Repairs and Alterations by Tenant. 10.1 Subject to Paragraph 18, Tenant will, at Tenant’s own cost and expense, repair any damage done to the Project, or any part thereof, including replacement of damaged portions or items, caused by Tenant or Tenant’s agents, employees, invitees, or visitors, and Tenant covenants and agrees to make all such repairs as may be required to restore the Project to as good a condition as it was in prior to such damage. All such work or repairs by Tenant must be effected in compliance with all applicable Regulations; provided, however, if Tenant fails to make such repairs or replacements promptly, Landlord may, at its option, make repairs or replacements, and Tenant will pay (as additional rent) the cost thereof to the Landlord within 10 days of Landlord’s demand therefor, as additional rent. The provisions of this Paragraph 10.1 will survive expiration or termination of this Lease. 10.2 Tenant will not place or install or allow to be placed or installed any signs on or in the Premises which are visible from outside the Premises, without first obtaining the prior written consent of Landlord in each such instance, which consent may be given on such conditions as Landlord may elect. 10.3 Any alterations, additions or improvements made by or on behalf of Tenant to the Premises (“Tenant Alterations”) will be subject to Landlord’s prior written consent, which consent will not be unreasonably withheld or delayed. Landlord will not be deemed to have unreasonably withheld its consent to any Tenant Alterations if its consent is withheld because such Tenant Alterations: (i) are not consistent with the first-class nature or the architectural character of the Building; (ii) could adversely affect the structure of the Building, the HVAC system or electrical, mechanical, plumbing or other lines or systems in the Building or the Building circuitry; (iii) could increase Landlord’s costs of operating and maintaining the Building unless Tenant pays all such costs; (iv) would violate the terms of any applicable zoning or building laws or ordinances; or (v) include the use of wall covering that is impermeable to humidity or vapor; the foregoing being merely examples of reasons for which Landlord may reasonably withhold its consent and will not be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the foregoing examples. However, with respect to alterations to the Premises comprised solely of cosmetic changes (such as painting and carpeting), or with respect to alterations to the Premises which do not consist solely of cosmetic changes but which cost $30,000 or less per project (for purposes of such determination, multiple alterations that are related will be grouped together) and which do not fall within any of the foregoing factors (i) through (v), Tenant will give Landlord prior written notice (only for such Tenant Alterations costing more than $5,000 (grouped as set forth above)) but need not obtain Landlord’s consent (such Tenant Alterations not requiring Landlord’s consent are referred to herein as “Minor Alterations”). Tenant will cause, at its expense, any Tenant Alterations to comply with applicable insurance requirements and with all applicable Regulations, and will construct at its expense any alteration or modification required by applicable Regulations as a result of any Tenant Alterations. All Tenant Alterations must be constructed in a good and workmanlike manner by contractors reasonably acceptable to Landlord and only good grades of materials may be used. Tenant may not install or cause to be installed in the Premises a wall covering that is impermeable to humidity or vapor. All plans and specifications for any Tenant Alterations requiring Landlord’s consent pursuant this Paragraph 10.3, and a copy of all required permits, must be submitted to Landlord for its approval before the work begins (which approval will not be unreasonably withheld or delayed). Landlord may monitor construction of the Tenant Alterations. Tenant will pay to Landlord as additional rent an amount equal to 3% of the total hard and soft costs of performing and constructing the Tenant Alterations to cover Landlord’s overhead expenses and to compensate Landlord for its services hereunder, and in addition Tenant will reimburse Landlord for Landlord’s reasonable actual out-of-pocket costs for third-party architectural or engineering (or both) review of Tenant’s plans and specifications for such Tenant Alterations; provided, however, that such 3% fee and such reimbursement obligation will not apply to Tenant Alterations comprised solely of Minor Alterations. Landlord’s right to review plans and specifications and to monitor construction will be solely for its own benefit, and Landlord will have no duty to see that such plans and specifications or construction comply with applicable laws, codes, rules and regulations or that such plans and specifications are adequate for Tenant’s use or purposes. Tenant will provide Landlord with the identities and mailing address of all persons performing work or supplying materials, prior to beginning such construction of Tenant Alterations for which Landlord’s consent is required pursuant to this Paragraph 10.3, and Landlord may post on and about the Premises notices of nonresponsibility pursuant to applicable law. Tenant will 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 personal injury and property damage during construction. Tenant will insure any such Tenant Alterations in accordance with Paragraph 17.1(a) (other than the Tenant Work, which shall be insured by Landlord pursuant to Paragraph 17.2). In connection with any Tenant Alterations, Tenant’s contractor must (and its contract must so provide): (a) conduct its work in such a manner so as not to unreasonably interfere with Project operations, or any other construction occurring on or in the Project or in the Premises; (b) execute a set of and comply with the Building’s then-current Tenant Contractor Rules and Regulations and comply with all additional rules and regulations relating to construction activities in or on the Project as may be reasonably promulgated from time to time and uniformly enforced by Landlord or its agents; (c) deliver to Landlord detailed “as built” plans immediately after the alterations or improvements are complete, if requested by Landlord; (d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work including, but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials and access to the Property; and (e) perform its work in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and so as not to cause interference with the continuance of work to be performed or services to be rendered to the Project. Without limiting the foregoing, the following work, whether performed as a Tenant Alteration or as an initial leasehold improvements pursuant to the Work Letter (if any) attached hereto, must be performed (and in the event that Tenant engages for or causes the same to be performed, Tenant will cause its contractor to engage such work to be performed) only by subcontractors having collective bargaining agreements with unions affiliated with the Building and Construction Trades Department of the AFL-CIO as of January 1, 2001 (a list of such unions is attached hereto as Exhibit F): (i) any expansion to expand the size of the Premises beyond the size of the initial Premises hereunder, including any tenant improvements in connection with such expansion; (ii) major repairs or replacements of any supplemental heating, ventilation and air conditioning system, or (iii) installation, repair and replacement of any electric panel board and any entry service cables. For Tenant Alterations requiring Landlord’s consent, Landlord will have the right to approve Tenant’s contractor and all subcontractors to be used by Tenant’s contractor, which approval will not be unreasonably withheld or delayed. Tenant and its contractors are hereby prohibited from engaging any contractors or subcontractors that will or may cause labor disharmony. Upon completion of any Tenant Alterations requiring Landlord’s consent, Tenant will deliver to Landlord sworn statements setting forth the names of all contractors, subcontractors and material suppliers who did work on or supplied materials for the Tenant Alterations, and final, unconditional lien waivers from all such contractors, subcontractors and material suppliers in the form required by applicable law. Tenant will have no right to make any repairs, alterations or improvements to, within or on any of the Common Areas. Within ten (10) days following completion of any Tenant Alterations (but not for Minor Alterations), Tenant will cause a Notice of Completion to be recorded in the office of the Recorder of the County in which the Property is located in accordance with Section 3093 of the California Civil Code or any successor statute and furnish a copy thereof to Landlord upon recordation, and Tenant shall timely give all notices required pursuant to Section 3259.5 of the California Civil Code or any successor statute, failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as Tenant’s agent for such purpose. Landlord reserves the right to require that Tenant terminate its contract with Tenant’s contractor if such contractor is engaged in a labor dispute which disrupts such contractor’s work, the work of any other contractor at the Project or the operation of the Project. Landlord will also have the right to order any contractor of Tenant who violates any of Landlord’s requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Project. Tenant agrees that its contractors will not conduct their work in such manner so as to interfere with or cause any interruption of (i) Landlord’s construction, (ii) another tenant’s occupancy or construction, or (iii) other phases of Landlord’s operation of the Project. 10.4 Any and all alterations or improvements to the Premises will become the property of Landlord upon termination of this Lease (except for movable equipment or furniture owned by Tenant). Landlord may, nonetheless, require Tenant to remove any and all fixtures, equipment and other alterations or improvements installed on the Premises and restore the Premises to Building Standard by the expiration or termination of this Lease. If Landlord so requires and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant will pay Landlord on demand (as additional rent) the cost of restoring the Premises to Building Standard. However, at the time that Tenant requests Landlord’s consent to specific alterations, Tenant may also request that Landlord notify Tenant whether Landlord will, upon expiration or termination of the Lease Term, require Tenant to remove the subject improvements. If Tenant so requests and if Landlord consents to the alterations, then Landlord will also notify Tenant whether Landlord will require removal of any such alterations or improvements at the expiration or termination of the Lease Term. At the expiration or termination of the Lease Term, Tenant will not be required to remove any such alterations or improvements if and to the extent that Landlord previously notified Tenant that removal of such alterations or improvements would not be required. The provisions of this Paragraph 10.4 will survive expiration or termination of this Lease. Landlord may require Tenant to remove wires, cables and telecommunications equipment pursuant to Paragraph 29. Tenant’s trade fixtures, furniture, equipment, and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. At any time, Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the installation or removal thereof. Tenant must remove Tenant’s Property upon expiration or termination of this Lease pursuant to Paragraph 9.2.
Appears in 1 contract
Sources: Lease Agreement (Fusion-Io, Inc.)
Repairs and Alterations by Tenant. 10.1 Subject to Paragraph 18, A. Tenant willshall, at Tenant’s 's own cost and expense, repair any keep the Premises in good condition and repair, ordinary wear and tear and damage done to the Project, or any part thereof, including replacement of damaged portions or items, caused by Tenant or Tenant’s agents, employees, invitees, or visitors, fire and Tenant covenants and agrees to make all such casualty excepted. Such repairs as may be required to shall restore the Project Premises to as good a condition as it was in prior to such damage. All such work or repairs by Tenant must at the Commencement Date and shall be effected in compliance with all applicable Regulations; provided, however, if the reasonable directions of Landlord. If Tenant fails to make such repairs or replacements to the Premises promptly, Landlord may, at its option, make repairs or replacementssuch repairs, and Tenant will shall pay (as additional rent) the cost thereof to the Landlord within 10 days of Landlord’s on demand therefor, as additional rent. The provisions of this Paragraph 10.1 will survive expiration or termination of this LeaseRent.
10.2 B. Tenant will shall not place or install make or allow to be placed made any alterations, additions or installed any signs on or in the Premises which are visible from outside improvements ("Alterations") to the Premises, without first obtaining the prior written consent of Landlord. Prior to commencing any such work and as a condition to obtaining Landlord's consent, Tenant must furnish Landlord with plans and specifications; names and addresses of contractors; copies of contracts; necessary permits; evidence of contractor's and subcontractor's insurance in each a type and amount acceptable to Landlord; and payment bond or other security, all in form and amount satisfactory to Landlord. All such instance, which consent may Alterations shall be given on installed in a good workmanlike manner using new materials. Landlord shall have the right to designate the time when any such conditions as Landlord may elect.
10.3 Any alterations, additions and improvements may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion, Tenant shall furnish "as-built" plans, contractor's affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All Alterations shall comply with all insurance requirements, codes, ordinances, laws and regulations, including without limitation, the Americans with Disabilities Act. Tenant shall reimburse Landlord upon demand as additional Rent for all sums expended by Landlord for examination of the architectural, mechanical, electric and plumbing plans for any Alterations. If Landlord so requests, Tenant shall permit Landlord to supervise construction operations, but no such supervision shall impose any liability upon Landlord. In the event Landlord supervises such construction, Landlord shall be entitled to a supervisory fee in the amount of ten percent (10%) of the cost of such construction. Landlord's approval of Tenant's plans and specifications or improvements made by supervision of any work performed for or on behalf of Tenant to the Premises (“Tenant Alterations”) will be subject to Landlord’s prior written consent, which consent will not be unreasonably withheld or delayed. Landlord will shall not be deemed to have unreasonably withheld its consent to any Tenant Alterations if its consent is withheld because such Tenant Alterations: (i) are not consistent with the first-class nature or the architectural character of the Building; (ii) could adversely affect the structure of the Building, the HVAC system or electrical, mechanical, plumbing or other lines or systems in the Building or the Building circuitry; (iii) could increase Landlord’s costs of operating and maintaining the Building unless Tenant pays all such costs; (iv) would violate the terms of any applicable zoning or building laws or ordinances; or (v) include the use of wall covering that is impermeable to humidity or vapor; the foregoing being merely examples of reasons for which be a representation by Landlord may reasonably withhold its consent and will not be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the foregoing examples. However, with respect to alterations to the Premises comprised solely of cosmetic changes (such as painting and carpeting), or with respect to alterations to the Premises which do not consist solely of cosmetic changes but which cost $30,000 or less per project (for purposes of such determination, multiple alterations that are related will be grouped together) and which do not fall within any of the foregoing factors (i) through (v), Tenant will give Landlord prior written notice (only for such Tenant Alterations costing more than $5,000 (grouped as set forth above)) but need not obtain Landlord’s consent (such Tenant Alterations not requiring Landlord’s consent are referred to herein as “Minor Alterations”). Tenant will cause, at its expense, any Tenant Alterations to comply with applicable insurance requirements and with all applicable Regulations, and will construct at its expense any alteration or modification required by applicable Regulations as a result of any Tenant Alterations. All Tenant Alterations must be constructed in a good and workmanlike manner by contractors reasonably acceptable to Landlord and only good grades of materials may be used. Tenant may not install or cause to be installed in the Premises a wall covering that is impermeable to humidity or vapor. All plans and specifications for any Tenant Alterations requiring Landlord’s consent pursuant this Paragraph 10.3, and a copy of all required permits, must be submitted to Landlord for its approval before the work begins (which approval will not be unreasonably withheld or delayed). Landlord may monitor construction of the Tenant Alterations. Tenant will pay to Landlord as additional rent an amount equal to 3% of the total hard and soft costs of performing and constructing the Tenant Alterations to cover Landlord’s overhead expenses and to compensate Landlord for its services hereunder, and in addition Tenant will reimburse Landlord for Landlord’s reasonable actual out-of-pocket costs for third-party architectural or engineering (or both) review of Tenant’s plans and specifications for such Tenant Alterations; provided, however, that such 3% fee and such reimbursement obligation will not apply to Tenant Alterations comprised solely of Minor Alterations. Landlord’s right to review plans and specifications and to monitor construction will be solely for its own benefit, and Landlord will have no duty to see that such plans and specifications or construction comply with applicable lawsinsurance requirements, building codes, rules and ordinances, laws or regulations or that any such plans alterations, additions and specifications are improvements will be adequate for Tenant’s use or purposes. Tenant will provide Landlord with the identities and mailing address of all persons performing work or supplying materials, prior to beginning such construction of Tenant Alterations for which Landlord’s consent is required pursuant to this Paragraph 10.3, and Landlord may post on and about the Premises notices of nonresponsibility pursuant to applicable law. Tenant will 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 personal injury and property damage during construction. Tenant will insure any such Tenant Alterations in accordance with Paragraph 17.1(a) (other than the Tenant Work, which shall be insured by Landlord pursuant to Paragraph 17.2). In connection with any Tenant Alterations, Tenant’s contractor must (and its contract must so provide):
(a) conduct its work in such a manner so as not to unreasonably interfere with Project operations, or any other construction occurring on or in the Project or in the Premises;
(b) execute a set of and comply with the Building’s then-current Tenant Contractor Rules and Regulations and comply with all additional rules and regulations relating to construction activities in or on the Project as may be reasonably promulgated from time to time and uniformly enforced by Landlord or its agents;
(c) deliver to Landlord detailed “as built” plans immediately after the alterations or improvements are complete, if requested by Landlord;
(d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work including, but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials and access to the Property; and
(e) perform its work in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and so as not to cause interference with the continuance of work to be performed or services to be rendered to the Project. Without limiting the foregoing, the following work, whether performed as a Tenant Alteration or as an initial leasehold improvements pursuant to the Work Letter (if any) attached hereto, must be performed (and in the event that Tenant engages for or causes the same to be performed, Tenant will cause its contractor to engage such work to be performed) only by subcontractors having collective bargaining agreements with unions affiliated with the Building and Construction Trades Department of the AFL-CIO as of January 1, 2001 (a list of such unions is attached hereto as Exhibit F): (i) any expansion to expand the size of the Premises beyond the size of the initial Premises hereunder, including any tenant improvements in connection with such expansion; (ii) major repairs or replacements of any supplemental heating, ventilation and air conditioning system, or (iii) installation, repair and replacement of any electric panel board and any entry service cables. For Tenant Alterations requiring Landlord’s consent, Landlord will have the right to approve Tenant’s contractor and all subcontractors to be used by Tenant’s contractor, which approval will not be unreasonably withheld or delayed. Tenant and its contractors are hereby prohibited from engaging any contractors or subcontractors that will or may cause labor disharmony. Upon completion of any Tenant Alterations requiring Landlord’s consent, Tenant will deliver to Landlord sworn statements setting forth the names of all contractors, subcontractors and material suppliers who did work on or supplied materials for the Tenant Alterations, and final, unconditional lien waivers from all such contractors, subcontractors and material suppliers in the form required by applicable law. Tenant will have no right to make any repairs, alterations or improvements to, within or on any of the Common Areas. Within ten (10) days following completion of any Tenant Alterations (but not for Minor Alterations), Tenant will cause a Notice of Completion to be recorded in the office of the Recorder of the County in which the Property is located in accordance with Section 3093 of the California Civil Code or any successor statute and furnish a copy thereof to Landlord upon recordation, and Tenant shall timely give all notices required pursuant to Section 3259.5 of the California Civil Code or any successor statute, failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as Tenant’s agent for such purpose. Landlord reserves the right to require that Tenant terminate its contract with Tenant’s contractor if such contractor is engaged in a labor dispute which disrupts such contractor’s work, the work of any other contractor at the Project or the operation of the Project. Landlord will also have the right to order any contractor of Tenant who violates any of Landlord’s requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Project. Tenant agrees that its contractors will not conduct their work in such manner so as to interfere with or cause any interruption of (i) Landlord’s construction, (ii) another tenant’s occupancy or construction, or (iii) other phases of Landlord’s operation of the Project.
10.4 Any and all alterations or improvements to the Premises will become the property of Landlord upon termination of this Lease (except for movable equipment or furniture owned by Tenant). Landlord may, nonetheless, require Tenant to remove any and all fixtures, equipment and other alterations or improvements installed on the Premises and restore the Premises to Building Standard by the expiration or termination of this Lease. If Landlord so requires and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant will pay Landlord on demand (as additional rent) the cost of restoring the Premises to Building Standard. However, at the time that Tenant requests Landlord’s consent to specific alterations, Tenant may also request that Landlord notify Tenant whether Landlord will, upon expiration or termination of the Lease Term, require Tenant to remove the subject improvements. If Tenant so requests and if Landlord consents to the alterations, then Landlord will also notify Tenant whether Landlord will require removal of any such alterations or improvements at the expiration or termination of the Lease Term. At the expiration or termination of the Lease Term, Tenant will not be required to remove any such alterations or improvements if and to the extent that Landlord previously notified Tenant that removal of such alterations or improvements would not be required. The provisions of this Paragraph 10.4 will survive expiration or termination of this Lease. Landlord may require Tenant to remove wires, cables and telecommunications equipment pursuant to Paragraph 29. Tenant’s trade fixtures, furniture, equipment, and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. At any time, Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the installation or removal thereof. Tenant must remove Tenant’s Property upon expiration or termination of this Lease pursuant to Paragraph 9.2.'s use,
Appears in 1 contract
Sources: Office Lease (Bsquare Corp /Wa)
Repairs and Alterations by Tenant. 10.1 Subject to Paragraph 18, a) Tenant willcovenants and agrees with Landlord, at Tenant’s own cost and 's sole expense, to repair any damage done to the Project, Premises or any part thereof, including necessary replacement of damaged portions or itemswithin five (5) days after written notification to Tenant, where such damage is caused by Tenant or Tenant’s 's agents, employees, invitees, or visitors, and Tenant covenants and agrees to make all such repairs as may be required to restore the Project to as good a condition as it was in prior to such damagelicensees or permitted assigns. All such work or repairs by Tenant must shall be effected in compliance with all applicable Regulationslaws; provided, however, if Tenant fails to make such repairs or replacements promptly, Landlord may, at its option, make such repairs or replacements, and Tenant will shall pay (as additional rent) the cost thereof to the Landlord within 10 fifteen (15) days of after Landlord’s 's written demand therefortherefore, as additional rent. The provisions of this Paragraph 10.1 will survive expiration or termination of this Lease.
