lease Agreement (Just Toys Inc)
Improvements and Alterations. (a) Landlord’s sole construction obligation under this Lease is set forth in the Work Letter attached hereto as Exhibit B.
(b) Any alterations, additions, or improvements made by or on behalf of Tenant to the Premises (“Alterations”) shall be subject to Landlord’s prior written consent. Tenant shall cause, at its sole cost and expense, all Alterations to comply with insurance requirements and with Laws and shall construct, at its sole cost and expense, any alteration or modification required by Laws as a result of any Alterations. All improvements Alterations shall be constructed at Tenant’s sole cost and expense and in a good and workmanlike manner by contractors reasonably acceptable to Landlord and only good grades of materials shall be used. All plans and specifications for any Alterations shall be submitted to Landlord for its approval, which approval will not be unreasonably withheld, delayed or conditioned. Landlord may monitor construction of the Alterations. Tenant shall reimburse Landlord for all out-of-pocket sums, if any, paid by Landlord for third party examination of Tenant’s plans and specifications for any Alterations. In addition, Tenant shall be obligated to pay Landlord a coordination fee equal to five percent (5%) of the actual costs of any of such Alterations, which coordination fee shall be paid to Landlord promptly following the completion of the construction of the Alterations. Landlord’s right to review plans and specifications and to monitor construction shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or construction comply with applicable laws, codes, rules and regulations. Landlord shall have the right, in its sole discretion, to instruct Tenant to remove those improvements or Alterations from the Premises which (i) were not approved in advance by Landlord, (ii) were not built in conformance with the plans and specifications approved by Landlord, or (iii) Landlord specified during its review of plans and specifications for Alterations would need to be removed by Tenant upon the expiration of this Lease. If Landlord approved the construction of Alterations, then Tenant shall not be obligated to remove such Alterations at the expiration of this Lease. Landlord shall not unreasonably withhold or delay its approval with respect to what improvements or Alterations Landlord may require Tenant to remove at the expiration of the Lease. If upon the termination of this Lease, Landlord requires Tenant to remove any or all of such Alterations from the Premises, including any Alterations (defined in Section 9.03) (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that then Tenant, at its Tenant’s sole cost and expense, removes shall promptly remove such Alterations and improvements and Tenant shall repair and restore the Premises to its original condition as of the Commencement Date, reasonable wear and tear excepted. Any Alterations remaining in the Premises following the expiration of the Lease Term or following the surrender of the Premises from Tenant to Landlord, shall become the property of Landlord unless Landlord notifies Tenant otherwise. If Tenant does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord’s election (i) conveyed such property to Landlord without compensation or (ii) abandoned such property, and Landlord may dispose of or store any Required Removables (as hereinafter defined)part thereof in any manner at Tenant’s sole cost, in compliance without waiving Landlord’s right to claim from Tenant all expenses arising out of Tenant’s failure to remove the property, and without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such personal property. If Landlord elects abandonment, Tenant shall pay to Landlord, upon demand, any expenses incurred for disposition. Tenant shall provide Landlord with the National Electric Code identities and mailing addresses of all persons performing work or other applicable Law. Landlordsupplying materials, by written notice to Tenant at least thirty (30) days prior to beginning such construction, and Landlord may post on and about the Expiration Date, may require Tenant, at its expense, Premises notices of non-responsibility pursuant to remove applicable law. Tenant shall assure payment for the completion of all work free and clear of liens and shall provide certificates of insurance for worker’s compensation and other coverage in amounts and from an insurance company reasonably satisfactory to Landlord protecting Landlord against liability for bodily injury or property damage during construction. Upon completion of any Alterations that, in and upon Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Leaserequest, Tenant shall deliver to Landlord sworn statements setting forth the names of all contractors and subcontractors who did work on the Alterations and final lien waivers from all such contractors and subcontractors.
(c) Tenant shall keep the Premises, the Building and the Project free from any and all liens arising out of any Alterations, work performed, materials furnished, or obligations incurred by or for Tenant. In the event that Tenant shall not, within ten (10) days following the imposition of any such lien, cause the same to be released of record by payment or posting of a bond in a form and issued by a surety acceptable to Landlord, Landlord shall have an obligation the right, but not the obligation, to remove cause such lien to be released by such means as it shall deem proper (including payment of or defense against the Required Removables specifically enumerated claim giving rise to such lien); in such case, Tenant shall reimburse Landlord for all amounts so paid by Landlord in connection therewith, together with all of Landlord’s costs and expenses, with interest thereon at the Default Rate (defined below) and Tenant shall indemnify each and all of the Landlord Indemnitees (defined below) against any damages, losses or costs arising out of any such claim. Tenant’s indemnification of Landlord contained in this sentence upon Paragraph shall survive the expiration or earlier termination of this Lease whether or not Lease. Such rights of Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date in addition to all other remedies provided herein or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by law.
