Common use of Improvements and Alterations Clause in Contracts

Improvements and Alterations. (a) As used in this Lease, the term “Landlord’s Work” shall refer to the improvements set forth on Exhibit “C” attached hereto and made a part hereof, which are intended to provide Tenant with a turn-key build-out inclusive of the restrooms on the floors on which the Premises are situated. In addition to the provisions of Exhibit “C’, Landlord shall construct turnstiles in the lobby of the Building pursuant to plans and specifications approved by Tenant, and the Tenant Allowance shall be charged in connection therewith the lesser of (i) fifty percent (50%) of the cost for the turnstiles and the installation thereof, and (ii) [***]. Landlord shall cause Landlord’s Work to be constructed substantially in accordance with the plans and specifications theretofore prepared by ▇▇▇▇▇▇▇▇’s architect. All of Landlord’s Work (if plans and specs are necessary) shall be performed by Landlord in accordance with plans and specifications prepared by Landlord and subject to Tenant’s prior written approval, which approval shall not be unreasonably withheld. Landlord shall revise such plans and specifications as reasonably required in order to obtain Tenant’s approval. Subject to the provisions of Section 8(b)(ii) below, all of Landlord’s Work shall be performed by Landlord at Landlord’s sole cost and expense. Landlord shall complete all of Landlord’s Work in a first-class and good and workmanlike manner, using good materials, in accordance with the approved plans and specifications (if necessary), and in compliance with all applicable laws and regulations of the federal, state and municipal governments, or any department or division thereof, including, without limitation, building codes.

Appears in 2 contracts

Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)

Improvements and Alterations. The Tenant may place such partitions, fixtures, (aincluding light fixtures), personal property, machinery and the like (subject to Section VII) As used in this Lease, the term “Landlord’s Work” shall refer to the improvements set forth on Exhibit “C” attached hereto and made a part hereof, which are intended to provide Tenant with a turn-key build-out inclusive of the restrooms on the floors on which the Premises are situated. In addition to the provisions of Exhibit “C’and may make, Landlord shall construct turnstiles in the lobby of the Building at its own expense, such improvements and alterations pursuant to plans and specifications approved as have the prior written approval of Landlord in each instance (in Landlord’s reasonable discretion provided that all work done by Tenant, and Tenant in the Tenant Allowance Premises shall be charged in connection therewith the lesser of (i) fifty percent (50%) of the cost for the turnstiles and the installation thereof, and (ii) [***]. Landlord shall cause Landlord’s Work to be constructed substantially done in accordance with the plans all zoning, building, fire and specifications theretofore prepared by ▇▇▇▇▇▇▇▇’s architectother codes applicable thereto. All fixtures, equipment, improvements and appurtenances paid for by Tenant and attached to or built into the Premises prior to or during the term of this Lease shall be and remain part of the Premises as of the end of the term of this Lease unless at the time Landlord approves such installation, Landlord’s Work (if plans and specs are necessary) approval is conditioned in writing upon removal, in which event Tenant shall be performed by Landlord in accordance with plans and specifications prepared by Landlord and subject to Tenant’s prior written approval, which approval shall not be unreasonably withheld. Landlord shall revise remove all such plans and specifications as reasonably required in order to obtain Tenant’s approval. Subject to items at the provisions end of Section 8(b)(ii) below, all the term of Landlord’s Work shall be performed by Landlord this Lease at Landlord’s its sole cost and expense. In the case of damage or destruction of such items during the term of this Lease, Tenant shall 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 of this Lease. Landlord shall complete all not require removal of Landlord’s Work 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 first-class safe and good and workmanlike manner, using good materials, in accordance lawful manner flush with the approved plans applicable wall, floor or ceiling and specifications (if necessary), and in compliance redecorates the area consistent with all applicable laws and regulations the remainder of the federal, state and municipal governments, Premises. Tenant shall be responsible for any damage to the Building caused by the malfunction of its equipment or any department or division thereof, including, without limitation, building codesthe removal of its property as aforesaid.