10.2 In such event, Tenant will hereby grants Landlord reasonable access to Tenant's Premises for the foregoing purposes. Tenant agrees with Landlord not place or install to make or allow to be placed made any improvements or installed alterations to the Premises, install any vending machines on the Premises, or place signs on or in the Premises which are visible from outside the PremisesPremises or in the corridors, without first obtaining the prior written consent of Landlord in each such instance, which consent may shall not be given on such conditions as Landlord may elect.
10.3 unreasonably withheld. Any alterations, and all permanent alterations or additions or improvements made by or on behalf of Tenant to the Premises (“Tenant Alterations”) will be subject to Landlord’s prior written consent, which consent will not be unreasonably withheld or delayed. Landlord will not be deemed to have unreasonably withheld its consent to any Tenant Alterations if its consent is withheld because such Tenant Alterations: (i) are not consistent with the first-class nature or the architectural character of the Building; (ii) could adversely affect the structure of the Building, the HVAC system or electrical, mechanical, plumbing or other lines or systems in the Building or the Building circuitry; (iii) could increase Landlord’s costs of operating and maintaining the Building unless Tenant pays all such costs; (iv) would violate the terms of any applicable zoning or building laws or ordinances; or (v) include the use of wall covering that is impermeable to humidity or vapor; the foregoing being merely examples of reasons for which Landlord may reasonably withhold its consent and will not be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the foregoing examples. However, with respect to alterations to the Premises comprised solely of cosmetic changes (such as painting and carpeting), or with respect to alterations to the Premises which do not consist solely of cosmetic changes but which cost $30,000 or less per project (for purposes of such determination, multiple alterations that are related will be grouped together) and which do not fall within any of the foregoing factors (i) through (v), Tenant will give Landlord prior written notice (only for such Tenant Alterations costing more than $5,000 (grouped as set forth above)) but need not obtain Landlord’s consent (such Tenant Alterations not requiring Landlord’s consent are referred to herein as “Minor Alterations”). Tenant will cause, at its expense, any Tenant Alterations to comply with applicable insurance requirements and with all applicable Regulations, and will construct at its expense any alteration or modification required made by applicable Regulations as a result of any Tenant Alterations. All Tenant Alterations must be constructed in a good and workmanlike manner by contractors reasonably acceptable to Landlord and only good grades of materials may be used. Tenant may not install or cause to be installed in the Premises a wall covering that is impermeable to humidity or vapor. All plans and specifications for any Tenant Alterations requiring Landlord’s consent pursuant this Paragraph 10.3, and a copy of all required permits, must be submitted to Landlord for its approval before the work begins (which approval will not be unreasonably withheld or delayed). Landlord may monitor construction of the Tenant Alterations. Tenant will pay to Landlord as additional rent an amount equal to 3% of the total hard and soft costs of performing and constructing the Tenant Alterations to cover Landlord’s overhead expenses and to compensate Landlord for its services hereunder, and in addition Tenant will reimburse Landlord for Landlord’s reasonable actual out-of-pocket costs for third-party architectural or engineering (or both) review of Tenant’s plans and specifications for such Tenant Alterations; provided, however, that such 3% fee and such reimbursement obligation will not apply to Tenant Alterations comprised solely of Minor Alterations. Landlord’s right to review plans and specifications and to monitor construction will be solely for its own benefit, and Landlord will have no duty to see that such plans and specifications or construction comply with applicable laws, codes, rules and regulations or that such plans and specifications are adequate for Tenant’s use or purposes. Tenant will provide Landlord with the identities and mailing address of all persons performing work or supplying materials, prior to beginning such construction of Tenant Alterations for which Landlord’s consent is required pursuant to this Paragraph 10.3, and Landlord may post on and about the Premises notices of nonresponsibility pursuant to applicable law. Tenant will 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 personal injury and property damage during construction. Tenant will insure any such Tenant Alterations in accordance with Paragraph 17.1(a) (other than the Tenant Work, which shall be insured by Landlord pursuant to Paragraph 17.2). In connection with any Tenant Alterations, Tenant’s contractor must (and its contract must so provide):
(a) conduct its work in such a manner so as not to unreasonably interfere with Project operations, or any other construction occurring on or in the Project or in the Premises;
(b) execute a set of and comply with the Building’s then-current Tenant Contractor Rules and Regulations and comply with all additional rules and regulations relating to construction activities in or on the Project as may be reasonably promulgated from time to time and uniformly enforced by Landlord or its agents;
(c) deliver to Landlord detailed “as built” plans immediately after the alterations or improvements are complete, if requested by Landlord;
(d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work including, but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials and access to the Property; and
(e) perform its work in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and so as not to cause interference with the continuance of work to be performed or services to be rendered to the Project. Without limiting the foregoing, the following work, whether performed as a Tenant Alteration or as an initial leasehold improvements pursuant to the Work Letter (if any) attached hereto, must be performed (and in the event that Tenant engages for or causes the same to be performed, Tenant will cause its contractor to engage such work to be performed) only by subcontractors having collective bargaining agreements with unions affiliated with the Building and Construction Trades Department of the AFL-CIO as of January 1, 2001 (a list of such unions is attached hereto as Exhibit F): (i) any expansion to expand the size of the Premises beyond the size of the initial Premises hereunder, including any tenant improvements in connection with such expansion; (ii) major repairs or replacements of any supplemental heating, ventilation and air conditioning system, or (iii) installation, repair and replacement of any electric panel board and any entry service cables. For Tenant Alterations requiring Landlord’s consent, Landlord will have the right to approve Tenant’s contractor and all subcontractors to be used by Tenant’s contractor, which approval will not be unreasonably withheld or delayed. Tenant and its contractors are hereby prohibited from engaging any contractors or subcontractors that will or may cause labor disharmony. Upon completion of any Tenant Alterations requiring Landlord’s consent, Tenant will deliver to Landlord sworn statements setting forth the names of all contractors, subcontractors and material suppliers who did work on or supplied materials for the Tenant Alterations, and final, unconditional lien waivers from all such contractors, subcontractors and material suppliers in the form required by applicable law. Tenant will have no right to make any repairs, alterations or improvements to, within or on any of the Common Areas. Within ten (10) days following completion of any Tenant Alterations (but not for Minor Alterations), Tenant will cause a Notice of Completion to be recorded in the office of the Recorder of the County in which the Property is located in accordance with Section 3093 of the California Civil Code or any successor statute and furnish a copy thereof to Landlord upon recordation, and Tenant shall timely give all notices required pursuant to Section 3259.5 of the California Civil Code or any successor statute, failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as Tenant’s agent for such purpose. Landlord reserves the right to require that Tenant terminate its contract with Tenant’s contractor if such contractor is engaged in a labor dispute which disrupts such contractor’s work, the work of any other contractor at the Project or the operation of the Project. Landlord will also have the right to order any contractor of Tenant who violates any of Landlord’s requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Project. Tenant agrees that its contractors will not conduct their work in such manner so as to interfere with or cause any interruption of (i) Landlord’s construction, (ii) another tenant’s occupancy or construction, or (iii) other phases of Landlord’s operation of the Project.
10.4 Any and all alterations or improvements to the Premises will become the property of Landlord upon termination of this Lease (except for movable equipment or furniture owned installation by Tenant). Upon termination, Landlord may, nonetheless, require Tenant to remove any and all fixtures, equipment and other alterations or improvements so installed on the Premises and restore Premises. In the Premises to Building Standard by the expiration or termination of this Lease. If event that Landlord so requires elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost's sole expense, and Tenant will shall promptly pay Landlord on demand (as additional rent) the cost of restoring the Premises to the same condition they were in prior to the installation thereof ordinary wear and tear excepted.
b) In the event any damage to the Building Standard. Howeveror the Property is due in whole or in part to the action or inaction of Tenant, or Tenant's agents, employees, invitees, visitors, licensees, or permitted sublessees or assigns, the necessary repair, including replacement, may be made by Landlord, at the time that Tenant requests Tenant's sole cost and expense which shall be due to Landlord as Additional Rent payable within fifteen (15) days after Landlord’s consent to specific alterations's written demand, Tenant may also request that Landlord notify Tenant whether Landlord will, upon expiration or termination of the Lease Term, require Tenant to remove the subject improvements. If Tenant so requests and if Landlord consents to the alterations, then Landlord will also notify Tenant whether Landlord will require removal of any such alterations or improvements at the expiration or termination of the Lease Term. At the expiration or termination of the Lease Term, Tenant will not be required to remove any such alterations or improvements if and to the extent that Landlord previously notified Tenant that removal of such alterations or improvements would not be required. The provisions of this Paragraph 10.4 will survive expiration or termination of this Lease. Landlord may require Tenant to remove wires, cables and telecommunications equipment pursuant to Paragraph 29. Tenant’s trade fixtures, furniture, equipment, and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. At any time, event Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the installation or removal thereof. Tenant must remove Tenant’s Property upon expiration or termination of this Lease pursuant fails to Paragraph 9.2repair.
Appears in 1 contract
Sources: Office Lease Agreement (Manchester Equipment Co Inc)
Repairs and Alterations by Tenant. 10.1 Subject to Paragraph 18, Tenant willcovenants and agrees with Landlord, at Tenant’s 's own cost and expense, to promptly repair any damage done to the ProjectBuilding or Land, or any part thereof, including replacement of damaged portions or items, caused by Tenant or any of its subtenants or licensees, or Tenant’s 's partners, directors, officers, agents, employees, invitees, or visitorscontractors, and Tenant covenants and agrees to make all such repairs as may be required to restore the Project Building to as good a condition as it was in prior to such damage. All such work or repairs by Tenant must shall be effected in compliance with all applicable Regulationslaws; provided, however, if Tenant fails to make such repairs or replacements promptlywithin thirty (30) days after receiving prior written notice from Landlord (or such longer period if such repairs cannot be reasonably made within such time period, but in no event longer than ninety (90) days), Landlord may, at its option, make such repairs or replacements, and Tenant will shall pay (as additional rent) the cost thereof to the Landlord within 10 thirty (30) days of Landlord’s 's demand therefor, as additional rentAdditional Rent. The provisions Interest at the rate of this Paragraph 10.1 will survive expiration eighteen percent (18%) per annum (or termination the highest rate permitted by law, whichever is lower) shall begin accruing thirty days after Landlord's written demand is received by Tenant for said funds and until the date of this Lease.
10.2 repayment by Tenant will to Landlord. No such notice shall be required by either Landlord or Tenant to make emergency repairs to the Leased Premises. Tenant agrees with Landlord not place or install to make or allow to be placed or installed made any signs on or in alterations to the Premises which are visible from outside the Premisescosting in excess of Five Thousand and No/100 Dollars ($5,000.00), without first obtaining the prior written consent of Landlord in each such instance, which consent may be given on such conditions as Landlord may elect.
10.3 Any alterations, additions or improvements made by or on behalf of Tenant to the Premises (“Tenant Alterations”) will be subject to Landlord’s prior written consent, which consent will shall not be unreasonably withheld or delayed. Should Landlord will not fail to approve or disapprove any proposed alterations submitted to Landlord after receipt of ten (10) business days prior written notice, alterations shall be deemed to have unreasonably withheld its consent to any Tenant Alterations if its consent is withheld because such Tenant Alterations: (i) are not consistent with the first-class nature or the architectural character of the Building; (ii) could adversely affect the structure of the Building, the HVAC system or electrical, mechanical, plumbing or other lines or systems in the Building or the Building circuitry; (iii) could increase Landlord’s costs of operating approved. Any and maintaining the Building unless Tenant pays all such costs; (iv) would violate the terms of any applicable zoning or building laws or ordinances; or (v) include the use of wall covering that is impermeable to humidity or vapor; the foregoing being merely examples of reasons for which Landlord may reasonably withhold its consent and will not be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the foregoing examples. However, with respect to alterations to the Premises comprised solely of cosmetic changes (such as painting and carpeting), or with respect to alterations to the Premises which do not consist solely of cosmetic changes but which cost $30,000 or less per project (for purposes of such determination, multiple alterations that are related will be grouped together) and which do not fall within any of the foregoing factors (i) through (v), Tenant will give Landlord prior written notice (only for such Tenant Alterations costing more than $5,000 (grouped as set forth above)) but need not obtain Landlord’s consent (such Tenant Alterations not requiring Landlord’s consent are referred to herein as “Minor Alterations”). Tenant will cause, at its expense, any Tenant Alterations to comply with applicable insurance requirements and with all applicable Regulations, and will construct at its expense any alteration or modification required by applicable Regulations as a result of any Tenant Alterations. All Tenant Alterations must be constructed in a good and workmanlike manner by contractors reasonably acceptable to Landlord and only good grades of materials may be used. Tenant may not install or cause to be installed in the Premises a wall covering that is impermeable to humidity or vapor. All plans and specifications for any Tenant Alterations requiring Landlord’s consent pursuant this Paragraph 10.3, and a copy of all required permits, must be submitted to Landlord for its approval before the work begins (which approval will not be unreasonably withheld or delayed). Landlord may monitor construction of the Tenant Alterations. Tenant will pay to Landlord as additional rent an amount equal to 3% of the total hard and soft costs of performing and constructing the Tenant Alterations to cover Landlord’s overhead expenses and to compensate Landlord for its services hereunder, and in addition Tenant will reimburse Landlord for Landlord’s reasonable actual out-of-pocket costs for third-party architectural or engineering (or both) review of Tenant’s plans and specifications for such Tenant Alterations; provided, however, that such 3% fee and such reimbursement obligation will not apply to Tenant Alterations comprised solely of Minor Alterations. Landlord’s right to review plans and specifications and to monitor construction will be solely for its own benefit, and Landlord will have no duty to see that such plans and specifications or construction comply with applicable laws, codes, rules and regulations or that such plans and specifications are adequate for Tenant’s use or purposes. Tenant will provide Landlord with the identities and mailing address of all persons performing work or supplying materials, prior to beginning such construction of Tenant Alterations for which Landlord’s consent is required pursuant to this Paragraph 10.3, and Landlord may post on and about the Premises notices of nonresponsibility pursuant to applicable law. Tenant will 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 personal injury and property damage during construction. Tenant will insure any such Tenant Alterations in accordance with Paragraph 17.1(a) (other than the Tenant Work, which shall be insured by Landlord pursuant to Paragraph 17.2). In connection with any Tenant Alterations, Tenant’s contractor must (and its contract must so provide):
(a) conduct its work in such a manner so as not to unreasonably interfere with Project operations, or any other construction occurring on or in the Project or in the Premises;
(b) execute a set of and comply with the Building’s then-current Tenant Contractor Rules and Regulations and comply with all additional rules and regulations relating to construction activities in or on the Project as may be reasonably promulgated from time to time and uniformly enforced by Landlord or its agents;
(c) deliver to Landlord detailed “as built” plans immediately after the alterations or improvements are complete, if requested by Landlord;
(d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work including, but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials and access to the Property; and
(e) perform its work in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and so as not to cause interference with the continuance of work to be performed or services to be rendered to the Project. Without limiting the foregoing, the following work, whether performed as a Tenant Alteration or as an initial leasehold improvements pursuant to the Work Letter (if any) attached hereto, must be performed (and in the event that Tenant engages for or causes the same to be performed, Tenant will cause its contractor to engage such work to be performed) only by subcontractors having collective bargaining agreements with unions affiliated with the Building and Construction Trades Department of the AFL-CIO as of January 1, 2001 (a list of such unions is attached hereto as Exhibit F): (i) any expansion to expand the size of the Premises beyond the size of the initial Premises hereunder, including any tenant improvements in connection with such expansion; (ii) major repairs or replacements of any supplemental heating, ventilation and air conditioning system, or (iii) installation, repair and replacement of any electric panel board and any entry service cables. For Tenant Alterations requiring Landlord’s consent, Landlord will have the right to approve Tenant’s contractor and all subcontractors to be used by Tenant’s contractor, which approval will not be unreasonably withheld or delayed. Tenant and its contractors are hereby prohibited from engaging any contractors or subcontractors that will or may cause labor disharmony. Upon completion of any Tenant Alterations requiring Landlord’s consent, Tenant will deliver to Landlord sworn statements setting forth the names of all contractors, subcontractors and material suppliers who did work on or supplied materials for the Tenant Alterations, and final, unconditional lien waivers from all such contractors, subcontractors and material suppliers in the form required by applicable law. Tenant will have no right to make any repairs, alterations or improvements to, within or on any of the Common Areas. Within ten (10) days following completion of any Tenant Alterations (but not for Minor Alterations), Tenant will cause a Notice of Completion to be recorded in the office of the Recorder of the County in which become the Property is located in accordance with Section 3093 of the California Civil Code or any successor statute and furnish a copy thereof to Landlord upon recordation, and Tenant shall timely give all notices required pursuant to Section 3259.5 of the California Civil Code or any successor statute, failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as Tenant’s agent for such purpose. Landlord reserves the right to require that Tenant terminate its contract with Tenant’s contractor if such contractor is engaged in a labor dispute which disrupts such contractor’s work, the work of any other contractor at the Project or the operation of the Project. Landlord will also have the right to order any contractor of Tenant who violates any of Landlord’s requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Project. Tenant agrees that its contractors will not conduct their work in such manner so as to interfere with or cause any interruption of (i) Landlord’s construction, (ii) another tenant’s occupancy or construction, or (iii) other phases of Landlord’s operation of the Project.
10.4 Any and all alterations or improvements to the Premises will become the property of Landlord upon termination of this Lease (except for movable equipment equipment, trade fixtures, or furniture owned by Tenant). Landlord may, nonetheless, require Tenant to remove any and all fixtures, equipment and other alterations or improvements installed on the Premises and restore Leased Property. In the Premises to Building Standard by the expiration or termination of this Lease. If event that Landlord so requires elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s 's cost, and Tenant will shall pay Landlord on demand (as additional rent) the cost of restoring the Premises to Building Standard. However, at the time that Tenant requests Landlord’s consent to specific alterations, Tenant may also request that Landlord notify Tenant whether Landlord will, upon expiration or termination of the Lease Term, require Tenant to remove the subject improvements. If Tenant so requests and if Landlord consents to the alterations, then Landlord will also notify Tenant whether Landlord will require removal of any such alterations or improvements at the expiration or termination of the Lease Term. At the expiration or termination of the Lease Term, Tenant will not be required to remove any such alterations or improvements if and to the extent that Landlord previously notified Tenant that removal of such alterations or improvements would not be required. The provisions of this Paragraph 10.4 will survive expiration or termination of this Lease. Landlord may require Tenant to remove wires, cables and telecommunications equipment pursuant to Paragraph 29. Tenant’s trade fixtures, furniture, equipment, and other personal property installed in the Premises (“Tenant’s Leased Property”) shall at all times be and remain Tenant’s property. At any time, Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the installation or removal thereof. Tenant must remove Tenant’s Property upon expiration or termination of this Lease pursuant to Paragraph 9.2.