Appears in 1 contract
Improvements and Alterations. All improvements Tenant covenants and agrees that it will construct the Facility and make any other improvements, changes, installations, renovations, additions or alterations in and about the Demised Premises in accordance with the terms and provisions of the Agreement and this lease. Tenant shall provide Landlord with "as built" plans for any work completed by Tenant pursuant to this section 17. After Tenant constructs the Facility and if Tenant installs or makes any other improvements, additions, installations, renovations, changes or alterations to the Demised Premises, such improvements shall be the property of Tenant as provided in section 3.2 hereof. The Facility and all other improvements, changes, additions, installations, renovations or alterations (including any Alterations (defined in Section 9.03) (collectively, “Leasehold Improvements”all equipment and movable trade fixtures necessary to maintain the Facility as an ongoing operating Facility) shall remain upon be subject to purchase by Landlord, in accordance with the Premises at the end terms and provisions of the Term without compensation Agreement, subject to Tenantthe lien of the mortgage, provided that Tenant, at its expense, removes any Required Removables (as hereinafter defined)if then outstanding, in compliance with the National Electric Code or other applicable Law. Landlord, by written notice to Tenant at least thirty (30) days prior to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess favor of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Lease, Tenant shall have an obligation to remove the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same leasehold mortgagee as contemplated by the immediately preceding sentenceCredit Agreement, which mortgage shall remain a lien on the Facility and any such improvements until all obligations of Tenant to such leasehold mortgagee are satisfied in full or discharged. The Required Removables shall be removed by If Landlord has not exercised such right to purchase, upon Landlord's giving 6 months advance notice to Tenant before the Expiration Termination Date or earlier termination of this Lease. Tenant shall repair damage caused by the installation upon Landlord's giving 30 days advance notice before or after Tenant's removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions from or abandonment of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration DateDemised Premises, whichever is applicable, Tenant shall not be entitled remove forthwith the Facility and all other improvements, additions, installations, renovations, changes or alterations, level the land to remove grade level and thereafter pave the Demised Premises with six inches of concrete as a parking lot. if Tenant exercises any of its personal options to purchase the Demised Premises described in section 39 hereunder, any improvements, additions, alterations, installations, renovations or changes not already the property or merchandise, without of Tenant shall become the express written approval property of Landlord, and Landlord shall have all rights therein as are then available to Landlord by lawTenant upon the closing of the purchase of the Demised Premises.
Appears in 1 contract
Sources: Lease (NRG Generating U S Inc)
Improvements and Alterations. Any and all alterations, installations, additions, and improvements (“Improvements”) to the Premises shall be made only upon the written approval of Landlord, which approval may be withheld in Landlord’s sole discretion. Improvements by or on behalf of Tenant shall be made at Tenant’s sole cost and expense and any contractor or person selected by Tenant to make Improvements must first be approved in writing by Landlord. Tenant shall reimburse Landlord for the reasonable cost of any third party engaged by Landlord to review specifications for and/or supervise any material Improvements. All improvements Improvements, together with all repairs required to be made by Tenant, shall be made in a good and workmanlike manner and in compliance with all governmental requirements and rating bureau recommendations, and shall be performed by competent and qualified persons or entities. Tenant shall obtain all necessary permits from governmental authorities and provide Landlord with copies thereof prior to commencing construction of any Improvements. Tenant shall promptly repair any damage and perform any necessary cleanup to the Premises resulting from any Improvements made by Tenant. All Improvements, temporary or permanent (except trade fixtures, furniture and equipment belonging to Tenant which are removable) in or upon the Premises, including any Alterations (defined in Section 9.03) (collectivelywhether placed there by Tenant or Landlord, “Leasehold Improvements”) shall be Landlord’s property and shall remain upon the Premises at (except to the end extent Landlord requires such Improvements to be removed), all without compensation, allowance or credit to Tenant and shall not constitute Additional Rent or payment in lieu of Rent. Tenant agrees not to create, incur, impose, permit, or suffer to exist any lien or other obligation against the Term without compensation Premises or Landlord by reason of any Improvement or any repair or decoration permitted or required to Tenantbe made by Tenant pursuant to this Lease, provided that Tenantand ▇▇▇▇▇▇ agrees to indemnify, at defend, and hold harmless Landlord from and against any such lien claim. Nothing herein shall be deemed to create the relationship of principal and agent between Landlord and Tenant or authorize any contractor, subcontractor, or material supplier to place any lien against the Premises, Building or Property. At its expense, removes any Required Removables (as hereinafter defined), in compliance with the National Electric Code or other applicable Law. Landlord, by written notice to Tenant at least thirty (30) days prior to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Lease, Tenant shall have an obligation cause to remove the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely mannerdischarged, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within within ten (10) days after receipt of the filing thereof, any construction lien claim filed against the Premises for work claimed to have been done for, or materials claimed to have been furnished to, or on behalf of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by law.
Appears in 1 contract
Sources: Commercial Lease
Improvements and Alterations. All (a) Landlord's sole initial construction obligation under this Lease is set forth in the Work Letter attached hereto as Exhibit B.
(b) Any alterations, additions, or improvements in and made by or on behalf of Tenant to the Premises ("Alterations") shall be subject to Landlord's prior written consent, such consent not to be unreasonably withheld or delayed. Notwithstanding the foregoing to the contrary, Tenant shall not make (i) any structural alterations, improvements or additions to the Premises, including or (ii) any alterations, improvements or additions to the Premises which (a) will adversely impact the Building's mechanical, electrical or heating, ventilation or air conditioning systems, or (b) will adversely impact the structure of the Building, or (c) are visible from the exterior of the Premises, or (d) which will result in the penetration or puncturing of the roof or floor, without, in each case, first obtaining Landlord's prior written consent or approval to such Alterations (which consent or approval shall be in the Landlord's sole and absolute discretion). Notwithstanding anything herein to the contrary, Tenant, may, without Landlord's prior consent, but with prior written notice to Landlord and provided that Tenant complies with all Building rules and regulations affecting Alterations promulgated in accordance with Section 19(t), install cosmetic, non-structural alterations to the interior of the Premises costing $25,000.00 or less in any calendar year, provided the same do not affect the Building systems, including, without limitation, the mechanical, electrical, plumbing or life-safety systems of the Building. Tenant shall cause, at its sole cost and expense, all Alterations to comply with insurance requirements and with Laws and shall construct, at its sole cost and expense, any alteration or modification required by Laws as a result of any Alterations, unless such compliance with Laws is otherwise Landlord's obligation under this Lease. All Alterations shall be constructed at Tenant's sole cost and expense and in a good and workmanlike manner by contractors reasonably acceptable to Landlord and only good grades of materials shall be used. If the improvements or Alterations require