Appears in 1 contract

Sources: Lease Agreement (Ace Comm Corp)

Improvements and Alterations. (a) As used in this Lease, the term “Landlord’s Work” Landlord shall refer to the improvements set forth on Exhibit “C” attached hereto and made a part hereof, which are intended to provide Tenant with a turn-key build-out inclusive of the restrooms on the floors on which deliver the Premises are situated. In addition to the provisions of Exhibit “C’, Landlord shall construct turnstiles in the lobby of the Building pursuant to plans and specifications approved by Tenant, and Tenant agrees to accept the Tenant Allowance Premises from Landlord in its existing “AS-IS”, “WHERE-IS” and “WITH ALL FAULTS” condition, and Landlord shall be charged in connection therewith have no obligation to refurbish or otherwise improve the lesser of Premises throughout the Lease Term; provided, however, and notwithstanding the foregoing to the contrary, (i) fifty percent (50%) of the cost for the turnstiles and the installation thereofLandlord, and (ii) [***]. Landlord shall cause Landlord’s Work to be constructed substantially in accordance with the plans and specifications theretofore prepared by ▇▇▇▇▇▇▇▇’s architect. All of Landlord’s Work (if plans and specs are necessary) shall be performed by Landlord in accordance with plans and specifications prepared by Landlord and subject to Tenant’s prior written approval, which approval shall not be unreasonably withheld. Landlord shall revise such plans and specifications as reasonably required in order to obtain Tenant’s approval. Subject to the provisions of Section 8(b)(ii) below, all of Landlord’s Work shall be performed by Landlord at Landlord’s sole cost and expense. Landlord expense and separate from the Tenant Improvement Allowance, shall complete all of install new building standard paint and carpet within the Premises prior to the Commencement Date, and (ii) 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. Landlord’s consent shall not be unreasonably withheld with respect to proposed Alterations that (i) comply with all applicable laws, ordinances, rules and regulations; (ii) are compatible with the Building and its mechanical, electrical, HVAC and life safety systems; (iii) will not interfere 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. 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, in a first-first class and good and workmanlike manner, using manner by contractors reasonably acceptable to Landlord and only good materials, in accordance with the approved grades of materials shall be used. All plans and specifications (if necessary)for any Alterations shall be submitted to Landlord for its approval. Landlord may monitor construction of the Alterations and Tenant shall reimburse Landlord for any costs incurred by Landlord in monitoring such construction. 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 compliance 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. Except as set forth in the proceeding sentence, 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, 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 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. Additionally, upon completion of any Alteration, 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 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 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 two percent (2%) 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. (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 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 amounts so paid by Landlord in connection therewith, together with all applicable laws of Landlord’s costs and regulations expenses, with interest thereon at the Default Rate (defined below) and Tenant shall indemnify and defend each and all of the federalLandlord Indemnitees (defined below) against any damages, state and municipal governmentslosses 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 be in addition to all other remedies provided herein or by law. (d) NOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR, or any department or division thereofSERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT, includingOR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, without limitationAND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, building codesSERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES.

Appears in 1 contract

Sources: Office Lease (Aethlon Medical Inc)