Appears in 1 contract
Sources: Lease Agreement (Qep Co Inc)
Repairs and Alterations by Tenant. 10.1 Subject (1) Except to Paragraph 18the extent such obligations are imposed upon Landlord hereunder, Tenant willshall, at its sole cost and expense, maintain the Premises in good order, condition and repair throughout the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall be responsible for all repairs, replacements and alterations in and to the Premises, Building and Property and the facilities and systems thereof, the need for which arises out of (a) Tenant’s use or occupancy of the Premises, (b) the installation, removal, use or operation of Tenant’s Property (as defined in Section 8. above), (c) the moving of Tenant’s Property into or out of the Building, or (d) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. All such repairs, replacements or alterations shall be performed in accordance with Section 10.B. below and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work in the Building. If Tenant fails to maintain the Premises in good order, condition and repair, Landlord shall give Tenant notice to perform such acts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work and diligently pursue it to its completion, then Landlord may, at is option, make such repairs, and Tenant shall pay the cost thereof to Landlord on demand as Additional Rent, together with an administration charge in an amount equal to ten percent (10%) of the cost of such repairs. Landlord shall, at its expense (except as included in Basic Costs), keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon:
(a) all structural elements of the Building; and (b) all mechanical, electrical and plumbing systems that serve the Building in general; and (c) the Building facilities common to all tenants including but not limited to, the ceilings, walls and floors in the Common Areas.
(2) Without limiting the generality of the foregoing, Tenant, at Tenant’s own sole cost and expense, repair shall promptly make all repairs and replacements to (a) any damage done to pipes, lines, ducts, wires or conduits servicing exclusively the ProjectPremises, (b) any heating, air conditioning, electrical, ventilating or plumbing equipment servicing exclusively the Premises (including, without limitation, the HVAC Unit (as defined below)), (c) all glass, window panes and doors, (d) any part thereofother mechanical systems servicing exclusively the Premises, including replacement of damaged portions or items, caused by Tenant or and (e) Tenant’s agentssigns and any portions of the Building to which such signs are affixed. Tenant shall be responsible, employeesat Tenant’s sole expense, inviteesfor providing all janitorial (including, or visitorswithout limitation, trash removal) and cleaning and pest and termite control services for the Premises in accordance with any rules and regulations established by Landlord in connection therewith. All such services shall be provided in accordance with standards customarily maintained for similar first class properties, and Tenant covenants shall maintain, at Tenant’s sole cost and agrees expense, service contracts therefor. Landlord shall have the right to make inspect the Premises, and if Landlord determines that the Premises are not being kept clean, or are not repaired or maintained, in a first-class manner, then Tenant shall take all measures required by Landlord for the proper cleanliness, repair and maintenance of the Premises, including, without limitation, the use of an exterminating firm designated from time to time by Landlord. Tenant shall install in the Premises, at Tenant’s sole cost and expense, any heating, ventilation and air-conditioning equipment and systems (the “HVAC Unit”) required by Landlord to adequately serve the Premises and the business therein. The HVAC Unit shall be of a type, size and location that is acceptable to Landlord in its sole and absolute discretion in all respects. The HVAC Unit shall not produce unreasonable noise and shall be adequate to ventilate the Premises and adjacent areas of the Building to Landlord’s satisfaction. Without limiting the generality of the foregoing, Tenant shall maintain, at Tenant’s sole cost and expense, a maintenance contract on the HVAC Unit in or serving the Premises. Such contract shall be with a contractor licensed to do business in the Commonwealth of Virginia and/or the County of Arlington, Virginia, as the same may be required by applicable Laws with respect to contractor licensing and reasonably approved by Landlord, and shall cover all parts and labor. From time to time, at Landlord’s request, Tenant shall provide Landlord with copies of all maintenance and service contracts and service order tickets. In addition, Landlord reserves the right to establish a regular inspection and maintenance program for all equipment maintained by Tenant and to provide all necessary or appropriate maintenance and repairs at Tenant’s expense. If the HVAC Unit serving the Premises also serves other tenants at the Building, then Tenant shall coordinate its responsibilities hereunder with such repairs other tenants unless Landlord, at its sole option, shall elect to maintain such HVAC Unit and allocate any costs contemplated by this Section among all tenants serviced by or benefiting from the service of the HVAC Unit. Tenant shall operate the HVAC Unit so as to adequately heat or cool the Premises for Tenant’s use of the Premises, and to maintain during Normal Business Hours temperatures in the Premises consistent with temperatures in the Common Areas of the Building so as not to cause any change in temperature in such Common Areas. Tenant shall not paint or decorate any part of the exterior of the Premises or decorate or paint any part of the interior of the Premises visible from the exterior thereof, without first obtaining Landlord’s prior written consent.
(3) Subject to Landlord’s rights as specified in Section 4.C. and this Section 10.A.3. Tenant shall maintain displays of merchandise in the display windows in the Premises, if any, and keep such display windows and any illuminated store signs lighted during Normal Business Hours and such additional hours Tenant operates its business in the Premises. Tenant shall keep security lights on in the Premises during other hours as may be required by Landlord from time to restore time. Any show window displays shall be clean and of an aesthetic and dignified type, in keeping with the Project high standards of the Building. Landlord shall at all times have the right to as good a condition as it was cause Tenant to remove any show window displays which, in prior to such damageLandlord’s sole discretion, are not in keeping with the standards of the Building. All such work or repairs by Tenant must be effected in compliance with all applicable Regulations; provided, howevershall wash the interior and exterior of Tenant’s display windows, if Tenant fails to make such repairs or replacements promptly, Landlord mayany, at such times as Landlord may reasonably determine at a minimum. Tenant shall keep the inside and outside of its optionstorefront, make repairs or replacementswalkways adjacent to the Premises, and Tenant will pay (as additional rent) glass in the cost thereof to doors and windows of the Landlord within 10 days of Landlord’s demand thereforPremises, as additional rentclean and in good repair, promptly replacing any glass that is cracked or broken. The provisions of this Paragraph 10.1 will survive expiration or termination of this Lease.
10.2 Tenant will not place or install maintain any articles of any kind against any glass in the doors and windows of the Premises, in the vestibule or entry of the Premises, on the walkways adjacent thereto or elsewhere on the exterior thereof.
(1) With the exception of the Initial Alterations as permitted by Exhibit D of this Lease, Tenant shall not make or allow to be placed made any further alterations, additions or installed any signs on or in the Premises which are visible from outside improvements to the Premises, without first obtaining the prior written consent of Landlord in each such instance, which consent may be refused or given on such conditions as Landlord may elect.
10.3 Any elect in Landlord’s sole and absolute discretion with respect to structural alterations, additions, or improvements and those non-structural alterations, additions or improvements made by or on behalf which are visible from the exterior of Tenant to the Premises (“Tenant Alterations”) will be subject to Landlord’s prior written consentor for which a building permit is required, and which consent will shall not be unreasonably withheld with respect to all other non-structural alterations, additions or delayedimprovements. Landlord will not Structural alterations, additions and improvements shall be deemed to have unreasonably withheld its consent include, without limitation, any alteration, addition or improvement that will or may necessitate any changes, replacements or additions to any Tenant Alterations if its consent is withheld because such Tenant Alterations: (i) are not consistent with the first-class nature or the architectural character of the Building; (ii) could adversely affect the structure of the Buildingfire protection, the HVAC system or water, sewer, electrical, mechanical, plumbing or other lines or HVAC systems in of the Building Premises or the Building circuitry; (iiicollectively, the “Building Systems”) could increase Landlord’s costs of operating and maintaining the Building unless Tenant pays all such costs; (iv) would violate the terms of any applicable zoning or building laws or ordinances; or (v) include the use of wall covering that is impermeable to humidity or vapor; the foregoing being merely examples of reasons for which Landlord may reasonably withhold its consent and will not be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the foregoing exampleswalls, ceilings, partitions, columns or floor. However, with respect to alterations Notwithstanding anything contained in this Lease to the Premises comprised solely of cosmetic changes (such as painting and carpeting)contrary, or with respect to alterations to the Premises which do not consist solely of cosmetic changes but which cost $30,000 or less per project (for purposes of such determination, multiple alterations that are related will be grouped together) and which do not fall within any of the foregoing factors (i) through (v), Tenant will give Landlord prior written notice (only for such Tenant Alterations costing more than $5,000 (grouped as set forth above)) but need not obtain Landlord’s consent shall not be required for any alterations, additions or improvements that (a) cost less than twenty thousand and 00/100 dollars ($20,000) per project or series of related projects (as reasonably determined by Landlord), such as painting, carpeting and hanging pictures, (b) are not visible from and do not affect the exterior of the Building, and (c) do not affect the structural integrity or safety of the Building, or the Building Systems, provided that such alterations, additions or improvements are installed in accordance with all legal and insurance requirements and provided further that Tenant Alterations not requiring provides Landlord, for informational purposes copies of all plans and specifications (if any) relating to such alterations, additions or improvements or if no plans and specifications have been prepared, written notice prior to commencement of such construction.
(2) Prior to commencing any such alteration, addition or improvement work that requires Landlord’s consent are referred and, as a condition to herein as “Minor Alterations”)obtaining Landlord’s consent, Tenant must furnish Landlord with plans and specifications reasonably acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 15. hereof; and a payment bond or other security, all in form and amount reasonably satisfactory to Landlord. Tenant will causeshall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, at its expense, any Tenant Alterations to comply with applicable insurance requirements in such amounts and with all applicable Regulationssuch companies as Landlord may require, including, but not limited to, Builder’s Risk and will construct at its expense any alteration or modification required by applicable Regulations as a result of any Tenant AlterationsWorker’s Compensation insurance. All Tenant Alterations must such improvements, alterations or additions shall be constructed in a good and workmanlike manner by contractors using Building Standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably acceptable necessary to Landlord avoid any disruption to the tenants and only good grades occupants of materials the Building, shall have the right to designate the time when any such alterations, additions and improvements may be usedperformed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion, Tenant shall furnish “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All improvements, alterations and additions shall comply with the insurance requirements, codes, ordinances, laws and regulations, including without limitation, the Americans with Disabilities Act. Tenant may not install or cause to be installed shall reimburse Landlord, as Additional Rent, within thirty (30) days following Tenant’s receipt of Landlord’s demand (together with reasonable documentation in support thereof) for all sums, if any, expended by Landlord for third party examination of the Premises a wall covering that is impermeable to humidity or vapor. All architectural, mechanical, electrical and plumbing plans and specifications for any Tenant Alterations requiring Landlord’s consent pursuant this Paragraph 10.3alterations, and a copy of all required permitsadditions or improvements. In addition, must if Landlord so requests, Landlord shall be submitted entitled to Landlord for its approval before oversee the work begins (which approval will not be unreasonably withheld or delayed). Landlord may monitor construction of any alterations, additions or improvements that may affect the Tenant Alterationsstructure of the Building or any of the mechanical, electrical, plumbing or life safety systems of the Building. Tenant will pay In the event Landlord elects to oversee such work, Landlord as additional rent shall be entitled to receive a fee for such oversight in an amount equal to 3% five percent (5%) of the total hard and soft costs cost of performing and constructing the Tenant Alterations to cover such alterations, additions or improvements. Landlord’s overhead expenses and to compensate Landlord for its services hereunder, and in addition Tenant will reimburse Landlord for Landlord’s reasonable actual out-of-pocket costs for third-party architectural or engineering (or both) review approval of Tenant’s plans and specifications for such any work performed for or on behalf of Tenant Alterations; provided, however, that such 3% fee and such reimbursement obligation will shall not apply be deemed to Tenant Alterations comprised solely of Minor Alterations. Landlord’s right to review plans and specifications and to monitor construction will be solely for its own benefit, and representation by Landlord will have no duty to see that such plans and specifications or construction comply with applicable lawsinsurance requirements, building codes, rules and ordinances, laws or regulations or that the alterations, additions and improvements constructed in accordance with such plans and specifications are will be adequate for Tenant’s use or purposes. Tenant will provide Landlord with the identities and mailing address of all persons performing work or supplying materials, prior to beginning such construction of Tenant Alterations for which Landlord’s consent is required pursuant to this Paragraph 10.3, and Landlord may post on and about the Premises notices of nonresponsibility pursuant to applicable law. Tenant will 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 personal injury and property damage during construction. Tenant will insure any such Tenant Alterations in accordance with Paragraph 17.1(a) (other than the Tenant Work, which shall be insured by Landlord pursuant to Paragraph 17.2). In connection with any Tenant Alterations, Tenant’s contractor must (and its contract must so provide):
(a) conduct its work in such a manner so as not to unreasonably interfere with Project operations, or any other construction occurring on or in the Project or in the Premises;
(b) execute a set of and comply with the Building’s then-current Tenant Contractor Rules and Regulations and comply with all additional rules and regulations relating to construction activities in or on the Project as may be reasonably promulgated from time to time and uniformly enforced by Landlord or its agents;
(c) deliver to Landlord detailed “as built” plans immediately after the alterations or improvements are complete, if requested by Landlord;
(d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work including, but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials and access to the Property; and
(e) perform its work in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and so as not to cause interference with the continuance of work to be performed or services to be rendered to the Project. Without limiting the foregoing, the following work, whether performed as a Tenant Alteration or as an initial leasehold improvements pursuant to the Work Letter (if any) attached hereto, must be performed (and in the event that Tenant engages for or causes the same to be performed, Tenant will cause its contractor to engage such work to be performed) only by subcontractors having collective bargaining agreements with unions affiliated with the Building and Construction Trades Department of the AFL-CIO as of January 1, 2001 (a list of such unions is attached hereto as Exhibit F): (i) any expansion to expand the size of the Premises beyond the size of the initial Premises hereunder, including any tenant improvements in connection with such expansion; (ii) major repairs or replacements of any supplemental heating, ventilation and air conditioning system, or (iii) installation, repair and replacement of any electric panel board and any entry service cables. For Tenant Alterations requiring Landlord’s consent, Landlord will have the right to approve Tenant’s contractor and all subcontractors to be used by Tenant’s contractor, which approval will not be unreasonably withheld or delayed. Tenant and its contractors are hereby prohibited from engaging any contractors or subcontractors that will or may cause labor disharmony. Upon completion of any Tenant Alterations requiring Landlord’s consent, Tenant will deliver to Landlord sworn statements setting forth the names of all contractors, subcontractors and material suppliers who did work on or supplied materials for the Tenant Alterations, and final, unconditional lien waivers from all such contractors, subcontractors and material suppliers in the form required by applicable law. Tenant will have no right to make any repairs, alterations or improvements to, within or on any of the Common Areas. Within ten (10) days following completion of any Tenant Alterations (but not for Minor Alterations), Tenant will cause a Notice of Completion to be recorded in the office of the Recorder of the County in which the Property is located in accordance with Section 3093 of the California Civil Code or any successor statute and furnish a copy thereof to Landlord upon recordation, and Tenant shall timely give all notices required pursuant to Section 3259.5 of the California Civil Code or any successor statute, failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as Tenant’s agent for such purpose. Landlord reserves the right to require that Tenant terminate its contract with Tenant’s contractor if such contractor is engaged in a labor dispute which disrupts such contractor’s work, the work of any other contractor at the Project or the operation of the Project. Landlord will also have the right to order any contractor of Tenant who violates any of Landlord’s requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Project. Tenant agrees that its contractors will not conduct their work in such manner so as to interfere with or cause any interruption of (i) Landlord’s construction, (ii) another tenant’s occupancy or construction, or (iii) other phases of Landlord’s operation of the Projectuse.
10.4 Any and all alterations or improvements to the Premises will become the property of Landlord upon termination of this Lease (except for movable equipment or furniture owned by Tenant). Landlord may, nonetheless, require Tenant to remove any and all fixtures, equipment and other alterations or improvements installed on the Premises and restore the Premises to Building Standard by the expiration or termination of this Lease. If Landlord so requires and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant will pay Landlord on demand (as additional rent) the cost of restoring the Premises to Building Standard. However, at the time that Tenant requests Landlord’s consent to specific alterations, Tenant may also request that Landlord notify Tenant whether Landlord will, upon expiration or termination of the Lease Term, require Tenant to remove the subject improvements. If Tenant so requests and if Landlord consents to the alterations, then Landlord will also notify Tenant whether Landlord will require removal of any such alterations or improvements at the expiration or termination of the Lease Term. At the expiration or termination of the Lease Term, Tenant will not be required to remove any such alterations or improvements if and to the extent that Landlord previously notified Tenant that removal of such alterations or improvements would not be required. The provisions of this Paragraph 10.4 will survive expiration or termination of this Lease. Landlord may require Tenant to remove wires, cables and telecommunications equipment pursuant to Paragraph 29. Tenant’s trade fixtures, furniture, equipment, and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. At any time, Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the installation or removal thereof. Tenant must remove Tenant’s Property upon expiration or termination of this Lease pursuant to Paragraph 9.2.
Appears in 1 contract
Repairs and Alterations by Tenant. 10.1 Subject A. Except to Paragraph 18the extent such obligations are imposed upon Landlord hereunder, Tenant willshall, at Tenant’s own its sole cost and expense, maintain the Premises in good order, condition and repair any damage done throughout the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall be responsible for all repairs, replacements and alterations in and to the ProjectPremises, Building and Property and the facilities and systems thereof, the need for which arises out of (1) Tenant’s use or occupancy of the Premises, (2) the installation, removal, use or operation of Tenant’s Property (as defined in Section 8, above), (3) the moving of Tenant’s Property into or out of the Building, or any part thereof(4) the act, including replacement omission, misuse or negligence of damaged portions or itemsTenant, caused by Tenant or Tenant’s its agents, employeescontractors, employees or invitees, or visitors, and Tenant covenants and agrees to make all such repairs as may be required to restore the Project to as good a condition as it was in prior to such damage. All such repairs, replacements or alterations shall be performed in accordance with Section 10.B. below and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work or repairs by Tenant must be effected in compliance with all applicable Regulations; provided, however, if the Building. If Tenant fails to make maintain the Premises in good order, condition and repair, Landlord shall give Tenant notice to perform such repairs or replacements promptlyacts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work and diligently pursue it to its completion, then Landlord may, at its option, make repairs or replacementssuch repairs, and Tenant will shall pay (as additional rent) the cost thereof to Landlord on demand as Additional Rent, together with an administration charge in an amount equal to ten percent (10%) of the cost of such repairs. Landlord within 10 days shall, at its expense (except as included in Basic Costs) keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon:
(a) all structural elements of Landlord’s demand thereforthe Building; and (b) all mechanical, as additional rent. The provisions of this Paragraph 10.1 will survive expiration or termination of this Leaseelectrical and plumbing systems that serve the Building in general; and (c) the Building facilities common to all tenants including but not limited to, the ceilings, walls and floors in the Common Areas.
10.2 B. Tenant will shall not place or install make or allow to be placed made any alterations, additions or installed any signs on or in the Premises which are visible from outside improvements to the Premises, without first obtaining the prior written consent of Landlord landlord in each such instance, which consent may be refused or given on such conditions as Landlord may elect.