the issuance of a building permit, then all plans and specifications for any Alterations shall be submitted to Landlord for its approval, which approval will not be unreasonably withheld, delayed or conditioned. If Landlord does not notify Tenant in writing of any specific obligations thereto within twenty (defined 20) days after Landlord's receipt of such plans and specifications, Landlord will be deemed to have approved such plans and specifications as submitted. Landlord may monitor construction of the Alterations. Landlord's right to review plans and specifications and to monitor construction shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or construction comply with applicable laws, codes, rules and regulations. Landlord shall have the right, in Section 9.03its sole discretion, to instruct Tenant to remove those improvements or Alterations from the Premises which (i) were required to be consented to by Landlord but were not approved in advance by Landlord, (collectively, “Leasehold Improvements”ii) shall remain N/A or (iii) Landlord specified in writing during its review of plans and specifications that such Alterations would need to be removed by Tenant upon the Premises at expiration of this Lease. If upon the end termination of this Lease Landlord requires Tenant to remove any or all of such Alterations from the Term without compensation to TenantPremises, provided that then Tenant, at its Tenant's sole cost and expense, removes any Required Removables (as hereinafter defined)shall promptly remove such Alterations and improvements and Tenant shall repair and restore the Premises to its original condition after completion of the Tenant Improvements and not including subsequent improvements that Tenant is not required to remove, reasonable wear and tear, repairs which are the responsibility of Landlord, repairs which are covered by Landlord's insurance and damage due to fire or other casualty or condemnation excepted. Any Alterations remaining in compliance the Premises following the expiration of the Lease Term or following the surrender of the Premises from Tenant to Landlord, shall become the property of Landlord. Tenant shall provide Landlord with the National Electric Code identities and mailing addresses of all persons performing work or supplying materials, prior to beginning such construction, and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable law. Tenant shall assure payment for the completion of all work free and clear of liens and shall provide certificates of insurance for worker's compensation and other applicable Lawcoverage in amounts and from an insurance company reasonably satisfactory to Landlord protecting Landlord against liability for bodily injury or property damage during construction. Upon completion of any Alterations and upon Landlord's reasonable request, Tenant shall deliver to Landlord sworn statements setting forth the names of all contractors and subcontractors who did work on the Alterations and final lien waivers from all such contractors and subcontractors.
(c) Tenant shall keep the Premises, the Building and the Project free from any and all liens arising out of any Alterations, work performed, materials furnished, or obligations incurred by written notice to or for Tenant. In the event that Tenant at least shall not, within thirty (30) days prior following written notice from Landlord of the imposition of any such lien, cause the same to be released of record by payment or posting of a bond, Landlord shall have the Expiration Dateright, may require Tenant, at its expensebut not the obligation, to remove any Alterations that, cause such lien to be released by such means as it shall reasonably deem proper (including payment of or defense against the claim giving rise to such lien); in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Leasecase, Tenant shall have an obligation to remove reimburse Landlord for all reasonable amounts so paid by Landlord in connection therewith, together with all of Landlord's reasonable costs and expenses, with interest thereon at the Required Removables specifically enumerated Default Rate (defined below) and Tenant shall indemnify each and all of the Landlord Indemnitees (defined below) against any damages, losses or costs arising out of any such claim. Tenant's indemnification of Landlord contained in this sentence upon Paragraph shall survive the expiration or earlier termination of this Lease whether or not Lease. Such rights of Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date in addition to all other remedies provided herein or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by law.
Appears in 1 contract
Improvements and Alterations. All improvements in and Lessor agrees to furnish the demised premises to the PremisesLessee at the fixturing date with those improvements set forth as Lessor's Improvements in Schedule "C" attached hereto. The Lessee agrees to be responsible for the installation at the fixturing date at its sole risk, including cost and expense of the Lessee's Improvements in accordance with the rules and regulations as set forth in Schedule "D" attached hereto. Should the Lessee require any Alterations (defined alterations, improvements, partitions, or changes of whatsoever kind to or in Section 9.03) (collectivelythe demised premises after the Lessee has taken possession thereof, “Leasehold Improvements”) the Lessee will make and install the same at its own expense; PROVIDED HOWEVER, that no repairs, alterations, improvements, partitions, or changes of whatsoever kind shall be made without the written consent of the Lessor first had and obtained, such consent not to be unreasonably withheld; PROVIDED FURTHER, that any such repairs, alterations, improvements, partitions, or changes of whatsoever kind shall be made in a good and workmanlike manner with new, first-class materials and shall be carried out and the plans relating thereto shall be prepared by such tradesman, engineers or consultants as are approved by the Lessor. All alterations, improvements, partitions and changes made in or to the demised premises at any time before or after the taking of possession by the Lessee, by the Lessee or the Lessor, shall immediately become the property of the Lessor and form part of the demised premises and the building and shall remain upon the Premises demised premises; PROVIDED ALWAYS that the Lessor may at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, removes any Required Removables (as hereinafter defined), in compliance with the National Electric Code or other applicable Law. Landlord, by written notice to Tenant at least thirty (30) days prior to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Lease, Tenant shall have an obligation to remove the Required Removables specifically enumerated in this sentence upon the expiration or earlier sooner termination of this Lease whether for any reason whatsoever require that the Lessee restore the demised premises in whole or not Landlord delivers notice in part to Tenant requiring removal the same condition in which they were at the time of the same entering into of this Lease, the exceptions to the Lessee's repair obligations only excepted. The Lessee shall not remove any furniture, leasehold improvements, fixtures, chattels of any kind from the demised premises without the prior consent of the Lessor and until all rents and other monies due are fully paid. 34 No signs shall be installed in or on the demised premises or the building or the lands without the prior consent of the Lessor, and, in any event, all signs shall conform to building standard as contemplated to size and design, shall be installed by the immediately preceding sentence. The Required Removables Lessee and, at the termination of this Lease, shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. Tenant shall repair Lessee and any damage caused by the installation or such removal of Required Removables. If Tenant fails to perform its obligations in a timely mannershall be repaired, Landlord may perform such work at Tenant’s expense. Tenant, all at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether expense of the Alteration is a Required RemovableLessee. Within ten (10) days after receipt All such signs shall require the written consent of Tenant’s request, Landlord shall advise Tenant in writing the Lessor as to which portions of location and design before their installation and the Alteration are Required Removables. If a Default has occurred and remains uncured Lessee shall be responsible at the Expiration Date, Tenant shall not be entitled to remove any of its personal property sole cost for obtaining all appropriate municipal or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by lawregulatory approvals.