Improvements and Alterations. Tenant at its sole cost and expense shall have the right, from time to time, to make improvements or alterations to the Premises, subject to the following conditions: (a) As used in this Lease, No improvement or alteration shall at any time be made which shall impair the term “Landlord’s Work” shall refer to structural soundness or diminish the improvements set forth on Exhibit “C” attached hereto and made a part hereof, which are intended to provide Tenant with a turn-key build-out inclusive value of the restrooms on the floors on which the Premises are situated. In addition to the provisions Premises. (b) No structural improvement or alteration involving an expenditure in excess of Exhibit “C’, Landlord shall construct turnstiles in the lobby of the Building pursuant to plans Fifty Thousand and specifications approved by Tenant, and the Tenant Allowance shall be charged in connection therewith the lesser of No/100 Dollars (i) fifty percent (50%) of the cost for the turnstiles and the installation thereof, and (ii) [***]. Landlord shall cause Landlord’s Work to be constructed substantially in accordance with the plans and specifications theretofore prepared by ▇▇▇▇▇▇▇▇’s architect. All of Landlord’s Work (if plans and specs are necessary$50,000.00) shall be performed by Landlord in accordance with made without first obtaining Landlord's written approval of the plans and specifications prepared by Landlord and subject to Tenant’s prior written approvaltherefore; provided, which such approval shall not be unreasonably withheld, conditioned or delayed by Landlord. Landlord Tenant shall revise furthermore first obtain Landlord's written approval before any modification or changes are made in such plans and specifications as reasonably required in order to obtain Tenant’s approval. Subject to the provisions of Section 8(b)(iiafter Landlord's approval thereof. (c) below, all of Landlord’s Work No improvement or alteration shall be performed by Landlord at Landlord’s sole cost undertaken until Tenant shall have procured and expense. Landlord paid for all required municipal and other governmental permits and authorizations of the various municipal departments and governmental subdivisions having jurisdiction. (d) All work done in connection with any improvements or alterations shall complete all of Landlord’s Work be done in a first-class and good and workmanlike manner, using good materials, in accordance with the approved plans and specifications (if necessary), manner and in compliance with all applicable laws building and regulations zoning laws, and with all other laws, ordinances, rules, and requirements of any Federal, state or municipal government or agency having jurisdiction. (e) Tenant shall keep the Premises free from any liens arising out of work performed, materials furnished or obligations incurred by Tenant, and Tenant shall indemnify, hold harmless and defend Landlord from any liens and encumbrances arising out of any work performed or materials furnished by or at the direction of Tenant. In the event Tenant shall not, within twenty (20) days following the imposition of any such lien, cause such lien to be released of record by payment or posting a proper bond, Landlord shall have, in addition to all other remedies provided herein and by law, the right, but not the obligation, to cause the same to be released by such means as it shall deem proper, including payment of the federalclaim giving rise to such lien. All such sums paid by Landlord and all expenses incurred in connection therewith, state including attorneys' and municipal governmentsexperts fees and costs, shall be payable to Landlord by Tenant on demand with interest at the Default Rate from the date payment of such obligation is due and payable. (f) Any improvements to or any department alteration of the Premises, except moveable furniture, fixtures, equipment placed by Tenant in the Building (which shall remain the property of Tenant), shall at once become the absolute property of Landlord and remain upon and be surrendered with the Premises as a part thereof at the termination of this Lease without disturbance or division thereof, including, without limitation, building codesinjury. The provisions of this Paragraph 7 do not apply to Capital Expenditures made pursuant to Paragraph 8 below.

Appears in 1 contract

Sources: Lease Agreement (Educational Development Corp)