10.3 Any alterations. Prior to commencing any such work and as a condition to obtaining Landlord’s consent, additions or improvements made by or on behalf of Tenant to the Premises (“Tenant Alterations”) will be subject must furnish Landlord with plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s prior written consent, which consent will not be unreasonably withheld or delayedand subcontractor’s insurance in accordance with Section 15. Landlord will not be deemed to have unreasonably withheld its consent to any Tenant Alterations if its consent is withheld because such Tenant Alterations: (i) are not consistent with the first-class nature or the architectural character of the BuildingHereof; (ii) could adversely affect the structure of the Building, the HVAC system or electrical, mechanical, plumbing and a payment bond or other lines or systems security, all in the Building or the Building circuitry; (iii) could increase form and amount satisfactory to Landlord’s costs of operating and maintaining the Building unless . Tenant pays shall be responsible for insuring that all such costs; (iv) would violate the terms of any applicable zoning or building laws or ordinances; or (v) include the use of wall covering that is impermeable to humidity or vapor; the foregoing being merely examples of reasons for which persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably withhold its consent require, including, but not limited to Builder’s Risk and will not be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the foregoing examples. However, with respect to alterations to the Premises comprised solely of cosmetic changes (such as painting and carpeting), or with respect to alterations to the Premises which do not consist solely of cosmetic changes but which cost $30,000 or less per project (for purposes of such determination, multiple alterations that are related will be grouped together) and which do not fall within any of the foregoing factors (i) through (v), Tenant will give Landlord prior written notice (only for such Tenant Alterations costing more than $5,000 (grouped as set forth above)) but need not obtain LandlordWorker’s consent (such Tenant Alterations not requiring Landlord’s consent are referred to herein as “Minor Alterations”). Tenant will cause, at its expense, any Tenant Alterations to comply with applicable insurance requirements and with all applicable Regulations, and will construct at its expense any alteration or modification required by applicable Regulations as a result of any Tenant AlterationsCompensation insurance. All Tenant Alterations must such improvements, alterations or additions shall be constructed in a good and workmanlike manner by contractors using Building Standard materials or other new materials of equal or greater quantity. Landlord, to the extent reasonably acceptable necessary to Landlord avoid any disruption to the tenants and only good grades occupants of materials the Building, shall have the right to designate the time when any such alterations, additions and improvements may be usedperformed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion, Tenant shall furnish as-built plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All improvements, alterations and additions shall comply with the insurance requirements, codes, ordinances, laws and regulations, including without limitation, the Americans with Disabilities Act. Tenant may not install or cause to be installed in shall reimburse Landlord upon demand for all sums, if any, expended by Landlord for this party examination of the Premises a wall covering that is impermeable to humidity or vapor. All architectural, mechanical, electrical and plumbing plans and specifications for any Tenant Alterations requiring Landlord’s consent pursuant this Paragraph 10.3alterations, and a copy of all required permitsadditions or improvements. In addition, must if Landlord so requests, Landlord shall be submitted entitled to Landlord for its approval before oversee the work begins (which approval will not be unreasonably withheld or delayed). Landlord may monitor construction of any alterations, additions or improvements that may affect the Tenant Alterationsstructure of the Building or any of the mechanical, electrical, plumbing or life safety systems of the Building. Tenant will pay In the event Landlord elects to oversee such work, Landlord as additional rent shall be entitled to receive a fee for such oversight in an amount equal to 3% ten percent (10%) of the total hard and soft costs cost of performing and constructing the Tenant Alterations to cover such alterations, additions or improvements. Landlord’s overhead expenses and to compensate Landlord for its services hereunder, and in addition Tenant will reimburse Landlord for Landlord’s reasonable actual out-of-pocket costs for third-party architectural or engineering (or both) review approval of Tenant’s plans and specifications for such any work performed for or on behalf of Tenant Alterations; provided, however, that such 3% fee and such reimbursement obligation will shall not apply be deemed to Tenant Alterations comprised solely of Minor Alterations. Landlord’s right to review plans and specifications and to monitor construction will be solely for its own benefit, and representation by Landlord will have no duty to see that such plans and specifications or construction comply with applicable lawsinsurance requirements, building codes, rules and ordinances, laws or regulations or that the alterations, additions and improvements constructed in accordance with such plans and specifications are will be adequate for Tenant’s use or purposesuse. Tenant will provide Landlord with the identities and mailing address of all persons performing work or supplying materials, prior to beginning such construction of Tenant Alterations for which Landlord’s consent is required pursuant to this Paragraph 10.3, and Landlord may post on and about the Premises notices of nonresponsibility pursuant to applicable law. Tenant will 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 personal injury and property damage during construction. Tenant will insure any such Tenant Alterations in accordance with Paragraph 17.1(a) (other than the Tenant Work, which shall be insured by Landlord pursuant to Paragraph 17.2). In connection with any Tenant Alterations, Tenant’s contractor must (and its contract must so provide):
(a) conduct its work in such a manner so as not to unreasonably interfere with Project operations, or any other construction occurring on or in the Project or in the Premises;
(b) execute a set of and comply with the Building’s then-current Tenant Contractor Rules and Regulations and comply with all additional rules and regulations relating to construction activities in or on the Project as may be reasonably promulgated from time to time and uniformly enforced by Landlord or its agents;
(c) deliver to Landlord detailed “as built” plans immediately after the alterations or improvements are complete, if requested by Landlord;
(d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work including, but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials and access to the Property; and
(e) perform its work in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and so as not to cause interference with the continuance of work to be performed or services to be rendered to the Project. Without limiting Notwithstanding the foregoing, the following work, whether performed as a Tenant Alteration or as an initial leasehold improvements pursuant to the Work Letter (if any) attached hereto, must be performed (and in the event that Tenant engages for the scope of any improvements or causes alterations to the same to be performedPremises are cosmetic in nature only, Tenant will cause its contractor shall not be required to engage such work to be performed) only by subcontractors having collective bargaining agreements with unions affiliated with the Building and Construction Trades Department of the AFL-CIO as of January 1, 2001 (a list of such unions is attached hereto as Exhibit F): obtain Landlord’s consent but (i) any expansion to expand the size of the Premises beyond the size of the initial Premises hereunder, including any tenant improvements in connection with such expansion; (ii) major repairs or replacements of any supplemental heating, ventilation and air conditioning system, or (iii) installation, repair and replacement of any electric panel board and any entry service cables. For Tenant Alterations requiring Landlord’s consent, Landlord will have the right to approve Tenant’s contractor and all subcontractors to be used by Tenant’s contractor, which approval will shall provide not be unreasonably withheld or delayed. Tenant and its contractors are hereby prohibited from engaging any contractors or subcontractors that will or may cause labor disharmony. Upon completion of any Tenant Alterations requiring Landlord’s consent, Tenant will deliver to Landlord sworn statements setting forth the names of all contractors, subcontractors and material suppliers who did work on or supplied materials for the Tenant Alterations, and final, unconditional lien waivers from all such contractors, subcontractors and material suppliers in the form required by applicable law. Tenant will have no right to make any repairs, alterations or improvements to, within or on any of the Common Areas. Within less than ten (10) days following completion prior notice of any Tenant Alterations (but not for Minor Alterations), Tenant will cause a Notice of Completion same to be recorded in the office of the Recorder of the County in which the Property is located in accordance with Section 3093 of the California Civil Code or any successor statute Landlord; and furnish a copy thereof to Landlord upon recordation, and Tenant shall timely give all notices required pursuant to Section 3259.5 of the California Civil Code or any successor statute, failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as Tenant’s agent for such purpose. Landlord reserves the right to require that Tenant terminate its contract with Tenant’s contractor if such contractor is engaged in a labor dispute which disrupts such contractor’s work, the work of any other contractor at the Project or the operation of the Project. Landlord will also have the right to order any contractor of Tenant who violates any of Landlord’s requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Project. Tenant agrees that its contractors will not conduct their work in such manner so as to interfere with or cause any interruption of (i) Landlord’s construction, (ii) another tenant’s occupancy or construction, or (iii) all other phases of Landlord’s operation of the Projectlicensing and insurance requirements set forth herein above shall apply.
10.4 Any and all alterations or improvements to the Premises will become the property of Landlord upon termination of this Lease (except for movable equipment or furniture owned by Tenant). Landlord may, nonetheless, require Tenant to remove any and all fixtures, equipment and other alterations or improvements installed on the Premises and restore the Premises to Building Standard by the expiration or termination of this Lease. If Landlord so requires and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant will pay Landlord on demand (as additional rent) the cost of restoring the Premises to Building Standard. However, at the time that Tenant requests Landlord’s consent to specific alterations, Tenant may also request that Landlord notify Tenant whether Landlord will, upon expiration or termination of the Lease Term, require Tenant to remove the subject improvements. If Tenant so requests and if Landlord consents to the alterations, then Landlord will also notify Tenant whether Landlord will require removal of any such alterations or improvements at the expiration or termination of the Lease Term. At the expiration or termination of the Lease Term, Tenant will not be required to remove any such alterations or improvements if and to the extent that Landlord previously notified Tenant that removal of such alterations or improvements would not be required. The provisions of this Paragraph 10.4 will survive expiration or termination of this Lease. Landlord may require Tenant to remove wires, cables and telecommunications equipment pursuant to Paragraph 29. Tenant’s trade fixtures, furniture, equipment, and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. At any time, Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the installation or removal thereof. Tenant must remove Tenant’s Property upon expiration or termination of this Lease pursuant to Paragraph 9.2.
Appears in 1 contract
Sources: Office Lease Agreement (VirtualArmour International Inc.)
Repairs and Alterations by Tenant. 10.1 Subject to Paragraph 18, A. Tenant willshall, at Tenant’s 's own cost and expense, repair any damage done to keep the ProjectPremises in good condition and repair, or any part thereof, including replacement of damaged portions or items, caused by Tenant or Tenant’s agents, employees, invitees, or visitors, reasonable wear and Tenant covenants and agrees to make all such tear excepted. Such repairs as may be required to shall restore the Project Premises to as good a condition as it was in prior to such damage. All such work or repairs by Tenant must damage and shall be effected in compliance with all applicable Regulations; provided, however, if the reasonable directions of Landlord. If Tenant fails to make such repairs or replacements to the Premises promptly, Landlord may, at its option, make repairs or replacementssuch repairs, and Tenant will shall pay (as additional rent) the cost thereof to the Landlord within 10 days of Landlord’s on demand therefor, as additional rentRent. The provisions Landlord shall, at its expense(except as included in Basic Costs), keep and maintain in good repair and working order and make all repairs to end perform necessary maintenance upon: 1) all structural elements of this Paragraph 10.1 will survive expiration the Building within the Premises, unless the need to make a structural alteration or termination repair results from Tenant's particular manner of this Leaseuse of the Premises, Tenant's particular design of the Premises, or any alterations, additions or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; and 2) all mechanical systems within the Premises, but only to the extent such have not been installed by Tenant or its contractors; and 3) all elements of the Building and the Premises necessary to provide the services described In Article VII, but only to the extent such have not been installed by Tenant or its contractors; and 4) the Building facilities common to all tenants including, but not limited to, the ceilings, lighting. HVAC, plumbing, walls and floors in the common areas. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Notwithstanding the foregoing, Tenant shall be responsible for the cost of any alterations, repairs, changes and additions necessitated by the acts or omissions of Tenant, Tenant's agents, employees and contractors.
10.2 B. Tenant will shall not place or install make or allow to be placed made any alterations, additions or installed improvements to the Premises, nor install any vending machines, safes or other heavy property or equipment within the Premises, nor place signs or window coverings on or in the Premises which are visible from outside the Premises, without first obtaining the prior written consent of Landlord in In each such instance. Notwithstanding the foregoing, which Landlord's consent may shall not be given on required for any alteration, addition or improvement that satisfies all of the following criteria: 1) costs less than $10,000.00, 2) is of a cosmetic nature such conditions as painting, wallpapering, hanging pictures and installing carpeting,3) is not visible from the exterior of the Premises or Building, and 4) will not affect the systems or structure of the Building and does not require work to be performed inside the walls or above the ceiling of the Premises; provided that even if consent is not required, Tenant shall still comply with all the other provisions of this Section X.B. Prior to commencing any such work, Tenant must furnish Landlord may elect.
10.3 Any with plans and specifications; names and addresses of contractors; copies of contracts; necessary permits; evidence of contractor's and subcontractor's insurance in accordance with section XVI.B. hereof. All such improvements, alterations or additions shall be installed in a good workmanlike manner using new materials. Upon completion. Tenant shall furnish "as-built" plans, contractor's affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All improvements, alterations and additions shall comply with all insurance requirements, codes, ordinances, laws and regulations, including without limitation, the Americans with Disabilities Act. Tenant shall reimburse Landlord upon demand as additional Rent for all sums expended by Landlord for examination of the architectural, mechanical, electric and plumbing plans for any alterations, additions or improvements made and for the costs of repairing any damage done to the Building caused by Tenant or Tenant's agents, servants, employees, customers, licensees, or invites. If Landlord so requests, Tenant shall permit Landlord to supervise construction operations, but no such supervision shall impose any liability upon Landlord. In the event Landlord supervises such construction, Landlord shall be entitled to a supervisory fee in the amount of three percent(3%) for the initial improvements pursuant to Exhibit C and thereafter five percent (5%), of the cost of such construction. Landlord's approval of Tenant's plans and specifications or supervision of any work performed for or on behalf of Tenant to the Premises (“Tenant Alterations”) will be subject to Landlord’s prior written consent, which consent will not be unreasonably withheld or delayed. Landlord will shall not be deemed to have unreasonably withheld its consent to any Tenant Alterations if its consent is withheld because such Tenant Alterations: (i) are not consistent with the first-class nature or the architectural character of the Building; (ii) could adversely affect the structure of the Building, the HVAC system or electrical, mechanical, plumbing or other lines or systems in the Building or the Building circuitry; (iii) could increase Landlord’s costs of operating and maintaining the Building unless Tenant pays all such costs; (iv) would violate the terms of any applicable zoning or building laws or ordinances; or (v) include the use of wall covering that is impermeable to humidity or vapor; the foregoing being merely examples of reasons for which be representation by Landlord may reasonably withhold its consent and will not be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the foregoing examples. However, with respect to alterations to the Premises comprised solely of cosmetic changes (such as painting and carpeting), or with respect to alterations to the Premises which do not consist solely of cosmetic changes but which cost $30,000 or less per project (for purposes of such determination, multiple alterations that are related will be grouped together) and which do not fall within any of the foregoing factors (i) through (v), Tenant will give Landlord prior written notice (only for such Tenant Alterations costing more than $5,000 (grouped as set forth above)) but need not obtain Landlord’s consent (such Tenant Alterations not requiring Landlord’s consent are referred to herein as “Minor Alterations”). Tenant will cause, at its expense, any Tenant Alterations to comply with applicable insurance requirements and with all applicable Regulations, and will construct at its expense any alteration or modification required by applicable Regulations as a result of any Tenant Alterations. All Tenant Alterations must be constructed in a good and workmanlike manner by contractors reasonably acceptable to Landlord and only good grades of materials may be used. Tenant may not install or cause to be installed in the Premises a wall covering that is impermeable to humidity or vapor. All plans and specifications for any Tenant Alterations requiring Landlord’s consent pursuant this Paragraph 10.3, and a copy of all required permits, must be submitted to Landlord for its approval before the work begins (which approval will not be unreasonably withheld or delayed). Landlord may monitor construction of the Tenant Alterations. Tenant will pay to Landlord as additional rent an amount equal to 3% of the total hard and soft costs of performing and constructing the Tenant Alterations to cover Landlord’s overhead expenses and to compensate Landlord for its services hereunder, and in addition Tenant will reimburse Landlord for Landlord’s reasonable actual out-of-pocket costs for third-party architectural or engineering (or both) review of Tenant’s plans and specifications for such Tenant Alterations; provided, however, that such 3% fee and such reimbursement obligation will not apply to Tenant Alterations comprised solely of Minor Alterations. Landlord’s right to review plans and specifications and to monitor construction will be solely for its own benefit, and Landlord will have no duty to see that such plans and specifications or construction comply with applicable lawsinsurance requirements, building codes, rules and regulations ordinances, laws or that such plans and specifications are adequate for Tenant’s use or purposes. Tenant will provide Landlord with the identities and mailing address of all persons performing work or supplying materials, prior to beginning such construction of Tenant Alterations for which Landlord’s consent is required pursuant to this Paragraph 10.3, and Landlord may post on and about the Premises notices of nonresponsibility pursuant to applicable law. Tenant will 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 personal injury and property damage during construction. Tenant will insure any such Tenant Alterations in accordance with Paragraph 17.1(a) (other than the Tenant Work, which shall be insured by Landlord pursuant to Paragraph 17.2). In connection with any Tenant Alterations, Tenant’s contractor must (and its contract must so provide):
(a) conduct its work in such a manner so as not to unreasonably interfere with Project operations, or any other construction occurring on or in the Project or in the Premises;
(b) execute a set of and comply with the Building’s then-current Tenant Contractor Rules and Regulations and comply with all additional rules and regulations relating to construction activities in or on the Project as may be reasonably promulgated from time to time and uniformly enforced by Landlord or its agents;
(c) deliver to Landlord detailed “as built” plans immediately after the alterations or improvements are complete, if requested by Landlord;
(d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work including, but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials and access to the Property; and
(e) perform its work in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and so as not to cause interference with the continuance of work to be performed or services to be rendered to the Project. Without limiting the foregoing, the following work, whether performed as a Tenant Alteration or as an initial leasehold improvements pursuant to the Work Letter (if any) attached hereto, must be performed (and in the event that Tenant engages for or causes the same to be performed, Tenant will cause its contractor to engage such work to be performed) only by subcontractors having collective bargaining agreements with unions affiliated with the Building and Construction Trades Department of the AFL-CIO as of January 1, 2001 (a list of such unions is attached hereto as Exhibit F): (i) any expansion to expand the size of the Premises beyond the size of the initial Premises hereunder, including any tenant improvements in connection with such expansion; (ii) major repairs or replacements of any supplemental heating, ventilation and air conditioning system, or (iii) installation, repair and replacement of any electric panel board and any entry service cables. For Tenant Alterations requiring Landlord’s consent, Landlord will have the right to approve Tenant’s contractor and all subcontractors to be used by Tenant’s contractor, which approval will not be unreasonably withheld or delayed. Tenant and its contractors are hereby prohibited from engaging any contractors or subcontractors that will or may cause labor disharmony. Upon completion of any Tenant Alterations requiring Landlord’s consent, Tenant will deliver to Landlord sworn statements setting forth the names of all contractors, subcontractors and material suppliers who did work on or supplied materials for the Tenant Alterations, and final, unconditional lien waivers from all such contractors, subcontractors and material suppliers in the form required by applicable law. Tenant will have no right to make any repairs, alterations or improvements to, within or on any of the Common Areas. Within ten (10) days following completion of any Tenant Alterations (but not for Minor Alterations), Tenant will cause a Notice of Completion to be recorded in the office of the Recorder of the County in which the Property is located in accordance with Section 3093 of the California Civil Code or any successor statute and furnish a copy thereof to Landlord upon recordation, and Tenant shall timely give all notices required pursuant to Section 3259.5 of the California Civil Code or any successor statute, failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as Tenant’s agent for such purpose. Landlord reserves the right to require that Tenant terminate its contract with Tenant’s contractor if such contractor is engaged in a labor dispute which disrupts such contractor’s work, the work of any other contractor at the Project or the operation of the Project. Landlord will also have the right to order any contractor of Tenant who violates any of Landlord’s requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Project. Tenant agrees that its contractors will not conduct their work in such manner so as to interfere with or cause any interruption of (i) Landlord’s construction, (ii) another tenant’s occupancy or construction, or (iii) other phases of Landlord’s operation of the Projectregulations.
10.4 Any and all alterations or improvements to the Premises will become the property of Landlord upon termination of this Lease (except for movable equipment or furniture owned by Tenant). Landlord may, nonetheless, require Tenant to remove any and all fixtures, equipment and other alterations or improvements installed on the Premises and restore the Premises to Building Standard by the expiration or termination of this Lease. If Landlord so requires and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant will pay Landlord on demand (as additional rent) the cost of restoring the Premises to Building Standard. However, at the time that Tenant requests Landlord’s consent to specific alterations, Tenant may also request that Landlord notify Tenant whether Landlord will, upon expiration or termination of the Lease Term, require Tenant to remove the subject improvements. If Tenant so requests and if Landlord consents to the alterations, then Landlord will also notify Tenant whether Landlord will require removal of any such alterations or improvements at the expiration or termination of the Lease Term. At the expiration or termination of the Lease Term, Tenant will not be required to remove any such alterations or improvements if and to the extent that Landlord previously notified Tenant that removal of such alterations or improvements would not be required. The provisions of this Paragraph 10.4 will survive expiration or termination of this Lease. Landlord may require Tenant to remove wires, cables and telecommunications equipment pursuant to Paragraph 29. Tenant’s trade fixtures, furniture, equipment, and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. At any time, Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the installation or removal thereof. Tenant must remove Tenant’s Property upon expiration or termination of this Lease pursuant to Paragraph 9.2.