Appears in 1 contract
Improvements and Alterations. All Subtenant shall not make any alterations, additions or improvements to the Subleased Premises (“Alterations”) without the prior written consent of and approval of plans and specifications therefor by (a) Sublandlord, which consent shall not be unreasonably withheld, conditioned or delayed provided that (1) no Subtenant Default exists, (2) the Alterations in question comply with the terms and conditions of the Prime Lease and (3) the Alterations in question would not be required to be removed at the expiration or termination of this Sublease (unless Subtenant agrees to remove any such Alterations at its expense as a condition of Sublandlord’s consent), and (b) Landlord if Landlord’s consent is required under the Prime Lease. In addition to any other reasonable basis upon which Sublandlord may deny, withhold or condition consent to any proposed Alterations, Subtenant agrees that any denial, withholding or conditioning of consent by Landlord shall be deemed a reasonable basis upon which Sublandlord may deny, withhold or condition its consent to the proposed Alterations. Sublandlord agrees to submit to Landlord any request for Landlord consent and approval of plans and specifications and to reasonably cooperate with Subtenant, at no cost to Sublandlord, in obtaining any such consent from Landlord. Any Alterations to the PremisesSubleased Premises shall be undertaken in accordance with Section 4 of the Prime Lease. Sublandlord may require any noisy or disruptive work, including or work that emits offensive odors, that Subtenant intends to perform be performed outside of the Business Hours set forth in Exhibit C of the Prime Lease. Subtenant shall indemnify, defend and hold harmless Sublandlord for any claims of Landlord or any third parties (including, without limitation, lien claims) arising out of any Alterations made by or by third parties on behalf of Subtenant (defined or its permitted sub-subtenants or assignees). Any costs or expenses required to be paid pursuant to the Prime Lease relating to any request for consent from Landlord in Section 9.03connection with any such Alterations (including, without limitation, costs and expenses relating to Landlord’s review of space plans and working drawings) or otherwise relating to such Alterations (collectivelyincluding, “Leasehold Improvements”without limitation, any administrative fee or construction management fee required to be paid pursuant to the Prime Lease and any additional real estate taxes resulting from such Alterations) shall remain upon be paid by Subtenant within the Premises at time period set forth in the end Prime Lease for payment of the Term without compensation to Tenantsuch costs or expenses. In addition, provided that Tenant, at its expense, removes any Required Removables (as hereinafter defined), in compliance with the National Electric Code or other applicable Law. Landlord, by written notice to Tenant at least Subtenant shall reimburse Sublandlord within EMF_US 83351163v7 thirty (30) days prior to the Expiration Date, may require Tenant, at its expense, to remove after written demand by Sublandlord for all actual reasonable out-of-pocket costs incurred by Sublandlord in connection with reviewing any Alterations thatspace plans and working drawings, in obtaining Landlord’s reasonable judgmentreview of and consent to such Alterations, are of a nature that would require removal and repair costs that are materially or otherwise in excess of the removal and repair costs associated with standard office improvements (any way related to such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Lease, Tenant shall have an obligation to remove the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by lawAlterations.
Appears in 1 contract
Improvements and Alterations. (a) Landlord's sole construction obligation under this Lease with respect to the Premises is set forth in the Work Letter attached hereto as Exhibit "B"
(b) Tenant shall not make any alterations, additions or improvements to the Premises (collectively, "Alterations") without (i) the prior written consent of Landlord not to be unreasonably withheld or delayed, and (ii) compliance with such nondiscriminatory requirements concerning such Alterations as may be imposed by Landlord from time to time. Notwithstanding the foregoing, Tenant shall be permitted to repaint and or re-carpet the Premises without obtaining Landlord's prior written consent. Without limiting the foregoing, Landlord may require, at a minimum, compliance with the requirements set forth in Exhibit "C" attached hereto. All Alterations shall be made by Tenant, at Tenants sole cost and expense, and shall be diligently prosecuted to completion. The cost of any modifications of Project improvements outside or inside of the Premises required by any governmental agency as a condition or the result of Tenants Alterations shall be borne by Tenant. Any contractor or person making such Alterations shall first be approved in and writing by Landlord. Upon the expiration or earlier termination of this Lease, Landlord may elect to have Tenant either (i) surrender with the Premises any or all of such Alterations as Landlord shall determine (except trade fixtures not attached to the Premises, including any Alterations (defined in Section 9.03) (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, removes any Required Removables (as hereinafter defined), in compliance with which case, such Alterations shall become the National Electric Code or other applicable Law. property of Landlord, by written notice to Tenant at least thirty or (30ii) days prior to the Expiration Date, may require Tenant, at its expense, to promptly remove any or all of such Alterations thatdesignated by Landlord to be removed, in Landlord’s reasonable judgmentwhich case, are of a nature that would require removal Tenant shall repair and repair costs that are materially in excess restore the Premises to its original condition as of the removal date of substantial completion of the Tenant Work, reasonable wear and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”)tear excepted. Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to Notwithstanding the contrary in this Leaseforegoing, Tenant shall have the right, at any time it requests Landlord's prior written consent to an obligation Alteration, to remove further request that Landlord elect whether the Required Removables specifically enumerated in this sentence Alterations for which consent is requested be allowed to remain or be required to be removed upon the expiration or earlier termination of this Lease whether or not Lease. Unless Landlord delivers notice responds in writing to Tenant requiring removal at the time of granting such consent that any such Alterations may remain upon the same as contemplated by Premises upon the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date expiration or earlier termination of this Lease, then Tenant shall be required to remove such Alterations in accordance herewith. Tenant shall have the right to install a passive video surveillance system in the Premises and an antennae on the roof of the Building solely for Tenants use, provided that (1) such installations shall be at the sole cost and expense of Tenant and otherwise in compliance with this Paragraph 4, (2) Tenant shall comply with the requirements of any and all applicable laws, rules, CC&Rs, and governmental agencies regarding such installations, (3) the location, specifications and other physical aspects of such installations shall be pre-approved by Landlord in writing, such approval to not be unreasonably withheld, and (4) Tenant shall be responsible, at Tenants expense, for the maintenance and repair damage caused by of such items (including without limitation any repairs to other portions of the Building or Project damaged arising out of the installation or removal maintenance of Required Removablessuch items), and (5) at Landlord's discretion, Tenant shall remove such installations upon the expiration or earlier termination of the Lease at Tenants sole expense and repair any damage caused thereby.