Improvements and Alterations. (a) As used in this LeaseLessee shall have the right to make at its own expense, the term “Landlord’s Work” shall refer subject to the improvements set forth on Exhibit “C” attached hereto and made a part hereof, which are intended to provide Tenant with a turn-key build-out inclusive prior written consent of the restrooms on the floors on which the Premises are situated. In addition to the provisions of Exhibit “C’Lessor, Landlord shall construct turnstiles in the lobby of the Building pursuant to plans and specifications approved by Tenant, and the Tenant Allowance shall be charged in connection therewith the lesser of (i) fifty percent (50%) of the cost for the turnstiles and the installation thereof, and (ii) [***]. Landlord shall cause Landlord’s Work to be constructed substantially in accordance with the plans and specifications theretofore prepared by ▇▇▇▇▇▇▇▇’s architect. All of Landlord’s Work (if plans and specs are necessary) shall be performed by Landlord in accordance with plans and specifications prepared by Landlord and subject to Tenant’s prior written approval, which approval shall whose consent may not be unreasonably withheld. Landlord , additions, alterations and changes in and to the Leased Premises provided however, that no such work (except work which is minor or cosmetic in nature) shall revise be commenced except with the prior written consent of Lessor and except on compliance with the following conditions: a) Lessee shall furnish to Lessor plans and specifications showing in reasonably complete detail the work proposed to be carried out and the estimated cost thereof and Lessor shall approve or reject such plans and specifications as reasonably required in order to obtain Tenant’s approvalwithin thirty (30) days after receipt of the same. Subject to the provisions of Section 8(b)(ii) below, all of Landlord’s Work shall be performed by Landlord at Landlord’s sole cost and expense. Landlord shall complete all of Landlord’s Work in a first-class and good and workmanlike manner, using good materials, in accordance with the approved If such plans and specifications (if necessary)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 value 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, provided that Lessor's trades shall at all times provide their services at prices competitive with independent quotes obtained by the Lessee, failing which, the Lessee shall be entitled to use the trades which it chooses, acting reasonably. 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 Lessee to furnish security satisfactory to Lessor guaranteeing the completion of the federalwork and the payment of the cost thereof free and clear of all conditional bills of sale, state pledges, privileges, workmen's and municipal governmentssuppliers' 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 19 below; f) Lessee shall maintain Worker's Compensation insurance covering all persons employed in connection with the work and shall produce evidence of such insurance to Lessor and shall also maintain such general liability insurance for the protection of Lessor and Lessee as Lessor may require acting reasonably; g) All work, when completed, shall be comprised in, and form part of the Leased Premises and shall be subject to all the provisions of this Lease and Lessee shall not have any right to claim compensation therefor and the same shall not be removed by Lessee on termination of this Lease, unless the Lessor requests that part or all of it be removed, in which case the Lessee shall comply and shall repair any department damage related thereto or division thereofcaused thereby. The foregoing obligation of the Lessee is limited to items which have been installed by the Lessee. h) Should the Lessee, includingafter having obtained written consent from the Lessor, without limitationeffect changes in the partitions or otherwise modify the Leased Premises, building codesand accordingly had to relocate or modify the heating and, if applicable, the air conditioning equipment, such changes and/or modifications would have to be effected at the sole cost and risk of the Lessee.

Appears in 1 contract

Sources: Deed of Lease (Sidus Systems Inc)