Appears in 1 contract
Repairs and Alterations by Tenant. 10.1 Subject to Paragraph 18, Tenant willcovenants and agrees with Landlord, at Tenant’s own cost and expense, to keep the Premises in good condition and repair and to repair or replace any damage done to the ProjectBuilding, or any part thereof, including replacement of damaged portions or items, caused by Tenant or Tenant’s agents, servants, employees, inviteescustomers, licensees, or visitors, and invitees. Tenant further covenants and agrees to make all that such repairs as may be required to shall restore the Project Building to as good a condition as it was in prior to such damage. All damage and that such work or repairs by Tenant must shall be effected in compliance with all applicable Regulations; provided, however, if laws. If Tenant fails to make such repairs or replacements promptly, Landlord may, at its option, make such repairs or replacements, and Tenant will shall pay (as additional rent) the cost thereof to the Landlord within 10 days of Landlord’s on demand therefor, as additional rent. The provisions of this Paragraph 10.1 will survive expiration or termination of this Lease.
10.2 Tenant will agrees with Landlord not place or install to make or allow to be placed made any alterations to the Premises, install any vending machines on the Premises, or installed any place signs on or in the Premises which are visible from outside the Premises, without first obtaining the prior written consent of Landlord in each such instance, which consent may be refused or given on such conditions as Landlord may elect.
10.3 , provided Landlord shall not unreasonably withhold its consent to any non-structural interior additions, alterations or improvements, the cost of which do not exceed $5,000 in cumulative costs during any one (1) calendar year, as long as such additions, alterations or improvements do not affect the Building equipment, plumbing, electrical or other systems and Tenant provides Landlord with notice of and any plans and specifications (if any) for such improvements at least ten (10) days prior to the commencement of any such alterations or improvements. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. All paint, wall coverings, signs, artwork, floor materials, floor coverings, furniture and other articles visible from outside the Premises and the arrangement, style, color and appearance thereof, and any changes thereto shall be approved in advance of installation by Landlord, in its sole and absolute discretion. Tenant agrees not to place anything in the Premises which exceeds the weight bearing capacity of the structure without prior written consent of the Landlord, which may be withheld in Landlord’s sole discretion. Any and all alterations, additions additions, improvements, attached furniture, equipment, fixtures, and any unattached or improvements made movable equipment, furniture, trade fixtures or other personalty which was acquired with funds provided by or on behalf of Tenant to Landlord installed on or located in or around the Premises (“Tenant Alterations”) will be subject to Landlord’s prior written consent, which consent will not be unreasonably withheld or delayed. Landlord will not be deemed to have unreasonably withheld its consent to any Tenant Alterations if its consent is withheld because such Tenant Alterations: (i) are not consistent with the first-class nature or the architectural character of the Building; (ii) could adversely affect the structure of the Building, the HVAC system or electrical, mechanical, plumbing or other lines or systems in the Building or the Building circuitry; (iii) could increase Landlord’s costs of operating and maintaining the Building unless Tenant pays all such costs; (iv) would violate the terms of any applicable zoning or building laws or ordinances; or (v) include the use of wall covering that is impermeable to humidity or vapor; the foregoing being merely examples of reasons for which Landlord may reasonably withhold its consent and will not be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the foregoing examples. However, with respect to alterations to the Premises comprised solely of cosmetic changes (such as painting and carpeting), or with respect to alterations to the Premises which do not consist solely of cosmetic changes but which cost $30,000 or less per project (for purposes of such determination, multiple alterations that are related will be grouped together) and which do not fall within any of the foregoing factors (i) through (v), Tenant will give Landlord prior written notice (only for such Tenant Alterations costing more than $5,000 (grouped as set forth above)) but need not obtain Landlord’s consent (such Tenant Alterations not requiring Landlord’s consent are referred to herein as “Minor Alterations”). Tenant will cause, at its expense, any Tenant Alterations to comply with applicable insurance requirements and with all applicable Regulations, and will construct at its expense any alteration or modification required by applicable Regulations as a result of any Tenant Alterations. All Tenant Alterations must be constructed in a good and workmanlike manner by contractors reasonably acceptable to Landlord and only good grades of materials may be used. Tenant may not install or cause to be installed in the Premises a wall covering that is impermeable to humidity or vapor. All plans and specifications for any Tenant Alterations requiring Landlord’s consent pursuant this Paragraph 10.3, and a copy of all required permits, must be submitted to Landlord for its approval before the work begins (which approval will not be unreasonably withheld or delayed). Landlord may monitor construction of the Tenant Alterations. Tenant will pay to Landlord as additional rent an amount equal to 3% of the total hard and soft costs of performing and constructing the Tenant Alterations to cover Landlord’s overhead expenses and to compensate Landlord for its services hereunder, and in addition Tenant will reimburse Landlord for Landlord’s reasonable actual out-of-pocket costs for third-party architectural or engineering (or both) review of Tenant’s plans and specifications for such Tenant Alterations; provided, however, that such 3% fee and such reimbursement obligation will not apply to Tenant Alterations comprised solely of Minor Alterations. Landlord’s right to review plans and specifications and to monitor construction will be solely for its own benefit, and Landlord will have no duty to see that such plans and specifications or construction comply with applicable laws, codes, rules and regulations or that such plans and specifications are adequate for Tenant’s use or purposes. Tenant will provide Landlord with the identities and mailing address of all persons performing work or supplying materials, prior to beginning such construction of Tenant Alterations for which Landlord’s consent is required pursuant to this Paragraph 10.3, and Landlord may post on and about the Premises notices of nonresponsibility pursuant to applicable law. Tenant will 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 personal injury and property damage during construction. Tenant will insure any such Tenant Alterations in accordance with Paragraph 17.1(a) (other than the Tenant Work, which shall be insured by Landlord pursuant to Paragraph 17.2). In connection with any Tenant Alterations, Tenant’s contractor must (and its contract must so provide):
(a) conduct its work in such a manner so as not to unreasonably interfere with Project operations, or any other construction occurring on or in the Project or in the Premises;
(b) execute a set of and comply with the Building’s then-current Tenant Contractor Rules and Regulations and comply with all additional rules and regulations relating to construction activities in or on the Project as may be reasonably promulgated from time to time and uniformly enforced by Landlord or its agents;
(c) deliver to Landlord detailed “as built” plans immediately after the alterations or improvements are complete, if requested by Landlord;
(d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work including, but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials and access to the Property; and
(e) perform its work in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and so as not to cause interference with the continuance of work to be performed or services to be rendered to the Project. Without limiting the foregoing, the following work, whether performed as a Tenant Alteration or as an initial leasehold improvements pursuant to the Work Letter (if any) attached hereto, must be performed (and in the event that Tenant engages for or causes the same to be performed, Tenant will cause its contractor to engage such work to be performed) only by subcontractors having collective bargaining agreements with unions affiliated with the Building and Construction Trades Department of the AFL-CIO as of January 1, 2001 (a list of such unions is attached hereto as Exhibit F): (i) any expansion to expand the size of the Premises beyond the size of the initial Premises hereunder, including any tenant improvements in connection with such expansion; (ii) major repairs or replacements of any supplemental heating, ventilation and air conditioning system, or (iii) installation, repair and replacement of any electric panel board and any entry service cables. For Tenant Alterations requiring Landlord’s consent, Landlord will have the right to approve Tenant’s contractor and all subcontractors to be used by Tenant’s contractor, which approval will not be unreasonably withheld or delayed. Tenant and its contractors are hereby prohibited from engaging any contractors or subcontractors that will or may cause labor disharmony. Upon completion of any Tenant Alterations requiring Landlord’s consent, Tenant will deliver to Landlord sworn statements setting forth the names of all contractors, subcontractors and material suppliers who did work on or supplied materials for the Tenant Alterations, and final, unconditional lien waivers from all such contractors, subcontractors and material suppliers in the form required by applicable law. Tenant will have no right to make any repairs, alterations or improvements to, within or on any of the Common Areas. Within ten (10) days following completion of any Tenant Alterations (but not for Minor Alterations), Tenant will cause a Notice of Completion to be recorded in the office of the Recorder of the County in which the Property is located in accordance with Section 3093 of the California Civil Code or any successor statute and furnish a copy thereof to Landlord upon recordation, and Tenant shall timely give all notices required pursuant to Section 3259.5 of the California Civil Code or any successor statute, failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as Tenant’s agent for such purpose. Landlord reserves the right to require that Tenant terminate its contract with Tenant’s contractor if such contractor is engaged in a labor dispute which disrupts such contractor’s work, the work of any other contractor at the Project or the operation of the Project. Landlord will also have the right to order any contractor of Tenant who violates any of Landlord’s requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Project. Tenant agrees that its contractors will not conduct their work in such manner so as to interfere with or cause any interruption of (i) Landlord’s construction, (ii) another tenant’s occupancy or construction, or (iii) other phases of Landlord’s operation of the Project.
10.4 Any and all alterations or improvements to the Premises will become the property of Landlord upon termination of this Lease. In addition, all other personal property which shall remain in the Premises for more than five (5) days following either the termination of this Lease (except for movable equipment or furniture owned the entry of the Premises by Landlord following Tenant)’s default hereunder shall, at Landlord’s option, become the property of Landlord. Landlord may, nonetheless, require Tenant to remove any and all such fixtures, equipment furniture, trade fixtures, equipment, improvements, alterations, additions and other alterations personal property, including but not limited to telephone, data, and or improvements network cabling, installed on or located in the Premises and restore as are designated by Landlord (the “Required Removables”) at Tenant’s sole cost. Notwithstanding the foregoing, Tenant shall not be required to remove any Tenant Improvements to be installed in the Premises or Expansion Space pursuant to Building Standard by the expiration or termination of this LeaseExhibit “D”. If Landlord so requires elects, and Tenant fails falls to remove such improvementsthe Required Removables, Landlord may remove such improvements the Required Removables at Tenant’s cost, and Tenant will shall pay Landlord on demand (as additional rent) demand, or Landlord may deduct from Tenant’s Security Deposit, all costs Incurred In removing, storing and/or disposing of the cost of restoring the Premises to Building StandardRequired Removables. HoweverLandlord, at the time that Tenant requests Landlord’s consent to specific alterationsits sole option, Tenant may also request that Landlord notify Tenant whether Landlord will, upon expiration shall inspect any and all alterations and repairs made by or termination on behalf of the Lease Term, require Tenant to remove Tenant. All costs associated with the subject improvements. If Tenant so requests inspection and if Landlord consents to the alterations, then Landlord will also notify Tenant whether Landlord will require removal of any such alterations or improvements at the expiration or termination of the Lease Term. At the expiration or termination of the Lease Term, Tenant will not be required to remove any such alterations or improvements if and to the extent that Landlord previously notified Tenant that removal testing of such alterations or improvements would not repairs shall be requiredreimbursed to Landlord by Tenant within ten (10) days of such demand. The provisions Notwithstanding the terms of this Lease to the contrary, the terms of this Paragraph 10.4 will shall survive the expiration or earlier termination of this Lease. Landlord may require Tenant to remove wires, cables and telecommunications equipment pursuant to Paragraph 29. Tenant’s trade fixtures, furniture, equipment, and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. At any time, Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the installation or removal thereof. Tenant must remove Tenant’s Property upon expiration or termination of this Lease pursuant to Paragraph 9.2.
Appears in 1 contract
Repairs and Alterations by Tenant. 10.1 Subject A. Except to Paragraph 18the extent such obligations are imposed upon Landlord hereunder, Tenant willshall, at Tenant’s own its sole cost and expense, maintain the Premises in good order, condition and repair any damage done throughout the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall be responsible for all repairs replacements and alterations in and to the ProjectPremises, or any part Building and Property and the facilities and systems thereof, including replacement the need for which arises out of damaged portions or items, caused by Tenant or (1) Tenant’s agentsuse or occupancy of the Premises, employees, invitees, or visitors, and Tenant covenants and agrees to make all such repairs as may be required to restore the Project to as good a condition as it was in prior to such damage. All such work or repairs by Tenant must be effected in compliance with all applicable Regulations; provided, however, if Tenant fails to make such repairs or replacements promptly, Landlord may, at its option, make repairs or replacements, and Tenant will pay (as additional rent2) the cost thereof installation, removal, use or operation of
(a) all structural elements of the Building; and (b) all mechanical, electrical and plumbing systems that serve the Building in general; and (c) the Building facilities common to all tenants including but not limited to, the Landlord within 10 days of Landlord’s demand thereforceilings, as additional rent. The provisions of this Paragraph 10.1 will survive expiration or termination of this Leasewalls and floors in the Common Areas.
10.2 B. Tenant will shall not place or install make or allow to be placed made any alterations, additions or installed any signs on or in the Premises which are visible from outside improvements to the Premises, without first obtaining the prior written consent of Landlord in each such instance, which consent may be refused or given on such conditions as Landlord may elect.
10.3 Any alterations, additions or improvements made by or on behalf of . Prior to commencing any such work and as a condition to obtaining Landlord’s consent. Tenant to the Premises (“Tenant Alterations”) will be subject must furnish Landlord with plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals: evidence of contractor’s prior written consent, which consent will not be unreasonably withheld or delayedand subcontractor’s insurance in accordance with Section 15. Landlord will not be deemed to have unreasonably withheld its consent to any Tenant Alterations if its consent is withheld because such Tenant Alterations: (i) are not consistent with the first-class nature or the architectural character of the Buildinghereof; (ii) could adversely affect the structure of the Building, the HVAC system or electrical, mechanical, plumbing and a payment bond or other lines or systems security, all in the Building or the Building circuitry; (iii) could increase form and amount satisfactory to Landlord’s costs of operating and maintaining the Building unless . Tenant pays shall be responsible for insuring that all such costs; (iv) would violate the terms of any applicable zoning or building laws or ordinances; or (v) include the use of wall covering that is impermeable to humidity or vapor; the foregoing being merely examples of reasons for which persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably withhold its consent require, including, but not limited to, Builder’s Risk and will not be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the foregoing examples. However, with respect to alterations to the Premises comprised solely of cosmetic changes (such as painting and carpeting), or with respect to alterations to the Premises which do not consist solely of cosmetic changes but which cost $30,000 or less per project (for purposes of such determination, multiple alterations that are related will be grouped together) and which do not fall within any of the foregoing factors (i) through (v), Tenant will give Landlord prior written notice (only for such Tenant Alterations costing more than $5,000 (grouped as set forth above)) but need not obtain LandlordWorker’s consent (such Tenant Alterations not requiring Landlord’s consent are referred to herein as “Minor Alterations”). Tenant will cause, at its expense, any Tenant Alterations to comply with applicable insurance requirements and with all applicable Regulations, and will construct at its expense any alteration or modification required by applicable Regulations as a result of any Tenant AlterationsCompensation insurance. All Tenant Alterations must such improvements, alterations or additions shall be constructed in a good and workmanlike manner by contractors using Building Standard materials or other new materials of equal or greater quantity. Landlord, to the extent reasonably acceptable necessary to Landlord avoid any disruption to the tenants and only good grades occupants of materials the Building, shall have the right to designate the time when any such alterations, additions and improvements may be usedperformed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion, Tenant shall furnish “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All improvements, alterations and additions shall comply with the insurance requirements, codes, ordinances, laws and regulations, including without limitation, the Americans with Disabilities Act. Tenant may not install or cause to be installed in shall reimburse Landlord upon demand for all sums, if any, expended by Landlord for third party examination of the Premises a wall covering that is impermeable to humidity or vapor. All architectural, mechanical, electrical and plumbing plans and specifications for any Tenant Alterations requiring Landlord’s consent pursuant this Paragraph 10.3alterations, and a copy of all required permitsadditions or improvements. In addition, must if Landlord so requests, Landlord shall be submitted entitled to Landlord for its approval before oversee the work begins (which approval will not be unreasonably withheld or delayed). Landlord may monitor construction of any alterations, additions or improvements that may affect the Tenant Alterationsstructure of the Building or any of the mechanical, electrical, plumbing or life safety systems of the Building. Tenant will pay In the event Landlord elects to oversee such work, Landlord as additional rent shall be entitled to receive a fee for such oversight in an amount equal to 3% ten percent (10%) of the total hard and soft costs cost of performing and constructing the Tenant Alterations to cover such alterations, additions or improvements. Landlord’s overhead expenses and to compensate Landlord for its services hereunder, and in addition Tenant will reimburse Landlord for Landlord’s reasonable actual out-of-pocket costs for third-party architectural or engineering (or both) review approval of Tenant’s plans and specifications for such any work performed for or on behalf of Tenant Alterations; provided, however, that such 3% fee and such reimbursement obligation will shall not apply be deemed to Tenant Alterations comprised solely of Minor Alterations. Landlord’s right to review plans and specifications and to monitor construction will be solely for its own benefit, and representation by Landlord will have no duty to see that such plans and specifications or construction comply with applicable lawsinsurance requirements, building codes, rules and ordinances, laws or regulations or that the alterations, additions and improvements constructed in accordance with such plans and specifications are will be adequate for Tenant’s use or purposes. Tenant will provide Landlord with the identities and mailing address of all persons performing work or supplying materials, prior to beginning such construction of Tenant Alterations for which Landlord’s consent is required pursuant to this Paragraph 10.3, and Landlord may post on and about the Premises notices of nonresponsibility pursuant to applicable law. Tenant will 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 personal injury and property damage during construction. Tenant will insure any such Tenant Alterations in accordance with Paragraph 17.1(a) (other than the Tenant Work, which shall be insured by Landlord pursuant to Paragraph 17.2). In connection with any Tenant Alterations, Tenant’s contractor must (and its contract must so provide):
(a) conduct its work in such a manner so as not to unreasonably interfere with Project operations, or any other construction occurring on or in the Project or in the Premises;
(b) execute a set of and comply with the Building’s then-current Tenant Contractor Rules and Regulations and comply with all additional rules and regulations relating to construction activities in or on the Project as may be reasonably promulgated from time to time and uniformly enforced by Landlord or its agents;
(c) deliver to Landlord detailed “as built” plans immediately after the alterations or improvements are complete, if requested by Landlord;
(d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work including, but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials and access to the Property; and
(e) perform its work in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and so as not to cause interference with the continuance of work to be performed or services to be rendered to the Project. Without limiting the foregoing, the following work, whether performed as a Tenant Alteration or as an initial leasehold improvements pursuant to the Work Letter (if any) attached hereto, must be performed (and in the event that Tenant engages for or causes the same to be performed, Tenant will cause its contractor to engage such work to be performed) only by subcontractors having collective bargaining agreements with unions affiliated with the Building and Construction Trades Department of the AFL-CIO as of January 1, 2001 (a list of such unions is attached hereto as Exhibit F): (i) any expansion to expand the size of the Premises beyond the size of the initial Premises hereunder, including any tenant improvements in connection with such expansion; (ii) major repairs or replacements of any supplemental heating, ventilation and air conditioning system, or (iii) installation, repair and replacement of any electric panel board and any entry service cables. For Tenant Alterations requiring Landlord’s consent, Landlord will have the right to approve Tenant’s contractor and all subcontractors to be used by Tenant’s contractor, which approval will not be unreasonably withheld or delayed. Tenant and its contractors are hereby prohibited from engaging any contractors or subcontractors that will or may cause labor disharmony. Upon completion of any Tenant Alterations requiring Landlord’s consent, Tenant will deliver to Landlord sworn statements setting forth the names of all contractors, subcontractors and material suppliers who did work on or supplied materials for the Tenant Alterations, and final, unconditional lien waivers from all such contractors, subcontractors and material suppliers in the form required by applicable law. Tenant will have no right to make any repairs, alterations or improvements to, within or on any of the Common Areas. Within ten (10) days following completion of any Tenant Alterations (but not for Minor Alterations), Tenant will cause a Notice of Completion to be recorded in the office of the Recorder of the County in which the Property is located in accordance with Section 3093 of the California Civil Code or any successor statute and furnish a copy thereof to Landlord upon recordation, and Tenant shall timely give all notices required pursuant to Section 3259.5 of the California Civil Code or any successor statute, failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as Tenant’s agent for such purpose. Landlord reserves the right to require that Tenant terminate its contract with Tenant’s contractor if such contractor is engaged in a labor dispute which disrupts such contractor’s work, the work of any other contractor at the Project or the operation of the Project. Landlord will also have the right to order any contractor of Tenant who violates any of Landlord’s requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Project. Tenant agrees that its contractors will not conduct their work in such manner so as to interfere with or cause any interruption of (i) Landlord’s construction, (ii) another tenant’s occupancy or construction, or (iii) other phases of Landlord’s operation of the Projectuse.