(c) Tenant shall keep the Premises, the Building and the Project free from any and all liens arising out of any work performed, materials furnished, or obligations incurred by or for Tenant. If In the event that Tenant fails to perform its obligations in a timely mannershall not, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within within ten (10) days after receipt following the imposition of Tenant’s requestany such lien, cause the same to be released of record by payment or posting of a bond in a form and issued by a surety acceptable to Landlord, Landlord shall advise Tenant have the right, but not the obligation, to cause such lien to be released by such means as it shall deem proper (including payment of or defense against the claim giving rise to such lien); in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Datesuch case, Tenant shall not be entitled to remove any of its personal property or merchandisereimburse Landlord for all amounts so paid by Landlord in connection therewith, without the express written approval together with all of Landlord's costs and expenses, and with interest thereon at the Default Rate (defined below). Such rights of Landlord shall have be in addition to all rights therein as are then available to Landlord other remedies provided herein or by law.
Appears in 1 contract
Sources: Office Lease (MSC Software Corp)
Improvements and Alterations. All Tenant shall have the right to make alterations, additions and improvements in and to the Premises, including any Alterations (defined in Section 9.03) (collectively, “Leasehold Improvements”the "ALTERATIONS") shall remain upon to the Leased Premises at as Tenant may deem desirable; provided, however, that if the end exterior appearance, or structural elements of the Term without compensation to TenantBuilding, provided that Tenantor Building systems will be affected by such Alterations, at its expense, removes any Required Removables (as hereinafter defined), in compliance with the National Electric Code or other applicable Law. Landlord, by written notice to Tenant at least thirty (30) days prior to the Expiration Date, may require Tenant, at its expense, to remove any if such Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Leasewill cost more than $25,000, Tenant shall give written notice and complete plans and specifications to Landlord of the proposed Alterations and Landlord shall have an obligation 30 days after the receipt of such notice to consent to or disapprove the Alterations. If Landlord disapproves such Alterations, Landlord shall detail the reasons for such disapproval. Any Alterations constructed upon the Leased Premises by Tenant shall be and remain the property of Tenant during the Term. At Landlord's request (unless at the time of Tenant's request for Landlord's approval Tenant shall have requested and Landlord shall have agreed that removal of such installations by Tenant will not be required), or upon Tenant's election (notwithstanding any request otherwise by Tenant made at the time of Landlord's approval), Tenant shall remove the Required Removables specifically enumerated in this sentence Alterations upon the expiration or earlier termination of this Lease whether or and repair any damage caused by such removal.. All Alterations shall be accomplished by Tenant using adequately insured and bonded contractors reasonably approved by Landlord, in a good, expeditious, quality and workmanlike manner, in conformity with applicable laws, regulations, ordinances and orders and any covenants, conditions and restrictions encumbering the Leased Premises, and in accordance with the plans and specifications approved by Landlord as provided above. Tenant shall pay when due all claims for labor and materials related to all Alterations and will not Landlord delivers notice allow any lien to attach to the Leased Premises, unless Tenant requiring is diligently contesting the removal of such lien and has provided a bond or other security required under applicable law to avoid forfeiture of the same Leased Premises, or as contemplated by may otherwise be reasonably acceptable to Landlord. Landlord may enter upon the immediately preceding sentenceLeased Premises for the purpose of inspecting the work and for posting appropriate notices with respect to any Alterations, including but not limited to notices of non-responsibility. The Required Removables conveyor systems and related components purchased by Tenant from Footstar shall be removed by Tenant before the Expiration Date and any damage caused by such removal shall be repaired by Tenant upon expiration or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by law.
Appears in 1 contract
Sources: Land and Building Lease Agreement (Aerobic Creations, Inc.)
Improvements and Alterations. All After occupance by Tenant pursuant to the terms of this Sublease, Tenant shall make no alterations, additions, or improvements in and or to the PremisesPremises without the prior written consent of Landlord, which shall not be withheld unreasonably. Landlord may require Tenant to provide a Completion Bond and a Bond against liens in connection with the construction of any such improvements. Tenant shall be solely responsible for any alterations required to bring the Leased Premises into compliance with, or maintain such compliance with any applicable State or Federal law or regulation, including, without limitation, the Americans With Disabilities Act, except to the extent that they relate to matters required by environmental laws as to conditions preceding this Sublease. Any permitted alterations, additions or improvements prior to Tenant's occupancy or after occupancy shall be at Tenant's sole expense. Tenant shall secure any and all governmental permits required in connection with any such work, and shall hold Landlord harmless from any and all liability (including any Alterations reasonable attorney' s fees) resulting therefrom. All alterations, additions and improvements (defined in Section 9.03) (collectivelyexcept trade fixtures, “Leasehold Improvements”) appliances and equipment which shall remain upon the Premises at the end not be deemed a part of the Term Premises), shall immediately become the property of Landlord without compensation any obligation to Tenant, provided that Tenant, at its expense, removes any Required Removables (pay Tenant therefor and shall not be removed by Tenant except as hereinafter defined)provided. Upon the expiration or sooner termination of the term hereof, in compliance with the National Electric Code or other applicable Law. LandlordTenant shall, upon written demand by written notice to Tenant Landlord which shall be given at least thirty ten (3010) days prior to the Expiration Date, may require Tenantend of the term, at its expense, to Tenant's sole cost and expense forthwith and with all due diligence remove any Alterations thatalterations, in Landlord’s reasonable judgmentadditions or improvements made by Tenant which are designated by Landlord for removal, are of a nature that would require repair any damage to the Premises caused by such removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Lease, Tenant shall have an obligation to remove the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same as contemplated if requested by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available restore the altered Premises to Landlord by lawits original condition.