Improvements and Alterations. (a) As used in this LeaseThe Tenant shall have the right to make at its own expense, with the term “prior written consent of the Landlord’s Work” shall refer to the improvements set forth on Exhibit “C” attached hereto and made a part hereof, which are intended to provide Tenant with a turn-key build-out inclusive of the restrooms on the floors on which the Premises are situated. In addition to the provisions of Exhibit “C’, Landlord shall construct turnstiles in the lobby of the Building pursuant to plans and specifications approved by Tenant, and the Tenant Allowance shall be charged in connection therewith the lesser of (i) fifty percent (50%) of the cost for the turnstiles and the installation thereof, and (ii) [***]. Landlord shall cause Landlord’s Work to be constructed substantially in accordance with the plans and specifications theretofore prepared by ▇▇▇▇▇▇▇▇’s architect. All of Landlord’s Work (if plans and specs are necessary) shall be performed by Landlord in accordance with plans and specifications prepared by Landlord and subject to Tenant’s prior written approval, which approval consent shall not be unreasonably withheld. , additions, alterations and changes in the Leased Premises provided, however, that no structural alterations and no construction of new or additional buildings or structures shall be commenced except with the prior written consent of Landlord and except on compliance with the following conditions (such structural alterations and construction of new or additional buildings or structures being hereinafter referred to as the "work"). (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 revise approve or reject such plans and specifications as reasonably required in order to obtain Tenant’s approvalwithin thirty (30) days after receipt of the same. Subject to the provisions of Section 8(b)(ii) below, all of Landlord’s Work shall be performed by Landlord at Landlord’s sole cost and expense. Landlord shall complete all of Landlord’s Work in a first-class and good and workmanlike manner, using good materials, in accordance with the approved If such plans and specifications are approved, all work shall be carried out in compliance with the same; (if necessary)ii) The value of the Leased Premises shall not, as a result of any work proposed to be carried on by Tenant, 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; (iii) 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 [ILLEGIBLE] (iv) 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; (v) If the cost of any work shall be in excess of five thousand dollars ($5,000.00) as reasonably estimated by Landlord, Landlord may require Tenant to furnish security reasonably satisfactory to Landlord guaranteeing the completion of the federalwork and the payment of the cost thereof free and clear of all conditional bills of sale, state pledges, privileges, workmen's and municipal governmentssuppliers' liens and other similar liens and charges; (vi) Tenant shall maintain Workmen's Compensation insurance covering all persons employed in connection with the work and shall produce evidence of such insurance to Landlord and shall also maintain such general liability insurance for the protection of Landlord and Tenant as Landlord may reasonably require; (vii) all work, then completed, shall be comprised in, and form part of, the Leased Premises and shall be subject to all the provisions of this lease and Tenant shall not have any right to claim compensation therefor and the same shall not be removed by Tenant on termination of this lease. Landlord may, at its sole option and discretion submit a bid for the performance of the Work approved by Landlord. If Tenant does not select Landlord's bid, Tenant shall be obliged to pay to Landlord all of Landlord's costs, overhead, administration in the review and approval of such work, as well as, all costs associated with architectural or any department engineering consultants, preparation or division thereofamendment of plans, including, without limitation, building codesthe whole subject to an upper maximum cap equivalent to ten percent (10%) of the value of the Work and subject to a minimum charge of two thousand dollars ($2,000.00).