10.4 Any and all alterations or improvements to the Premises will become the property of Landlord upon termination of this Lease (except for movable equipment or furniture owned by Tenant). Landlord may, nonetheless, require Tenant to remove any and all fixtures, equipment and other alterations or improvements installed on the Premises and restore the Premises to Building Standard by the expiration or termination of this Lease. If Landlord so requires and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant will pay Landlord on demand (as additional rent) the cost of restoring the Premises to Building Standard. However, at the time that Tenant requests Landlord’s consent to specific alterations, Tenant may also request that Landlord notify Tenant whether Landlord will, upon expiration or termination of the Lease Term, require Tenant to remove the subject improvements. If Tenant so requests and if Landlord consents to the alterations, then Landlord will also notify Tenant whether Landlord will require removal of any such alterations or improvements at the expiration or termination of the Lease Term. At the expiration or termination of the Lease Term, Tenant will not be required to remove any such alterations or improvements if and to the extent that Landlord previously notified Tenant that removal of such alterations or improvements would not be required. The provisions of this Paragraph 10.4 will survive expiration or termination of this Lease. Landlord may require Tenant to remove wires, cables and telecommunications equipment pursuant to Paragraph 29. Tenant’s trade fixtures, furniture, equipment, and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. At any time, Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the installation or removal thereof. Tenant must remove Tenant’s Property upon expiration or termination of this Lease pursuant to Paragraph 9.2.
Appears in 1 contract
Repairs and Alterations by Tenant. 10.1 Subject A. Except to Paragraph 18the extent such obligations are imposed upon Landlord hereunder, Tenant willshall, at Tenant’s own its sole cost and expense, maintain the Premises in good order, condition and repair any damage done throughout the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall be responsible for all repairs replacements and alterations in and to the ProjectPremises, Building and Property and the facilities and systems thereof, the need for which arises out of (1) Tenant’s use or occupancy of the Premises, (2) the installation, removal, use or operation of Tenant’s Property (as defined in Section 8. above), (3) the moving of Tenant’s Property into or out of the Building, or any part thereof(4) the act, including replacement omission, misuse or negligence of damaged portions or itemsTenant, caused by Tenant or Tenant’s its agents, employeescontractors, employees or invitees, or visitors, and Tenant covenants and agrees to make all such repairs as may be required to restore the Project to as good a condition as it was in prior to such damage. All such work repairs, replacements or repairs by Tenant must alterations shall be effected performed in compliance accordance with Section 10.B. below and the rules, policies and procedures
(a) all applicable Regulationsstructural elements of the Building; providedand (b) all mechanical, however, if Tenant fails to make such repairs or replacements promptly, Landlord may, at its option, make repairs or replacements, electrical and Tenant will pay plumbing systems that serve the Building in general; (as additional rentc) the cost thereof Building facilities common to all tenants including but not limited to, the ceilings, walls and floors in the Common Areas; and (d) all other repairs replacements and alterations in and to the Landlord within 10 days Premises, Building and Property and the facilities and systems thereof, the need for which arises out of any act, omission, misuse or negligence of Landlord’s demand therefor, as additional rent. The provisions of this Paragraph 10.1 will survive expiration its agents, contractors, employees or termination of this Leaseinvitees.
10.2 B. Tenant will shall not place or install make or allow to be placed made any alterations, additions or installed any signs on or in the Premises which are visible from outside improvements to the Premises, without first obtaining the prior written consent of Landlord in each such instance, which consent may shall not be given on unreasonably withheld, conditioned, or delayed. Prior to commencing any such conditions work and as a condition to obtaining Landlord’s consent, Tenant must furnish Landlord may elect.
10.3 Any with plans and specifications reasonably acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; and necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 15. hereof. For purposes of any alterations, additions or improvements made by or on behalf of Tenant to the Premises other than the initial Improvements (“Tenant Alterations”) will be subject to Landlord’s prior written consent, which consent will not be unreasonably withheld or delayed. Landlord will not be deemed to have unreasonably withheld its consent to any Tenant Alterations if its consent is withheld because such Tenant Alterations: (i) are not consistent with the first-class nature or the architectural character of the Building; (ii) could adversely affect the structure of the Building, the HVAC system or electrical, mechanical, plumbing or other lines or systems in the Building or the Building circuitry; (iii) could increase Landlord’s costs of operating and maintaining the Building unless Tenant pays all such costs; (iv) would violate the terms of any applicable zoning or building laws or ordinances; or (v) include the use of wall covering that is impermeable to humidity or vapor; the foregoing being merely examples of reasons for which Landlord may reasonably withhold its consent and will not be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the foregoing examples. However, with respect to alterations to the Premises comprised solely of cosmetic changes (such as painting and carpeting), or with respect to alterations to the Premises which do not consist solely of cosmetic changes but which cost $30,000 or less per project (for purposes of such determination, multiple alterations that are related will be grouped together) and which do not fall within any of the foregoing factors (i) through (vdescribed above), Tenant will give Landlord prior written notice (only shall be responsible for insuring that all such Tenant Alterations costing more than $5,000 (grouped as set forth above)) but need not obtain Landlord’s consent (persons procure and maintain insurance coverage against such Tenant Alterations not requiring Landlord’s consent are referred to herein as “Minor Alterations”). Tenant will causerisks, at its expense, any Tenant Alterations to comply with applicable insurance requirements in such amounts and with all applicable Regulationssuch companies as Landlord may require, including, but not limited to, Builder’s Risk and will construct at its expense any alteration or modification required by applicable Regulations as a result of any Tenant AlterationsWorker’s Compensation insurance. All Tenant Alterations must such improvements, alterations or additions shall be constructed in a good and workmanlike manner by contractors reasonably acceptable to Landlord and only good grades using Building Standard materials or other new materials of materials may be usedequal or greater quantity. Tenant may not install or cause shall use its best efforts to be installed minimize business disruption to the other tenants and occupants of the Building during the time in the Premises a wall covering that is impermeable to humidity or vapor. All plans which Tenant performs any such alterations, additions and specifications for any Tenant Alterations requiring Landlord’s consent pursuant this Paragraph 10.3, and a copy of all required permits, must be submitted to Landlord for its approval before the work begins (which approval will not be unreasonably withheld or delayed)improvements. Landlord may monitor designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion, Tenant shall furnish “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All improvements, alterations and additions shall comply with the insurance requirements, codes, ordinances, laws and regulations, including without limitation, the Americans with Disabilities Act. Tenant shall reimburse Landlord upon demand for all sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any alterations, additions or improvements. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any alterations, additions or improvements that may affect the Tenant Alterations. Tenant will pay to Landlord as additional rent an amount equal to 3% structure of the total hard and soft costs Building or any of performing and constructing the Tenant Alterations to cover mechanical, electrical, plumbing or life safety systems of the Building. Landlord’s overhead expenses and to compensate Landlord for its services hereunder, and in addition Tenant will reimburse Landlord for Landlord’s reasonable actual out-of-pocket costs for third-party architectural or engineering (or both) review approval of Tenant’s plans and specifications for such any work performed for or on behalf of Tenant Alterations; provided, however, that such 3% fee and such reimbursement obligation will shall not apply be deemed to Tenant Alterations comprised solely of Minor Alterations. Landlord’s right to review plans and specifications and to monitor construction will be solely for its own benefit, and representation by Landlord will have no duty to see that such plans and specifications or construction comply with applicable lawsinsurance requirements, building codes, rules and ordinances, laws or regulations or that the alterations, additions and improvements constructed in accordance with such plans and specifications are will be adequate for Tenant’s use or purposes. Tenant will provide Landlord with the identities and mailing address of all persons performing work or supplying materials, prior to beginning such construction of Tenant Alterations for which Landlord’s consent is required pursuant to this Paragraph 10.3, and Landlord may post on and about the Premises notices of nonresponsibility pursuant to applicable law. Tenant will 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 personal injury and property damage during construction. Tenant will insure any such Tenant Alterations in accordance with Paragraph 17.1(a) (other than the Tenant Work, which shall be insured by Landlord pursuant to Paragraph 17.2). In connection with any Tenant Alterations, Tenant’s contractor must (and its contract must so provide):
(a) conduct its work in such a manner so as not to unreasonably interfere with Project operations, or any other construction occurring on or in the Project or in the Premises;
(b) execute a set of and comply with the Building’s then-current Tenant Contractor Rules and Regulations and comply with all additional rules and regulations relating to construction activities in or on the Project as may be reasonably promulgated from time to time and uniformly enforced by Landlord or its agents;
(c) deliver to Landlord detailed “as built” plans immediately after the alterations or improvements are complete, if requested by Landlord;
(d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work including, but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials and access to the Property; and
(e) perform its work in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and so as not to cause interference with the continuance of work to be performed or services to be rendered to the Project. Without limiting the foregoing, the following work, whether performed as a Tenant Alteration or as an initial leasehold improvements pursuant to the Work Letter (if any) attached hereto, must be performed (and in the event that Tenant engages for or causes the same to be performed, Tenant will cause its contractor to engage such work to be performed) only by subcontractors having collective bargaining agreements with unions affiliated with the Building and Construction Trades Department of the AFL-CIO as of January 1, 2001 (a list of such unions is attached hereto as Exhibit F): (i) any expansion to expand the size of the Premises beyond the size of the initial Premises hereunder, including any tenant improvements in connection with such expansion; (ii) major repairs or replacements of any supplemental heating, ventilation and air conditioning system, or (iii) installation, repair and replacement of any electric panel board and any entry service cables. For Tenant Alterations requiring Landlord’s consent, Landlord will have the right to approve Tenant’s contractor and all subcontractors to be used by Tenant’s contractor, which approval will not be unreasonably withheld or delayed. Tenant and its contractors are hereby prohibited from engaging any contractors or subcontractors that will or may cause labor disharmony. Upon completion of any Tenant Alterations requiring Landlord’s consent, Tenant will deliver to Landlord sworn statements setting forth the names of all contractors, subcontractors and material suppliers who did work on or supplied materials for the Tenant Alterations, and final, unconditional lien waivers from all such contractors, subcontractors and material suppliers in the form required by applicable law. Tenant will have no right to make any repairs, alterations or improvements to, within or on any of the Common Areas. Within ten (10) days following completion of any Tenant Alterations (but not for Minor Alterations), Tenant will cause a Notice of Completion to be recorded in the office of the Recorder of the County in which the Property is located in accordance with Section 3093 of the California Civil Code or any successor statute and furnish a copy thereof to Landlord upon recordation, and Tenant shall timely give all notices required pursuant to Section 3259.5 of the California Civil Code or any successor statute, failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as Tenant’s agent for such purpose. Landlord reserves the right to require that Tenant terminate its contract with Tenant’s contractor if such contractor is engaged in a labor dispute which disrupts such contractor’s work, the work of any other contractor at the Project or the operation of the Project. Landlord will also have the right to order any contractor of Tenant who violates any of Landlord’s requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Project. Tenant agrees that its contractors will not conduct their work in such manner so as to interfere with or cause any interruption of (i) Landlord’s construction, (ii) another tenant’s occupancy or construction, or (iii) other phases of Landlord’s operation of the Projectuse.
10.4 Any and all alterations or improvements to the Premises will become the property of Landlord upon termination of this Lease (except for movable equipment or furniture owned by Tenant). Landlord may, nonetheless, require Tenant to remove any and all fixtures, equipment and other alterations or improvements installed on the Premises and restore the Premises to Building Standard by the expiration or termination of this Lease. If Landlord so requires and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant will pay Landlord on demand (as additional rent) the cost of restoring the Premises to Building Standard. However, at the time that Tenant requests Landlord’s consent to specific alterations, Tenant may also request that Landlord notify Tenant whether Landlord will, upon expiration or termination of the Lease Term, require Tenant to remove the subject improvements. If Tenant so requests and if Landlord consents to the alterations, then Landlord will also notify Tenant whether Landlord will require removal of any such alterations or improvements at the expiration or termination of the Lease Term. At the expiration or termination of the Lease Term, Tenant will not be required to remove any such alterations or improvements if and to the extent that Landlord previously notified Tenant that removal of such alterations or improvements would not be required. The provisions of this Paragraph 10.4 will survive expiration or termination of this Lease. Landlord may require Tenant to remove wires, cables and telecommunications equipment pursuant to Paragraph 29. Tenant’s trade fixtures, furniture, equipment, and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. At any time, Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the installation or removal thereof. Tenant must remove Tenant’s Property upon expiration or termination of this Lease pursuant to Paragraph 9.2.
Appears in 1 contract
Repairs and Alterations by Tenant. 10.1 Subject A. Except to Paragraph 18the extent such obligations are imposed upon Landlord hereunder, Tenant willshall, at Tenant’s own its sole cost and expense, maintain the Premises in good order, condition and repair any damage done throughout the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a clean condition at all times. Tenant shall be responsible for all repairs replacements and alterations in and to the ProjectPremises, Building and Property and the facilities and systems thereof, the need for which arises out of (1) Tenant’s use or occupancy of the Premises, (2) the installation, removal, use or operation of Tenant’s Property (as defined in Section 8. above), (3) the moving of Tenant’s Property into or out of the Building, or any part thereof(4) the act, including replacement omission, misuse or negligence of damaged portions or itemsTenant, caused by Tenant or Tenant’s its agents, employeescontractors, employees or invitees, or visitors, and Tenant covenants and agrees to make all such repairs as may be required to restore the Project to as good a condition as it was in prior to such damage. All such repairs, replacements or alterations shall be performed in accordance with Section 10.B. below and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work or repairs by Tenant must be effected in compliance with all applicable Regulations; provided, however, if the Building. If Tenant fails to make maintain the Premises in good order, condition and repair, Landlord shall give Tenant notice to perform such repairs or replacements promptlyacts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work and diligently pursue it to its completion, then Landlord may, at its is option, make repairs or replacementssuch repairs, and Tenant will shall pay (as additional rent) the cost thereof to Landlord on demand as Additional Rent, together with an administration charge in an amount equal to five percent (5%) of the cost of such repairs. Landlord within 10 days shall, at its expense (except as included in Basic Costs) keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon:
(a) all structural elements of the Building, including, but not limited to, the Building shell, roof, foundations, floor/ceiling slabs, curtain walls, exterior glass and ▇▇▇▇ ions, columns, beams, shafts (including elevator shafts), stairs, stairwells, and elevator cabs; and (b) all mechanical, electrical and plumbing systems that serve the Building in general; and (c) the Building facilities common to all tenants, including, but not limited to, the ceilings, walls and floors in the Common Areas. If Landlord fails to undertake and complete all necessary maintenance or repairs as required under this Lease, Tenant shall give Landlord notice to perform such acts as are reasonably required to comply with such maintenance and repair requirements. If Landlord fails to promptly commence such work and diligently pursue it to its completion, then Tenant may, at is option, following an additional written notice to Landlord and Landlord’s demand thereforfailure to commence such repairs within three (3) business days following delivery of such second notice, as additional rent. The provisions make such repairs, and Landlord shall pay the reasonable cost thereof to Tenant on demand, together with an administration charge in an amount equal to five percent (5%) of this Paragraph 10.1 will survive expiration or termination the cost of this Leasesuch repairs.
10.2 B. Tenant will shall not place or install make or allow to be placed made any alterations, additions or installed any signs on or in the Premises which are visible from outside improvements to the Premises, without first obtaining the prior written consent of Landlord in each such instance, which consent may not be given on such conditions as Landlord unreasonably withheld, delayed or conditioned; provided, however, Tenant may elect.
10.3 Any make cosmetic, non-structural alterations, additions or improvements made by or on behalf of Tenant to the Premises (“Tenant Alterations”) will be subject to Landlord’s prior written consent, which consent will not be unreasonably withheld or delayed. Landlord will not be deemed to have unreasonably withheld its consent to any Tenant Alterations if its consent is withheld because such Tenant Alterations: (i) are not consistent with the first-class nature or the architectural character of the Building; (ii) could adversely affect the structure of the Building, the HVAC system or electrical, mechanical, plumbing or other lines or systems in the Building or the Building circuitry; (iii) could increase Landlord’s costs of operating and maintaining the Building unless Tenant pays all such costs; (iv) would violate the terms of any applicable zoning or building laws or ordinances; or (v) include the use of wall covering that is impermeable to humidity or vapor; the foregoing being merely examples of reasons for which Landlord may reasonably withhold its consent and will not be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the foregoing examples. However, with respect to alterations to the Premises comprised solely of cosmetic changes (such as painting and carpeting), or with respect to alterations to the Premises which do not consist solely of cosmetic changes but which cost $30,000 or less per project (for purposes of such determination, multiple alterations that are related will be grouped together) and which do not fall within any of the foregoing factors (i) through (v), Tenant will give Landlord prior written notice (only for such Tenant Alterations costing more than $5,000 (grouped 1.00 per rentable square foot of the Premises to purchase and install without the need for first obtaining Landlord’s consent, so long as set forth above)) but need not obtain Tenant provides Landlord with written notice of the type and scope of such alterations, additions or improvements prior to commencing any such work. Prior to commencing any such work and as a condition to obtaining Landlord’s consent, where Landlord’s consent (such is required, Tenant Alterations not requiring must furnish Landlord with plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; and evidence of contractor’s consent are referred to herein as “Minor Alterations”)and subcontractor’s insurance in accordance with Section 15. hereof. Tenant will causeshall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, at its expense, any Tenant Alterations to comply with applicable insurance requirements in such amounts and with all applicable Regulationssuch companies as Landlord may require, including, but not limited to, Builder’s Risk and will construct at its expense any alteration or modification required by applicable Regulations as a result of any Tenant AlterationsWorker’s Compensation insurance. All Tenant Alterations must such improvements, alterations or additions shall be constructed in a good and workmanlike manner by contractors using Building Standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably acceptable necessary to Landlord avoid any disruption to the tenants and only good grades occupants of materials the Building, shall have the right to designate the time when any such alterations, additions and improvements may be usedperformed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion, Tenant shall furnish “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All improvements, alterations and additions shall comply with the insurance requirements, codes, ordinances, laws and regulations, including without limitation, the Americans with Disabilities Act. Tenant may not install or cause to be installed in shall reimburse Landlord upon demand for all reasonable sums, if any, expended by Landlord for third party examination of the Premises a wall covering that is impermeable to humidity or vapor. All architectural, mechanical, electrical and plumbing plans and specifications for any Tenant Alterations requiring Landlord’s consent pursuant this Paragraph 10.3alterations, and a copy of all required permitsadditions or improvements. In addition, must if Landlord so requests, Landlord shall be submitted entitled to Landlord for its approval before oversee the work begins (which approval will not be unreasonably withheld or delayed). Landlord may monitor construction of any alterations, additions or improvements that may affect the Tenant Alterationsstructure of the Building or any of the mechanical, electrical, plumbing or life safety systems of the Building. Tenant will pay In the event Landlord elects to oversee such work, Landlord as additional rent shall be entitled to receive a fee for such oversight in an amount equal to three percent (3% %) of the total hard and soft costs cost of performing and constructing the Tenant Alterations to cover such alterations, additions or improvements. Landlord’s overhead expenses and to compensate Landlord for its services hereunder, and in addition Tenant will reimburse Landlord for Landlord’s reasonable actual out-of-pocket costs for third-party architectural or engineering (or both) review approval of Tenant’s plans and specifications for such any work performed for or on behalf of Tenant Alterations; provided, however, that such 3% fee and such reimbursement obligation will shall not apply be deemed to Tenant Alterations comprised solely of Minor Alterations. Landlord’s right to review plans and specifications and to monitor construction will be solely for its own benefit, and representation by Landlord will have no duty to see that such plans and specifications or construction comply with applicable laws, building codes, rules and ordinances, laws or regulations or that the alterations, additions and improvements constructed in accordance with such plans and specifications are will be adequate for Tenant’s use use.