Appears in 1 contract
Improvements and Alterations. All improvements in At the end of the term of this ------------ ---------------------------- Lease, Tenant shall remove its trade fixtures, equipment and other personal property, and Tenant shall have the right, provided it notifies Landlord of its intent to remove at the Premisestime of approval or notice as provided herein, including but not the obligation, to remove any Alterations (defined in Section 9.03) (collectivelyof Tenant's Work, “Leasehold Improvements”) provided that Tenant repairs any damage from such removal and returns the Premises to such condition as exists on the Commencement Date, reasonable wear and tear and damage by fire, other casualty and eminent domain excepted. In the case of damage or destruction of such trade fixtures, equipment and other personal property and Tenant's Work during the term of this Lease, Tenant shall remain upon have the right to recover its loss from any insurance company with which it has insured the same, notwithstanding that any of such things might be considered part of the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, removes any Required Removables (as hereinafter defined), in compliance with term. At the National Electric Code or other applicable Law. option of Landlord, by written which option Landlord may exercise only at the time Landlord approves any Plans and Specifications for any Tenant's Work or upon receipt of notice to from Tenant at least thirty (30) days prior to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural for alterations and modifications and, notwithstanding anything to the contrary in this Leaseimprovements which do not require Landlord's approval, Tenant shall have an obligation to remove any or all of Tenant's Work and alterations and improvements at the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal end of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely mannerterm, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, but Landlord shall advise not require Tenant in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of Tenant's Work completed in connection with the initial preparation of each area of the Premises for Tenant's use and occupancy. Landlord may not require removal of pipes, wires and the like from the walls, ceilings or floors, provided that the Tenant properly cuts, caps and disconnects such pipes and wires and seals them off in a safe and lawful manner flush with the applicable wall, floor or ceiling and redecorates the area consistent with the remainder of the Premises. Tenant shall be responsible for any damage to the Premises caused by the malfunction of its personal equipment or the removal of its property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by lawaforesaid.
Appears in 1 contract
Improvements and Alterations. All Tenant at its cost shall have the right to make, without Landlord’s consent, alterations and improvements in and to the Premisespremises. In making any alterations or improvements, including any Alterations (defined in Section 9.03) (collectively, “Leasehold Improvements”) Tenant shall remain upon comply with the Premises at the end following:
1. Tenant shall submit reasonably detailed final plans and specifications and working drawings of the Term without compensation proposed alterations and improvements and the name of its contractor at least 30 days before the date it intends to Tenantcommence the alterations.
2. The alterations shall not be commenced until 15 days after Landlord has received notice from Tenant stating the date the installation of the alterations and improvements are to commence so that Landlord can post and record an appropriate notice of nonresponsibility.
3. The alterations and improvements shall be approved by all appropriate government agencies, provided that Tenant, at its expense, removes any Required Removables (as hereinafter defined), and all applicable permits and authorizations shall be obtained before commencement of the alterations.
4. All alterations and improvements shall be completed with due diligence in compliance with the National Electric Code or other plans and specifications and working drawings and all applicable Lawlaws.
5. LandlordBefore commencing the alterations and improvements and at all times during construction, by written notice to Tenant’s contractor shall maintain insurance as herein provided.
6. If the estimated cost of the alterations and improvements exceeds $10,000, before the commencement of the alterations Tenant at least thirty (30) days prior its cost shall furnish to Landlord a performance and completion bond issued by an insurance company qualified to do business in Nevada in a sum equal to the Expiration Datecost of the alterations and improvements (as determined by the construction contract between Tenant and its contractor) guaranteeing the completion of the alterations and improvements free and clear of all liens and other charges, may and in accordance with the plans and specifications.
7. Any alterations and improvements made shall remain on and be surrendered with the premises on expiration or termination of the term, except that Landlord can elect within 90 days before the expiration of the term, or within 10 days after termination of the term, to require Tenant, at its expense, Tenant to remove any Alterations thatalterations and improvements, whether underground or above ground, that Tenant has made to the premises and restore the same to their original condition as a paved, street-level parking area. If landlord so elects, Tenant at its cost shall restore the premises to the condition designated by Landlord in Landlord’s reasonable judgmentits election, are of a nature that would require removal and repair costs that are materially in excess before the last day of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall includeterm, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Lease, Tenant shall have an obligation to remove the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) within 30 days after receipt notice of Tenant’s requestelection is given, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by lawwhichever is later.
Appears in 1 contract
Sources: Lease (GNLV Corp)
Improvements and Alterations. (a) Landlord shall have no construction obligation under this Lease and Tenant shall and does hereby accept the Premises in its current "AS-IS" condition without any improvements or modifications.
(b) Landlord shall have the right, at any time, and without any liability to Tenant, to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, and other public parts of the Building and upon giving Tenant reasonable notice thereof, to change the name, number or designation by which the Building is commonly known.