Appears in 1 contract

Sources: Deed of Lease (SLM International Inc /De)

Improvements and Alterations. 11.1 Throughout the Term, with respect to all improvements, alterations, constructions, additions, changes or improvements, including, but not limited to, Leasehold Improvements, Tenant-Specific Leaseholds and Tenant Equipment required or requested by the Tenant in or to the Property (a) As used in this Leasecollectively, the term Work”): 11.1.1 same shall be carried out at Tenant’s expense (it being understood that Tenant shall be responsible to obtain all necessary permits and approvals from the appropriate public authorities prior to commencing such Work) and may at the Tenant’s request, be carried out by the Landlord or under the latter’s coordination and/or supervision, in which event the Tenant shall pay for the cost thereof as well as an amount equal to ten percent (10%) of such cost on account of Landlord’s Work” coordination, supervision and administration; 11.1.2 same shall refer to be carried out in accordance with the improvements set forth on Exhibit “C” attached hereto and made a part hereof, which are intended to provide Tenant with a turn-key build-out inclusive highest standards of the restrooms on the floors on which the Premises are situated. In addition to the provisions of Exhibit “C’, Landlord shall construct turnstiles in the lobby of the Building pursuant to plans and specifications approved by Tenantquality, and the Tenant Allowance shall be charged in connection therewith the lesser of done by reputable contractors. All such Work shall be conditional upon such contractors: (i) fifty percent (50%) of performing their work in accordance with such Rules and Regulations as the cost for the turnstiles and the installation thereofLandlord may from time to time prescribe, acting reasonably; and (ii) [***]carrying property damage and liability insurance satisfactory to the Landlord and providing proof thereof to the Landlord; (iii) complying with all applicable Laws. Landlord In addition, Tenant shall cause ensure that no contractors, subcontractors, suppliers, architects, engineers, and other persons or entities retained by or through Tenant in connection with any Work performed on or to the Property shall register a legal hypothec (construction hypothec) against the Property pursuant to Articles 2724 et seq. of the Civil Code of Québec; 11.1.3 all architectural, engineering and/or working drawings and “as-built plans” prepared to comply with the Tenant’s requirements shall be assumed by the Tenant, and its sole cost, including the cost of inputting such working drawings in any building computerized design records that may from time to time be maintained as well as the foregoing fees calculated on the cost thereof; 11.1.4 same shall not require the Landlord’s consent, subject however to the following: 11.1.4.1 to the extent such Work to be constructed substantially in accordance with would materially affect the structure, the building envelope (including its exterior appearance) or the Base Building Systems of the Building or which would have a material adverse effect on the Building: (i) the proposed Work and the plans relating thereto must be approved in writing by a qualified engineer retained by the Tenant and specifications theretofore prepared submitted to the Landlord for its review and consent (which consent shall not be unreasonably withheld or delayed); (ii) the proposed Work must be carried out by ▇▇▇▇▇▇▇▇’s architect. All of contractors approved in writing by the Landlord’s Work (if plans and specs are necessary) shall be performed by Landlord in accordance with plans and specifications prepared by Landlord and subject to Tenant’s prior written approval, which approval shall not be unreasonably withheld; and (iii) the Tenant shall pay an amount equal to One percent (1%) of the cost of such Work on account of Landlord’s coordination, supervision and administration; 11.1.5 no supervision, administration or coordination fees associated to any Work shall be charged to the Tenant, unless such fees are expressly permitted pursuant to the terms of the Lease, including Section 11.1.1 and Section 11.1.4.1; and 11.1.6 same may include holes in walls and roof of the Building, but Tenant shall be obliged to conform to Section 30.5 at the expiration of the Term or earlier termination of this Lease; and 11.1.7 the Tenant shall comply with all applicable Laws in connection with the performance of any such Work, including those that may apply from time to time as a result of any Work carried out by or on behalf of the Tenant, and the Tenant shall be solely responsible, at its expense, for any measures required to ensure compliance with any applicable Laws, including to the extent such compliance is made necessary as a result of any such Work carried out by or on behalf of the Tenant. Landlord The Tenant shall revise indemnify the Landlord, its directors, officers, employees and agents and save them harmless from all loss, claims, actions, penalties, damages, liability and expenses arising from or out of the foregoing. 11.2 Tenant may install, maintain, repair, operate and replace on the roof of the Building such plans mechanical, electrical, plumbing, telecommunication, heating, ventilation and specifications air-conditioning equipment and facilities and such other systems as reasonably are required by the Tenant in the operation of its business on the Property including but not limited to cooling equipment. For greater certainty, the Tenant shall not require the Landlord’s approval (i) for upgrading the capacity of any and all Base Building Systems (Utilities, electrical, mechanical and plumbing) as well as telecommunications equipment and infrastructure and all other Tenant Equipment required for the Tenant to operate for its Permitted Use as such systems may exist on the Commencement Date and be modified and/or replaced during the Term with any new technology, as it may exist from time to time, (ii) for modifying adding, replacing, removing conduits, and (iii) for accessing the roof and installing any and all Tenant Equipment required for the operation of the Tenant’s business. 11.3 The Tenant shall be permitted to increase the telecommunications service to the Property to the extent required to conduct the Tenant’s business, including, but not limited to, bring additional fiber to the facility, improve the capacity of the fiber entrance to the Property and contract with new fiber operators, or install a wholly new fiber entrance to the Property, all at the Tenant’s sole cost. The Tenant shall ensure that all work is performed in compliance with this Section 11 shall be responsible for repairing any damage caused by such work. 11.4 The Tenant shall take all required actions in order to obtain Tenant’s approvalcause any legal hypothecs registered on title as a result of the Work to be radiated within ten (10) Business Days following notice or knowledge of same and shall indemnify the Landlord in connection with same. Subject Should the Landlord be forced to take any action or measure in order to radiate legal hypothec(s) registered on title in connection with the provisions of Section 8(b)(ii) belowWork, all of then it is agreed that the Landlord’s Work shall be performed by Landlord at Landlord’s sole cost and expense. Landlord shall complete all of Landlord’s Work in a first-class and good and workmanlike mannercosts, using good materials, in accordance with the approved plans and specifications (if necessary), and in compliance with all applicable laws and regulations of the federal, state and municipal governments, or any department or division thereof, including, including without limitation, building codesjudicial and extrajudicial legal fees shall be borne by the Tenant.

Appears in 1 contract

Sources: Lease Agreement (Bit Digital, Inc)