C. The installation and removal of Customer Equipment shall not constitute an alteration or purposes. Tenant will provide Landlord with the identities and mailing address of all persons performing work or supplying materials, prior to beginning such construction of Tenant Alterations for which Landlord’s consent is required pursuant to this Paragraph 10.3, and Landlord may post on and about the Premises notices of nonresponsibility pursuant to applicable law. Tenant will 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 personal injury and property damage during construction. Tenant will insure any such Tenant Alterations in accordance with Paragraph 17.1(a) (other than the Tenant Work, which shall be insured by Landlord pursuant to Paragraph 17.2). In connection with any Tenant Alterations, Tenant’s contractor must (and its contract must so provide):
(a) conduct its work in such a manner so as not to unreasonably interfere with Project operations, or any other construction occurring on or in the Project or in the Premises;
(b) execute a set of and comply with the Building’s then-current Tenant Contractor Rules and Regulations and comply with all additional rules and regulations relating to construction activities in or on the Project as may be reasonably promulgated from time to time and uniformly enforced by Landlord or its agents;
(c) deliver to Landlord detailed “as built” plans immediately after the alterations or improvements are complete, if requested by Landlord;
(d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work including, but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials and access to the Property; and
(e) perform its work in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and so as not to cause interference with the continuance of work to be performed or services to be rendered to the Project. Without limiting the foregoing, the following work, whether performed as a Tenant Alteration or as an initial leasehold improvements pursuant to the Work Letter (if any) attached hereto, must be performed (and in the event that Tenant engages for or causes the same to be performed, Tenant will cause its contractor to engage such work to be performed) only by subcontractors having collective bargaining agreements with unions affiliated with the Building and Construction Trades Department of the AFL-CIO as of January 1, 2001 (a list of such unions is attached hereto as Exhibit F): (i) any expansion to expand the size of the Premises beyond the size of the initial Premises hereunder, including any tenant improvements in connection with such expansion; (ii) major repairs or replacements of any supplemental heating, ventilation and air conditioning system, or (iii) installation, repair and replacement of any electric panel board and any entry service cables. For Tenant Alterations addition requiring Landlord’s consent, Landlord will have provided that such installation and/or equipment does not affect any structural elements or floor load capacity of the right to approve Tenant’s contractor Building, and all subcontractors to be used by Tenant’s contractor, which approval will not be unreasonably withheld or delayed. Tenant and its contractors are hereby prohibited from engaging any contractors or subcontractors that will or may cause labor disharmony. Upon completion no modification of any Tenant Alterations requiring Landlord’s consent, Tenant will deliver to Landlord sworn statements setting forth the names of all contractors, subcontractors and material suppliers who did work on or supplied materials for the Tenant Alterations, and final, unconditional lien waivers from all such contractors, subcontractors and material suppliers in the form Building systems is required by applicable lawas a consequence thereof. Tenant will have no right to make any repairs, alterations or improvements to, within or on any of the Common Areas. Within ten (10) days following completion of any Tenant Alterations (but not for Minor Alterations), Tenant will cause a Notice of Completion to be recorded in the office of the Recorder of the County in which the Property is located in accordance with Section 3093 of the California Civil Code or any successor statute and furnish a copy thereof to Landlord upon recordation, and Tenant shall timely give all notices required pursuant to Section 3259.5 of the California Civil Code or any successor statute, failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as Tenant’s agent for such purpose. Landlord reserves the right to require that Tenant terminate its contract with Tenant’s contractor if such contractor is engaged in a labor dispute which disrupts such contractor’s work, the work of any other contractor at the Project or the operation of the Project. Landlord will also have the right to order any contractor of Tenant who violates any of Landlord’s requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Project. Tenant agrees that its contractors will not conduct their work in such manner so as to interfere with or cause any interruption of (i) Landlord’s construction, (ii) another tenant’s occupancy or construction, or (iii) other phases of Landlord’s operation of the Project.
10.4 Any and all alterations or improvements Subject to the Premises will become the property provisions of Landlord upon termination Section 4 of this Lease (except for movable equipment or furniture owned by Tenant). Landlord may, nonetheless, require Tenant to remove any and all fixtures, equipment and other alterations or improvements installed on the Premises and restore the Premises to Building Standard by the expiration or termination of this Lease. If Landlord so requires and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant will pay Landlord on demand (as additional rent) the cost of restoring the Premises to Building Standard. However, at the time that Tenant requests Landlord’s consent to specific alterationsExhibit E, Tenant may also request that Landlord notify Tenant whether Landlord willrelocate, upon expiration or termination remove and move from the Premises any cabinets, cages, Customer Equipment and any other of the Tenant’s Property, at any time during the Lease Term, require Tenant to remove the subject improvements. If Tenant so requests and if Landlord consents to the alterations, then Landlord will also notify Tenant whether Landlord will require removal of any such alterations or improvements at the expiration or termination of the Lease Term. At the expiration or termination of the Lease Term, Tenant will not be required to remove any such alterations or improvements if and to the extent that Landlord previously notified Tenant that removal of such alterations or improvements would not be required. The provisions of this Paragraph 10.4 will survive expiration or termination of this Lease. Landlord may require Tenant to remove wires, cables and telecommunications equipment pursuant to Paragraph 29. Tenant’s trade fixtures, furniture, equipment, and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. At any time, Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the installation or removal thereof. Tenant must remove Tenant’s Property upon expiration or termination of this Lease pursuant to Paragraph 9.2.
Appears in 1 contract
Sources: Office Lease Agreement (KBS Growth & Income REIT, Inc.)
Repairs and Alterations by Tenant. 10.1 Subject to Paragraph 18, Tenant willcovenants and agrees with --------------------------------- Landlord, at Tenant’s 's own cost and expense, to keep the Building in good condition and repair and to repair or replace any damage done to the ProjectBuilding, or any part thereof, including replacement of damaged portions or items, caused by Tenant or Tenant’s 's agents, servants, employees, inviteescustomers, licensees, or visitors, and invitees (except to the extent required to be maintained by Landlord in Paragraph 10A below). Tenant further covenants and agrees to make all such that repairs as may be required to be made by Tenant hereunder shall restore the Project Building to as good a condition as it was in prior to such damage. All damage and that such work or repairs by Tenant must shall be effected in compliance with all applicable Regulations; providedlaws. Tenant shall be responsible for all repairs except those repairs to made by Landlord under Paragraphs 7 and 10A. No Tenant repairs shall be made by Tenant's employees or independent contractors without the prior written consent of Landlord. To the extent that any such repairs would be to areas, howeverstructures or equipment under warranty, if Landlord may impose specific requirements for such repair work, including but not limited to the use of contractors specified by Landlord. If Tenant fails to make such repairs or replacements promptlywithin fifteen (15) days after receipt of written demand by Landlord, Landlord may, at its option, make such repairs or replacements, and Tenant will shall pay (as additional rent) the cost thereof to the Landlord within 10 days of Landlord’s on demand therefor, as additional rent. The provisions of this Paragraph 10.1 will survive expiration or termination of this Lease.
10.2 Tenant will agrees with Landlord not place or install to make or allow to be placed made any alterations to the Building, or installed any place signs on or in the Premises Building which are visible from outside the PremisesBuilding, without first obtaining the prior written consent of Landlord in each such instance, which consent may be refused or given on such reasonable conditions as Landlord may elect.
10.3 Any . The Tenant Improvements and any and all alterations, additions or improvements made by or on behalf of Tenant to the Premises (“Tenant Alterations”) will be subject to Landlord’s prior written consent, which consent will not be unreasonably withheld or delayed. Landlord will not be deemed to have unreasonably withheld its consent to any Tenant Alterations if its consent is withheld because such Tenant Alterations: (i) are not consistent with the first-class nature or the architectural character of the Building; (ii) could adversely affect the structure of the Building, the HVAC system or electrical, mechanical, plumbing or other lines or systems in the Building or the Building circuitry; (iii) could increase Landlord’s costs of operating and maintaining the Building unless Tenant pays all such costs; (iv) would violate the terms of any applicable zoning or building laws or ordinances; or (v) include the use of wall covering that is impermeable to humidity or vapor; the foregoing being merely examples of reasons for which Landlord may reasonably withhold its consent and will not be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the foregoing examples. However, with respect to alterations to the Premises comprised solely of cosmetic changes (such as painting and carpeting), or with respect to alterations to the Premises which do not consist solely of cosmetic changes but which cost $30,000 or less per project (for purposes of such determination, multiple alterations that are related will be grouped together) and which do not fall within any of the foregoing factors (i) through (v), Tenant will give Landlord prior written notice (only for such Tenant Alterations costing more than $5,000 (grouped as set forth above)) but need not obtain Landlord’s consent (such Tenant Alterations not requiring Landlord’s consent are referred to herein as “Minor Alterations”). Tenant will cause, at its expense, any Tenant Alterations to comply with applicable insurance requirements and with all applicable Regulations, and will construct at its expense any alteration or modification required by applicable Regulations as a result of any Tenant Alterations. All Tenant Alterations must be constructed in a good and workmanlike manner by contractors reasonably acceptable to Landlord and only good grades of materials may be used. Tenant may not install or cause to be installed in the Premises a wall covering that is impermeable to humidity or vapor. All plans and specifications for any Tenant Alterations requiring Landlord’s consent pursuant this Paragraph 10.3, and a copy of all required permits, must be submitted to Landlord for its approval before the work begins (which approval will not be unreasonably withheld or delayed). Landlord may monitor construction of the Tenant Alterations. Tenant will pay to Landlord as additional rent an amount equal to 3% of the total hard and soft costs of performing and constructing the Tenant Alterations to cover Landlord’s overhead expenses and to compensate Landlord for its services hereunder, and in addition Tenant will reimburse Landlord for Landlord’s reasonable actual out-of-pocket costs for third-party architectural or engineering (or both) review of Tenant’s plans and specifications for such Tenant Alterations; provided, however, that such 3% fee and such reimbursement obligation will not apply to Tenant Alterations comprised solely of Minor Alterations. Landlord’s right to review plans and specifications and to monitor construction will be solely for its own benefit, and Landlord will have no duty to see that such plans and specifications or construction comply with applicable laws, codes, rules and regulations or that such plans and specifications are adequate for Tenant’s use or purposes. Tenant will provide Landlord with the identities and mailing address of all persons performing work or supplying materials, prior to beginning such construction of Tenant Alterations for which Landlord’s consent is required pursuant to this Paragraph 10.3, and Landlord may post on and about the Premises notices of nonresponsibility pursuant to applicable law. Tenant will 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 personal injury and property damage during construction. Tenant will insure any such Tenant Alterations in accordance with Paragraph 17.1(a) (other than the Tenant Work, which shall be insured by Landlord pursuant to Paragraph 17.2). In connection with any Tenant Alterations, Tenant’s contractor must (and its contract must so provide):
(a) conduct its work in such a manner so as not to unreasonably interfere with Project operations, or any other construction occurring on or in the Project or in the Premises;
(b) execute a set of and comply with the Building’s then-current Tenant Contractor Rules and Regulations and comply with all additional rules and regulations relating to construction activities in or on the Project as may be reasonably promulgated from time to time and uniformly enforced by Landlord or its agents;
(c) deliver to Landlord detailed “as built” plans immediately after the alterations or improvements are complete, if requested by Landlord;
(d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work including, but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials and access to the Property; and
(e) perform its work in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and so as not to cause interference with the continuance of work to be performed or services to be rendered to the Project. Without limiting the foregoing, the following work, whether performed as a Tenant Alteration or as an initial leasehold improvements pursuant to the Work Letter (if any) attached hereto, must be performed (and in the event that Tenant engages for or causes the same to be performed, Tenant will cause its contractor to engage such work to be performed) only by subcontractors having collective bargaining agreements with unions affiliated with the Building and Construction Trades Department of the AFL-CIO as of January 1, 2001 (a list of such unions is attached hereto as Exhibit F): (i) any expansion to expand the size of the Premises beyond the size of the initial Premises hereunder, including any tenant improvements in connection with such expansion; (ii) major repairs or replacements of any supplemental heating, ventilation and air conditioning system, or (iii) installation, repair and replacement of any electric panel board and any entry service cables. For Tenant Alterations requiring Landlord’s consent, Landlord will have the right to approve Tenant’s contractor and all subcontractors to be used by Tenant’s contractor, which approval will not be unreasonably withheld or delayed. Tenant and its contractors are hereby prohibited from engaging any contractors or subcontractors that will or may cause labor disharmony. Upon completion of any Tenant Alterations requiring Landlord’s consent, Tenant will deliver to Landlord sworn statements setting forth the names of all contractors, subcontractors and material suppliers who did work on or supplied materials for the Tenant Alterations, and final, unconditional lien waivers from all such contractors, subcontractors and material suppliers in the form required by applicable law. Tenant will have no right to make any repairs, alterations or improvements to, within or on any of the Common Areas. Within ten (10) days following completion of any Tenant Alterations (but not for Minor Alterations), Tenant will cause a Notice of Completion to be recorded in the office of the Recorder of the County in which the Property is located in accordance with Section 3093 of the California Civil Code or any successor statute and furnish a copy thereof to Landlord upon recordation, and Tenant shall timely give all notices required pursuant to Section 3259.5 of the California Civil Code or any successor statute, failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as Tenant’s agent for such purpose. Landlord reserves the right to require that Tenant terminate its contract with Tenant’s contractor if such contractor is engaged in a labor dispute which disrupts such contractor’s work, the work of any other contractor at the Project or the operation of the Project. Landlord will also have the right to order any contractor of Tenant who violates any of Landlord’s requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Project. Tenant agrees that its contractors will not conduct their work in such manner so as to interfere with or cause any interruption of (i) Landlord’s construction, (ii) another tenant’s occupancy or construction, or (iii) other phases of Landlord’s operation of the Project.
10.4 Any and all alterations or improvements to the Premises will Building made by Tenant after the Commencement Date of this Lease shall become the property of Landlord upon termination of this Lease (except for movable equipment Lease. Notwithstanding anything herein contained, under no circumstances shall Landlord be entitled to any interest in any personal property or furniture owned trade fixtures of Tenant. In addition, Tenant shall be entitled to remove those alterations, additions, and improvements made to the Building by Tenant, either as a part of the Tenant Improvements or made subsequent to the date of Substantial Completion by Tenant, if Landlord's consent to the removal was obtained at the time Landlord's approval to the said alteration, addition, or improvement was obtained. Furthermore, Tenant shall be obligated to remove such alteration, addition or improvement installed by Tenant, either as a part of the Tenant Improvements or made subsequent to the date of Substantial Completion by Tenant, if Landlord notifies Tenant in writing that such removal is required at the time Landlord's consent to the alteration, addition or improvement was obtained (the "Required Removables"). Landlord may, nonetheless, require Tenant to remove any and all fixtures, equipment and other alterations or improvements installed on In the Premises and restore the Premises to Building Standard by the expiration or termination of this Lease. If event that Landlord so requires notifies Tenant and Tenant fails to remove such improvementsthe Required Removables, Landlord may remove such improvements the Required Removables at Tenant’s 's cost, and Tenant will shall pay Landlord on demand (as additional rent) the cost of restoring the Premises to Building Standard. Howeverall costs incurred in removing, at the time that Tenant requests Landlord’s consent to specific alterations, Tenant may also request that Landlord notify Tenant whether Landlord will, upon expiration or termination storing and/or disposing of the Lease Term, require Tenant to remove the subject improvements. If Tenant so requests and if Landlord consents to the alterations, then Landlord will also notify Tenant whether Landlord will require removal of any such alterations or improvements at the expiration or termination of the Lease Term. At the expiration or termination of the Lease Term, Tenant will not be required to remove any such alterations or improvements if and to the extent that Landlord previously notified Tenant that removal of such alterations or improvements would not be required. The provisions of this Paragraph 10.4 will survive expiration or termination of this Lease. Landlord may require Tenant to remove wires, cables and telecommunications equipment pursuant to Paragraph 29. Tenant’s trade fixtures, furniture, equipment, and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. At any time, Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the installation or removal thereof. Tenant must remove Tenant’s Property upon expiration or termination of this Lease pursuant to Paragraph 9.2Required Removables.
Appears in 1 contract
Repairs and Alterations by Tenant. 10.1 Subject A. Except to Paragraph 18the extent such obligations are imposed upon Landlord hereunder, Tenant willshall, at Tenant’s own its sole cost and expense, maintain the Premises in good order, condition and repair any damage done throughout the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall be responsible for all repairs replacements and alterations in and to the ProjectPremises, Building and Property and the facilities and systems thereof, the need for which arises out of (1) Tenant’s use or occupancy of the Premises, (2) the installation, removal, use or operation of Tenant’s Property (as defined in Section 8. above), (3) the moving of Tenant’s Property into or out of the Building, or any part thereof(4) subject to the waiver of subrogation provided in Section 15.E. hereof, including replacement the act, omission, misuse or negligence of damaged portions or itemsTenant, caused by Tenant or Tenant’s its agents, employeescontractors, employees or invitees, or visitors, and Tenant covenants and agrees to make all such repairs as may be required to restore the Project to as good a condition as it was in prior to such damage. All such repairs, replacements or alterations shall be performed in accordance with Section 10.B. below and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work or repairs by Tenant must be effected in compliance with all applicable Regulations; provided, however, if the Building. If Tenant fails to make maintain the Premises in good order, condition and repair, Landlord shall give Tenant notice to perform such repairs or replacements promptlyacts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work in thirty (30) days and diligently pursue it to its completion, then Landlord may, at its is option, make repairs or replacementssuch repairs, and Tenant will shall pay (as additional rent) the cost thereof to Landlord on demand as Additional Rent, together with an administration charge in an amount equal to five percent (5%) of the cost of such repairs. Landlord within 10 days shall, at its expense (except as included in Basic Costs) keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon:
(a) all structural elements of Landlord’s demand thereforthe Building; and (b) all mechanical, as additional rent. The provisions of this Paragraph 10.1 will survive expiration or termination of this Leaseelectrical and plumbing systems that serve the Building in general; and (c) the Building facilities common to all tenants including but not limited to, the ceilings, walls and floors in the Common Areas.
