Common use of Performance of Alterations Clause in Contracts

Performance of Alterations. Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations and for the final approval thereof upon completion, and shall cause the Alterations to be performed in compliance therewith and in compliance with all applicable laws and requirements of public authorities, including without limitation, Titles I and III of the ADA, the OSHA General Industry Standard (29 C.F.R. Section 1910.1001, et seq.) and the OSHA Construction Standard (29 C.F.R. Section 1926.1001, et seq.), all entities holding Mortgages on the Building and with Landlord’s rules and regulations or any other restrictions Landlord may impose on the Alterations. Tenant shall not commence any Alterations without having first demonstrated, to Landlord’s satisfaction, that all such permits and certificates have been obtained. The Alterations shall be diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the standards for the Building established by Landlord. Alterations shall be performed by contractors first approved by Landlord, and Tenant’s Agents shall work in harmony, and not interfere with, Landlord and its Agents or with any other tenants or occupants of the Building. Tenant shall, and hereby does, indemnify, defend, and hold Landlord harmless from any and all claims, damages or losses, of any nature (including reasonable fees of attorneys of Landlord’s choosing), suffered by Landlord, whether directly or indirectly, as a result of, or due to, or arising from, the performance of any Alterations by, or on behalf of, Tenant. Alterations shall be performed in such manner so as to not unreasonably interfere with or delay and so as not to impose any additional expense upon Landlord in the construction, maintenance, repair or operation of the Building; and if any such expense is incurred by Landlord, Tenant shall pay the same upon demand. Tenant acknowledges that if any Alterations commenced or performed in violation of any provision of this Article XII shall cause Landlord irreparable injury, Landlord shall have the right to enjoin any such violations by injunction or other equitable relief.

Performance of Alterations. The work necessary to make any Alterations shall be done by employees of or contractors employed by Landlord or, with Landlord’s prior written consent, by contractors and subcontractors arranged for by Tenant and approved by Landlord. If Alterations are, with Landlord’s consent, performed by contractors employed by Tenant, at Tenant shall deliver to Landlord, for its expensereview and approval prior to commencing any such Alterations, copies of all contracts and subcontracts related to such Alterations, and plans, working drawings and specifications necessary to perform such work. Landlord’s review of Tenant’s plans, specifications or working drawings shall obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations and for the final approval thereof upon completionimpose no responsibility or liability on Landlord, and shall cause not constitute a representation, warranty or guarantee by Landlord, with respect to the completeness, design, sufficiency or compliance thereof with any Laws. In addition, Alterations shall be performed subject to all conditions that Landlord may impose upon Tenant and its contractors and subcontractors, including without limitation: furnishing Landlord with bonds and other security for the payment of all costs to be incurred in connection with such Alterations; insuring against liabilities which may arise out of such Alterations, as determined by Landlord; obtaining necessary licenses and permits; contractor and subcontractor lien waivers; affidavits listing all contractors, subcontractors and suppliers; use of union labor (if Landlord uses union labor); affidavits from engineers acceptable to Landlord stating that the Alterations will not adversely affect the systems and equipment or the structure of the Building; and requirements as to the manner and times in which such Alterations shall be done. All Alterations performed by Tenant or its contractors shall be done in compliance therewith a first-class, workmanlike manner using only new and in compliance good grades of materials and shall comply with all applicable laws insurance requirements and requirements all Laws. Tenant shall permit Landlord to supervise all Alterations, and Landlord may charge a supervising fee not to exceed: (a) ten percent (10%) of public authoritiesthe total cost of the Alterations, including without limitation, Titles I all labor and III material costs, if Tenant’s employees or contractors perform the Alterations, or (b) fifteen percent (15%) of the ADAtotal cost of the Alterations, the OSHA General Industry Standard (29 C.F.R. Section 1910.1001including, et seq.) and the OSHA Construction Standard (29 C.F.R. Section 1926.1001, et seq.)without limitation, all entities holding Mortgages on the Building labor and with material costs, if Landlord’s rules and regulations employees or any other restrictions Landlord may impose on contractors perform the Alterations. Tenant shall not commence promptly pay to Landlord and/or to Tenant’s contractors, as the case may be, when due, the cost of all work and of all decorating required in connection with any Alterations without having first demonstratedAlterations, and all supervising fees, and if payment is made directly to Tenant’s contractors, upon completion of the Alterations, Tenant shall deliver to Landlord evidence of payment and full and final waivers of all liens for labor, services or materials. Except to the extent caused by Landlord’s satisfactiongross negligence or willful misconduct, that Tenant shall indemnify, defend and hold Landlord and its owners and their respective officers, shareholders, directors, partners, agents and employees (collectively, the “Landlord Parties”) harmless from all such permits claims, causes of action, liabilities, losses, costs, damages, liens and certificates have been obtained. The Alterations shall be diligently performed in a good and workmanlike mannerexpenses related to any Alterations, using new materials and equipment at least equal in quality and class to the standards for the Building established by Landlord. Alterations shall be whether performed by contractors first approved by or under the direction of Landlord, and Tenant’s Agents shall work whether performed in harmony, and not interfere with, Landlord and its Agents compliance with this Section 12 or with any other tenants or occupants of the Building. Tenant shall, and hereby does, indemnify, defend, and hold Landlord harmless from any and all claims, damages or losses, of any nature (including reasonable fees of attorneys of Landlord’s choosing), suffered conditions imposed by Landlord, whether directly or indirectly, as a result of, or due to, or arising from, the performance of any Alterations by, or on behalf of, Tenant. Alterations shall be performed in such manner so as to not unreasonably interfere with or delay and so as not to impose any additional expense upon Landlord in the construction, maintenance, repair or operation of the Building; and if any such expense is incurred by Landlord, Tenant shall pay the same upon demand. Tenant acknowledges that if any Alterations commenced or performed in violation of any provision of this Article XII shall cause Landlord irreparable injury, Landlord shall have the right to enjoin any such violations by injunction or other equitable relief.