(c) Tenant shall not make any alterations, additions or improvements without the prior written consent of Landlord. Subject to Landlord approval of specific plans and specifications, Landlord acknowledges Tenant's intent to install, at Tenant's sole cost, a dedicated server room of approximately 100 square feet in size with dedicated twenty-four (24) hour HVAC in a mutually agreed location within the Premises. All such alterations, additions and improvements shall be made in conformity with plans therefor approved by Landlord in writing prior to the commencement of such work and to shall be performed by a tenant improvements contractor designated by Landlord. All such alterations, additions and improvements (except movable furniture, furnishings and trade fixtures) shall become the property of Landlord and shall be surrendered with the Premises, including any Alterations (defined in Section 9.03) (collectivelyas a part thereof, “Leasehold Improvements”) shall remain upon the Premises at the end expiration or earlier termination of the Term without compensation to term hereof. All such alterations, additions or improvements shall, however, be made by Tenant at Tenant's sole expense. Upon termination of the Lease, provided that Tenantor, at its expenseLandlord's option, removes any Required Removables (as hereinafter defined), in compliance with the National Electric Code or other applicable Law. Landlord, by written notice to Tenant at least within thirty (30) days prior to the Expiration Dateexpiration of the Lease term, may require TenantTenant shall, upon demand by Landlord, at its Tenant's sole cost and expense, to forthwith remove any Alterations thatalterations, in Landlord’s reasonable judgmentadditions or improvements (except those made initially at the commencement of Tenant's possession of the Premises) made by Tenant and designated by Landlord to be removed, are of a nature that would require removal and repair costs that are materially in excess of and restore the removal Premises to their original condition, reasonable wear and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”)tear excepted. Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to Notwithstanding the contrary in this Leaseforegoing, Tenant shall have an obligation not be required to remove restore the Required Removables specifically enumerated dedicated server room. Any personal property left on or in this sentence upon the Premises at the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed disposed of by Landlord in the manner provided by law, including, without limitation, California Civil Code Section 1980 et seq. Tenant releases Landlord of and from any and all claims and liability for damage to or destruction or loss of property left by Tenant before upon the Expiration Date Premises at the expiration or earlier other termination of this LeaseLease and Tenant hereby indemnifies Landlord against any and all claims and liability with respect thereto. Tenant further waives all claims to all property (and the proceeds thereof) abandoned by Tenant and retained or disposed of by Landlord.
(d) Tenant shall repair damage caused by the installation not commence work on any alteration, addition or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, improvement until and unless Landlord may perform such work has received at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within least ten (10) days after receipt notice that such work is to commence. Tenant shall immediately reimburse Landlord for any expense incurred by Landlord in reviewing and approving the plans and specifications for such work or by reason of any faulty work done by Tenant or Tenant’s request's contractors, or by reason of delays caused by such work, or by reason of inadequate cleanup, or which is otherwise incurred by Landlord shall advise to review the plans and specifications, and monitor and inspect the progress of such work. Tenant or its contractors will in writing as no event be allowed to make any improvements to the Premises which portions could possibly affect any of the Alteration are Required RemovablesBuilding systems or to make any structural modification to the Building without first obtaining Landlord's consent, which Landlord can withhold in its sole and absolute discretion. If a Default has occurred All work by Tenant shall be scheduled through Landlord and remains uncured shall be diligently and continuously pursued from the date of its commencement through its completion. In addition to the foregoing, and at the Expiration DateLandlord's option, Tenant shall obtain a completion and/or performance bond in a form and by a surety acceptable to Landlord and in an amount not less than one and one-half (1½) times the estimated cost of such alterations, additions or improvements.
(e) All alterations, additions and improvements to the Premises made by Tenant shall comply with both ADA as defined in Paragraph 8 of this Lease and the plans therefor approved in advance by Landlord; provided, however, Landlord's approval or consent to any such work shall not impose any liability upon Landlord nor shall such approval infer that Landlord has expressed any opinion or made any warranty regarding the adequacy, sufficiency or legality of any such improvements. Such plans and any specifications associated therewith shall be entitled to remove any of its personal property prepared by an architect or merchandise, interior designer approved in advance by Landlord. No such work shall proceed without the express written Landlord's prior approval of (i) Tenant's contractor(s); (ii) certificates of insurance from a company or companies approved by Landlord, and Landlord shall have all rights therein as are then available furnished to Landlord by lawTenant's contractor, for combined single limit bodily injury and property damage insurance covering comprehensive general liability and automobile liability, in an amount not less than One Million Dollars ($1,000,000) per occurrence and endorsed to show Landlord as an additional named insured, and for workers' compensation as required by law (provided, however, nothing in this subparagraph shall release Tenant of its other insurance obligations hereunder); and (iii) detailed plans and specifications for such work. All such work by Tenant shall be done in a first-class workmanlike manner and in conformity with all applicable governmental requirements, with valid building permit(s) and/or all other permits or licenses when and where required, copies of which shall be furnished to Landlord before the work is commenced, and any work not acceptable to any governmental authority or agency having or exercising jurisdiction over such work, or not reasonably satisfactory to Landlord, shall be promptly replaced and corrected at Tenant's expense. All such work shall comply with all rules and regulations established by Landlord to ensure the safety, cleanliness and good order of the Building and its occupants, including but not limited to those relating to usage of elevators and loading docks, establishment of off-Premises staging areas, disposal of refuse and the hours of performing operations which result in the creation of noise, dust and odors. No such alterations, additions or improvements by Tenant shall incorporate therein any hazardous materials, as defined in Paragraph 9.
(f) No antenna, satellite dish, microwave receiver or other receiving or transmission equipment shall be installed by Tenant in or on the roof of or about the Building or elsewhere in the common areas except with the prior written consent of Landlord. Any such installation by Tenant shall be only the particular equipment specifically approved by Landlord and any such installation shall be limited to the manner and location approved by Landlord. Any such installation shall be subject to such terms and conditions as are provided by Landlord to Tenant at the time Landlord approves such installation.
Appears in 1 contract
Sources: Lease (Nemus Bioscience, Inc.)
Improvements and Alterations. All improvements in and (a) Simultaneously with the execution of this Lease, Landlord has conveyed the Improvements to Tenant by separate instrument, including the existing building located thereon (the "Building"). Tenant agrees that Tenant will not make any structural or exterior changes to the PremisesBuilding without first obtaining Landlord's written consent in accordance with the provisions of subparagraph (b) herein. In the event Tenant desires to make structural or exterior changes or modifications to the Building, Tenant shall submit to Landlord plans and specifications for such changes, including any Alterations (defined in Section 9.03) front, rear and side elevations (collectively, “Leasehold Improvements”) the "Plans"), said Plans to be submitted and authorization obtained prior to any structural or exterior work being performed. The Improvements on the Leased Premises and any additions thereto made during the term of the Lease or any extension thereof, shall remain upon the Premises at the end property of the Term without compensation Tenant until the expiration or termination of the Lease and Tenant shall have the right to remove any of Tenant's personal property, provided that Tenanttrade fixtures or furnishings, and exterior signage at any time during the term of this Lease or at its expense, removes any Required Removables (as hereinafter defined), in compliance with the National Electric Code expiration or other applicable Lawtermination, subject to the terms and conditions of the Lease. Tenant may, without Landlord's consent, obtain financing for such improvements and insure its interest in same. Landlord does not agree to subordinate any of Landlord's rights to any financing institution of Tenant.
(b) Landlord agrees that the consent required by written notice to Tenant at least subparagraph (a) above will not be unreasonably withheld or delayed. Unless within thirty (30) days prior to the Expiration Date, may require from receipt by Landlord of any Plans submitted by Tenant, at its expenseLandlord has furnished Tenant written approval or disapproval of same, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Lease, Tenant shall have an obligation to remove the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables said Plans shall be removed by Tenant before the Expiration Date deemed approved. Should Landlord disapprove said Plans or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s requestany part thereof, Landlord shall advise Tenant specifically set forth the reason forming the basis of such disapproval.
(c) In no event shall exterior changes to the Building be deemed to mean or include signs, logos or similar identifying structures and symbols, or decorative improvements. A structural change shall mean any enlargement in writing as to which portions or reduction of the Alteration are Required Removables. If a Default has occurred and remains uncured at size of the Expiration Date, Tenant shall not be entitled Building or any modification to remove any of its personal property or merchandise, without in the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by lawroof or load bearing walls which affects the structural integrity thereof.
Appears in 1 contract
Sources: Ground Lease Agreement (South Alabama Bancorporation Inc /De/)
Improvements and Alterations. All A. Landlord shall have the right at any time to change the arrangement, location and/or size of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Project and, upon giving Tenant reasonable notice thereof, to change the name, number or designation by which the Building, Project, or Complex is commonly known.
B. Tenant shall not make any alterations, repairs, additions or improvements in in, to or about the Premises (collectively “Tenant Alterations”) without the prior written consent of Landlord. If such consent is given, Landlord shall be allowed to: (i) approve all plans, (ii) require satisfactory insurance, (iii) require satisfactory security for construction obligations, (iv) require a suitable completion schedule, and (v) approve the contractor. Should Landlord’s consent be granted, any such Tenant Alterations shall be at Tenant’s sole cost and expense including Landlord’s reasonable costs associated with such Tenant Alterations. Tenant agrees to make application and to receive building permits from applicable local municipal authorities, state and federal agencies necessary to make such Tenant Alterations. All Tenant Alterations (except movable furniture and trade fixtures) shall become the property of Landlord, and shall be surrendered with the Premises, including any Alterations (defined in Section 9.03) (collectivelyas a part there of, “Leasehold Improvements”) shall remain upon the Premises at the end expiration or earlier termination of the Term without compensation to TenantLease; provided, provided however, that Tenant, at its expense, removes any Required Removables (as hereinafter defined), in compliance with the National Electric Code or other applicable Law. LandlordLandlord may, by written notice to Tenant delivered at least thirty (30) days prior the time Landlord grants its approval to the Expiration Dateconstruct or install such Tenant Alterations, may require Tenant, at its expense, Tenant to remove any Tenant Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess to restore the Premises to their condition prior to installation of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall includeTenant Alterations, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Lease, Tenant shall have an obligation to remove the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If a Default has occurred and remains uncured at the Expiration Date, Tenant shall not be entitled to remove any of its personal property or merchandise, without the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by law.
Appears in 1 contract
Sources: Office Lease Agreement (Hallmark Financial Services Inc)
Improvements and Alterations. All improvements in (a) Landlord covenants that it shall deliver sole and to the Premises, including any Alterations (defined in Section 9.03) (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end vacant possession of the Term without compensation Property to Tenant, provided that Tenant, at its expense, removes any Required Removables (as hereinafter defined), free and clear of all tenancies and parties in compliance with the National Electric Code or other applicable Law. Landlord, by written notice to Tenant at least thirty (30) days prior to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, Tenant’s personal property and merchandise, interior and exterior signage, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Lease, Tenant shall have an obligation to remove the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Lease. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration is a Required Removable. Within possession within ten (10) days after receipt Tenant notifies Landlord that all conditions precedent of this Lease have been satisfied. In the event Landlord fails to deliver vacant possession to Tenant on a timely basis, Tenant’s request, Landlord at its option, may take such action as may be necessary to obtain such vacant possession and the costs therefor shall advise be deducted from Tenant's Rent, or Tenant in writing as to which portions may terminate this Lease and thereafter the parties shall be released from further liability and this Lease shall be null, void and of no effect.
(b) After delivery of Vacant Possession, Tenant shall be responsible, at Tenant's expense, for the renovation of the Alteration are Required Removables. If a Default has occurred 3 story portion of the existing building and remains uncured at demolition and removal of the Expiration one story addition to that building and/or other improvements on the Property (including pavement, if any) in accordance and in compliance with all local, state and federal building, demolition, environmental codes, laws and ordinances and the site plan approval by Landlord on , 2015.
(c) From and after the Effective Date, Tenant shall have the right from time to time to construct a building and/or other improvements upon the Property and to alter, renovate, add, remodel, modify, or change the building and/or other improvements upon the Property as Tenant may deem desirable and in accordance with Landlords ordinances. Specifically, Tenant may only demolish the one-story building upon the Property. The three-story building shall not be entitled demolished but will be substantially renovated and rehabbed in accordance with the standards for historic rehabilitation tax credits. The building and/or other improvements upon the Property shall be and remain the property of Tenant during the Term and any Extensions of the Lease. Tenant shall not remove the building or other improvements upon the Property and after the expiration of such period shall be deemed to remove any of its personal property or merchandisebe an abandonment thereof, without whereby title shall become vested in the express written approval of Landlord, and Landlord shall have all rights therein as are then available to Landlord by law.
Appears in 1 contract
Sources: Ground Lease