10.2 B. Tenant will shall not place or install make or allow to be placed made any material, structural or installed any signs on non-cosmetic alterations, additions or in the Premises which are visible from outside improvements to the Premises, without first obtaining the prior written consent of Landlord in each such instance, which consent may be refused or given on such conditions as Landlord may elect.
10.3 Any alterations. Prior to commencing any such work and as a condition to obtaining Landlord’s consent, additions or improvements made by or on behalf of Tenant to the Premises (“Tenant Alterations”) will be subject must furnish Landlord with plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s prior written consent, which consent will not be unreasonably withheld or delayedand subcontractor’s insurance in accordance with Section 15. Landlord will not be deemed to have unreasonably withheld its consent to any Tenant Alterations if its consent is withheld because such Tenant Alterations: (i) are not consistent with the first-class nature or the architectural character of the Buildinghereof; (ii) could adversely affect the structure of the Building, the HVAC system or electrical, mechanical, plumbing and a payment bond or other lines or systems security, all in the Building or the Building circuitry; (iii) could increase form and amount satisfactory to Landlord’s costs of operating and maintaining the Building unless . Tenant pays shall be responsible for insuring that all such costs; (iv) would violate the terms of any applicable zoning or building laws or ordinances; or (v) include the use of wall covering that is impermeable to humidity or vapor; the foregoing being merely examples of reasons for which persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably withhold its consent require, including, but not limited to, Builder’s Risk and will not be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the foregoing examples. However, with respect to alterations to the Premises comprised solely of cosmetic changes (such as painting and carpeting), or with respect to alterations to the Premises which do not consist solely of cosmetic changes but which cost $30,000 or less per project (for purposes of such determination, multiple alterations that are related will be grouped together) and which do not fall within any of the foregoing factors (i) through (v), Tenant will give Landlord prior written notice (only for such Tenant Alterations costing more than $5,000 (grouped as set forth above)) but need not obtain LandlordWorker’s consent (such Tenant Alterations not requiring Landlord’s consent are referred to herein as “Minor Alterations”). Tenant will cause, at its expense, any Tenant Alterations to comply with applicable insurance requirements and with all applicable Regulations, and will construct at its expense any alteration or modification required by applicable Regulations as a result of any Tenant AlterationsCompensation insurance. All Tenant Alterations must such improvements, alterations or additions shall be constructed in a good and workmanlike manner by contractors using Building Standard materials or other materials of equal or greater quantity. Landlord, to the extent reasonably acceptable necessary to Landlord avoid any disruption to the tenants and only good grades occupants of materials the Building, shall have the right to reasonably designate the time when any such alterations, additions and improvements may be usedperformed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion, Tenant shall furnish “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All improvements, alterations and additions shall comply with the insurance requirements, codes, ordinances, laws and regulations, including without limitation, the Americans with Disabilities Act. Tenant may not install or cause shall reimburse Landlord upon demand for all sums, up to be installed in $5,000.00, if any, expended by Landlord for third party examination of the Premises a wall covering that is impermeable to humidity or vapor. All architectural, mechanical, electrical and plumbing plans and specifications for any Tenant Alterations requiring Landlord’s consent pursuant this Paragraph 10.3alterations, and a copy of all required permitsadditions or improvements. In addition, must if Landlord so requests, Landlord shall be submitted entitled to Landlord for its approval before oversee the work begins (which approval will not be unreasonably withheld or delayed). Landlord may monitor construction of any alterations, additions or improvements that may affect the Tenant Alterationsstructure of the Building or any of the mechanical, electrical, plumbing or life safety systems of the Building. Tenant will pay In the event Landlord elects to oversee such work, Landlord as additional rent shall be entitled to receive a fee for such oversight in an amount equal to 3% five percent (5%) of the total hard and soft costs cost of performing and constructing the Tenant Alterations to cover such alterations, additions or improvements. Landlord’s overhead expenses and to compensate Landlord for its services hereunder, and in addition Tenant will reimburse Landlord for Landlord’s reasonable actual out-of-pocket costs for third-party architectural or engineering (or both) review approval of Tenant’s plans and specifications for such any work performed for or on behalf of Tenant Alterations; provided, however, that such 3% fee and such reimbursement obligation will shall not apply be deemed to Tenant Alterations comprised solely of Minor Alterations. Landlord’s right to review plans and specifications and to monitor construction will be solely for its own benefit, and representation by Landlord will have no duty to see that such plans and specifications or construction comply with applicable lawsinsurance requirements, building codes, rules and ordinances, laws or regulations or that the alterations, additions and improvements constructed in accordance with such plans and specifications are will be adequate for Tenant’s use or purposes. Tenant will provide Landlord with the identities and mailing address of all persons performing work or supplying materials, prior to beginning such construction of Tenant Alterations for which Landlord’s consent is required pursuant to this Paragraph 10.3, and Landlord may post on and about the Premises notices of nonresponsibility pursuant to applicable law. Tenant will 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 personal injury and property damage during construction. Tenant will insure any such Tenant Alterations in accordance with Paragraph 17.1(a) (other than the Tenant Work, which shall be insured by Landlord pursuant to Paragraph 17.2). In connection with any Tenant Alterations, Tenant’s contractor must (and its contract must so provide):
(a) conduct its work in such a manner so as not to unreasonably interfere with Project operations, or any other construction occurring on or in the Project or in the Premises;
(b) execute a set of and comply with the Building’s then-current Tenant Contractor Rules and Regulations and comply with all additional rules and regulations relating to construction activities in or on the Project as may be reasonably promulgated from time to time and uniformly enforced by Landlord or its agents;
(c) deliver to Landlord detailed “as built” plans immediately after the alterations or improvements are complete, if requested by Landlord;
(d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work including, but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials and access to the Property; and
(e) perform its work in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and so as not to cause interference with the continuance of work to be performed or services to be rendered to the Project. Without limiting the foregoing, the following work, whether performed as a Tenant Alteration or as an initial leasehold improvements pursuant to the Work Letter (if any) attached hereto, must be performed (and in the event that Tenant engages for or causes the same to be performed, Tenant will cause its contractor to engage such work to be performed) only by subcontractors having collective bargaining agreements with unions affiliated with the Building and Construction Trades Department of the AFL-CIO as of January 1, 2001 (a list of such unions is attached hereto as Exhibit F): (i) any expansion to expand the size of the Premises beyond the size of the initial Premises hereunder, including any tenant improvements in connection with such expansion; (ii) major repairs or replacements of any supplemental heating, ventilation and air conditioning system, or (iii) installation, repair and replacement of any electric panel board and any entry service cables. For Tenant Alterations requiring Landlord’s consent, Landlord will have the right to approve Tenant’s contractor and all subcontractors to be used by Tenant’s contractor, which approval will not be unreasonably withheld or delayed. Tenant and its contractors are hereby prohibited from engaging any contractors or subcontractors that will or may cause labor disharmony. Upon completion of any Tenant Alterations requiring Landlord’s consent, Tenant will deliver to Landlord sworn statements setting forth the names of all contractors, subcontractors and material suppliers who did work on or supplied materials for the Tenant Alterations, and final, unconditional lien waivers from all such contractors, subcontractors and material suppliers in the form required by applicable law. Tenant will have no right to make any repairs, alterations or improvements to, within or on any of the Common Areas. Within ten (10) days following completion of any Tenant Alterations (but not for Minor Alterations), Tenant will cause a Notice of Completion to be recorded in the office of the Recorder of the County in which the Property is located in accordance with Section 3093 of the California Civil Code or any successor statute and furnish a copy thereof to Landlord upon recordation, and Tenant shall timely give all notices required pursuant to Section 3259.5 of the California Civil Code or any successor statute, failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as Tenant’s agent for such purpose. Landlord reserves the right to require that Tenant terminate its contract with Tenant’s contractor if such contractor is engaged in a labor dispute which disrupts such contractor’s work, the work of any other contractor at the Project or the operation of the Project. Landlord will also have the right to order any contractor of Tenant who violates any of Landlord’s requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Project. Tenant agrees that its contractors will not conduct their work in such manner so as to interfere with or cause any interruption of (i) Landlord’s construction, (ii) another tenant’s occupancy or construction, or (iii) other phases of Landlord’s operation of the Projectuse.
10.4 Any and all alterations or improvements to the Premises will become the property of Landlord upon termination of this Lease (except for movable equipment or furniture owned by Tenant). Landlord may, nonetheless, require Tenant to remove any and all fixtures, equipment and other alterations or improvements installed on the Premises and restore the Premises to Building Standard by the expiration or termination of this Lease. If Landlord so requires and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant will pay Landlord on demand (as additional rent) the cost of restoring the Premises to Building Standard. However, at the time that Tenant requests Landlord’s consent to specific alterations, Tenant may also request that Landlord notify Tenant whether Landlord will, upon expiration or termination of the Lease Term, require Tenant to remove the subject improvements. If Tenant so requests and if Landlord consents to the alterations, then Landlord will also notify Tenant whether Landlord will require removal of any such alterations or improvements at the expiration or termination of the Lease Term. At the expiration or termination of the Lease Term, Tenant will not be required to remove any such alterations or improvements if and to the extent that Landlord previously notified Tenant that removal of such alterations or improvements would not be required. The provisions of this Paragraph 10.4 will survive expiration or termination of this Lease. Landlord may require Tenant to remove wires, cables and telecommunications equipment pursuant to Paragraph 29. Tenant’s trade fixtures, furniture, equipment, and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. At any time, Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the installation or removal thereof. Tenant must remove Tenant’s Property upon expiration or termination of this Lease pursuant to Paragraph 9.2.
Appears in 1 contract
Repairs and Alterations by Tenant. 10.1 Subject A. Except to Paragraph 18the extent such obligations are imposed upon Landlord hereunder, Tenant willshall, at Tenant’s own its sole cost and expense, maintain the Premises in good order, condition and repair any damage done throughout the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall be responsible for all repairs replacements and alterations in and to the ProjectPremises, Building and Property and the facilities and systems thereof, the need for which arises out of (1) Tenant’s use or occupancy of the Premises, (2) the installation, removal, use or operation of Tenant’s Property (as defined in Section 8. above), (3) the moving of Tenant’s Property into or out of the Building, or any part thereof(4) the act, including replacement omission, misuse or negligence of damaged portions or itemsTenant, caused by Tenant or Tenant’s its agents, employeescontractors, employees or invitees, or visitors, and Tenant covenants and agrees to make all such repairs as may be required to restore the Project to as good a condition as it was in prior to such damage. All such repairs, replacements or alterations shall be performed in accordance with Section 10.B. below and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work or repairs by Tenant must be effected in compliance with all applicable Regulations; provided, however, if the Building. If Tenant fails to make maintain the Premises in good order, condition and repair, Landlord shall give Tenant notice to perform such repairs or replacements promptlyacts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work and diligently pursue it to its completion, then Landlord may, at its is option, make repairs or replacementssuch repairs, and Tenant will shall pay (as additional rent) the cost thereof to Landlord on demand as Additional Rent, together with an administration charge in an amount equal to fi ve percent (5%) of the cost of such repairs. Landlord within 10 days shall, at its expense (except as included in Basic Costs) keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon:
(a) all structural elements of Landlord’s demand thereforthe Building; and (b) all mechanical, as additional rent. The provisions of this Paragraph 10.1 will survive expiration or termination of this Leaseelectrical and plumbing systems that serve the Building in general; and (c) the Building facilities common to all tenants including but not limited to, the ceilings, walls and floors in the Common Areas.
10.2 B. Tenant will shall not place or install make or allow to be placed made any alterations, additions or installed any signs on or in the Premises which are visible from outside improvements to the Premises, without first obtaining the prior written consent of Landlord in each such instance, which consent may be refused or given on such conditions as Landlord may elect.
10.3 Any alterations. Prior to commencing any such work and as a condition to obtaining Landlord’s consent, additions or improvements made by or on behalf of Tenant to the Premises (“Tenant Alterations”) will be subject must furnish Landlord with plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s prior written consent, which consent will not be unreasonably withheld or delayedand subcontractor’s insurance in accordance with Section 15. Landlord will not be deemed to have unreasonably withheld its consent to any Tenant Alterations if its consent is withheld because such Tenant Alterations: (i) are not consistent with the first-class nature or the architectural character of the Buildinghereof; (ii) could adversely affect the structure of the Building, the HVAC system or electrical, mechanical, plumbing and a payment bond or other lines or systems security, all in the Building or the Building circuitry; (iii) could increase form and amount reasonably satisfactory to Landlord’s costs of operating and maintaining the Building unless . Tenant pays shall be responsible for insuring that all such costs; (iv) would violate the terms of any applicable zoning or building laws or ordinances; or (v) include the use of wall covering that is impermeable to humidity or vapor; the foregoing being merely examples of reasons for which persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably withhold its consent require, including, but not limited to, Builder's Risk and will not be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the foregoing examples. However, with respect to alterations to the Premises comprised solely of cosmetic changes (such as painting and carpeting), or with respect to alterations to the Premises which do not consist solely of cosmetic changes but which cost $30,000 or less per project (for purposes of such determination, multiple alterations that are related will be grouped together) and which do not fall within any of the foregoing factors (i) through (v), Tenant will give Landlord prior written notice (only for such Tenant Alterations costing more than $5,000 (grouped as set forth above)) but need not obtain Landlord’s consent (such Tenant Alterations not requiring Landlord’s consent are referred to herein as “Minor Alterations”). Tenant will cause, at its expense, any Tenant Alterations to comply with applicable insurance requirements and with all applicable Regulations, and will construct at its expense any alteration or modification required by applicable Regulations as a result of any Tenant AlterationsWorker's Compensation insurance. All Tenant Alterations must such improvements, alterations or additions shall be constructed in a good and workmanlike manner by contractors using Building Standard materials or other new materials of equal or greater quantity. Landlord, to the extent reasonably acceptable necessary to Landlord avoid any disruption to the tenants and only good grades occupants of materials the Building, shall have the right todesignate the time when any such alterations, additions and improvements may be usedperformed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion, Tenant shall furnish “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All improvements, alterations and additions shall comply with the insurance requirements, codes, ordinances, laws and regulations, including without limitation, the Americans with Disabilities Act. Tenant may not install or cause to be installed in shall reimburse Landlord upon demand for all sums, if any, expended by Landlord for third party examination of the Premises a wall covering that is impermeable to humidity or vapor. All architectural, mechanical, electrical and plumbing plans and specifications for any Tenant Alterations requiring Landlord’s consent pursuant this Paragraph 10.3alterations, and a copy of all required permitsadditions or improvements. In addition, must if Landlord so requests, Landlord shall be submitted entitled to Landlord for its approval before oversee the work begins (which approval will not be unreasonably withheld or delayed). Landlord may monitor construction of any alterations, additions or improvements that may affect the Tenant Alterationsstructure of the Building or any of the mechanical, electrical, plumbing or life safety systems of the Building. Tenant will pay In the event Landlord elects to oversee such work, Landlord as additional rent shall be entitled to receive a fee for such oversight in an amount equal to 3five percent (5% ) of the total hard and soft costs cost of performing and constructing the Tenant Alterations to cover such alterations, additions or improvements. Landlord’s overhead expenses and to compensate Landlord for its services hereunder, and in addition Tenant will reimburse Landlord for Landlord’s reasonable actual out-of-pocket costs for third-party architectural or engineering (or both) review approval of Tenant’s plans and specifications for such any work performed for or on behalf of Tenant Alterations; provided, however, that such 3% fee and such reimbursement obligation will shall not apply be deemed to Tenant Alterations comprised solely of Minor Alterations. Landlord’s right to review plans and specifications and to monitor construction will be solely for its own benefit, and representation by Landlord will have no duty to see that such plans and specifications or construction comply with applicable lawsinsurance requirements, building codes, rules and ordinances, laws or regulations or that the alterations, additions and improvements constructed in accordance with such plans and specifications are will be adequate for Tenant’s use or purposesuse. . Notwithstanding the above, Tenant will provide Landlord with shall have the identities and mailing address of all persons performing work or supplying materialsright, prior to beginning such construction of Tenant Alterations for which Landlord’s consent is required pursuant to this Paragraph 10.3, and Landlord may post on and about the Premises notices of nonresponsibility pursuant to applicable law. Tenant will 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 personal injury and property damage during construction. Tenant will insure any such Tenant Alterations in accordance with Paragraph 17.1(a) (other than the Tenant Work, which shall be insured by Landlord pursuant to Paragraph 17.2). In connection with any Tenant Alterations, Tenant’s contractor must (and its contract must so provide):
(a) conduct its work in such a manner so as not to unreasonably interfere with Project operations, or any other construction occurring on or in the Project or in the Premises;
(b) execute a set of and comply with the Building’s then-current Tenant Contractor Rules and Regulations and comply with all additional rules and regulations relating to construction activities in or on the Project as may be reasonably promulgated from time to time time, to make nonstructural alterations and uniformly enforced by Landlord or its agents;
(c) deliver to Landlord detailed “as built” plans immediately after the alterations or improvements are complete, if requested by Landlord;
(d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work including, but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials and access to the Property; and
(e) perform its work in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and so as not to cause interference with the continuance of work to be performed or services to be rendered to the Project. Without limiting the foregoingdecoration of, the following work, whether performed as a Tenant Alteration or as an initial leasehold improvements pursuant to the Work Letter (if any) attached hereto, must be performed (and in the event that Tenant engages for or causes the same to be performed, Tenant will cause its contractor to engage such work to be performed) only by subcontractors having collective bargaining agreements with unions affiliated with the Building and Construction Trades Department of the AFL-CIO as of January 1, 2001 (a list of such unions is attached hereto as Exhibit F): (i) any expansion to expand the size interior of the Premises beyond the size of the initial Premises hereunder, including any tenant improvements in connection with such expansion; (ii) major repairs or replacements of any supplemental heating, ventilation and air conditioning system, or (iii) installation, repair and replacement of any electric panel board and any entry service cables. For Tenant Alterations requiring without Landlord’s consent, Landlord will have the right to approve Tenant’s contractor so long as: (i) Tenant hires a duly qualified and all subcontractors to be used by Tenant’s licensed contractor, which approval will not be unreasonably withheld or delayed. (ii) Tenant provides written notice to the Landlord of the alterations, improvements, and its contractors are hereby prohibited from engaging decoration, and (iii) for any contractors or subcontractors that will or may cause labor disharmony. Upon completion work in excess of any $20,000.00, Tenant Alterations requiring shall obtain Landlord’s consent, Tenant will deliver to Landlord sworn statements setting forth the names of all contractorswhich shall not be unreasonably withheld, subcontractors and material suppliers who did work on or supplied materials for the Tenant Alterations, and final, unconditional lien waivers from all such contractors, subcontractors and material suppliers in the form required by applicable law. Tenant will have no right to make any repairs, alterations or improvements to, within or on any of the Common Areas. Within ten (10) days following completion of any Tenant Alterations (but not for Minor Alterations), Tenant will cause a Notice of Completion to be recorded in the office of the Recorder of the County in which the Property is located in accordance with Section 3093 of the California Civil Code or any successor statute and furnish a copy thereof to Landlord upon recordation, and Tenant shall timely give all notices required pursuant to Section 3259.5 of the California Civil Code or any successor statute, failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as Tenant’s agent for such purpose. Landlord reserves the right to require that Tenant terminate its contract with Tenant’s contractor if such contractor is engaged in a labor dispute which disrupts such contractor’s work, the work of any other contractor at the Project or the operation of the Project. Landlord will also have the right to order any contractor of Tenant who violates any of Landlord’s requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Project. Tenant agrees that its contractors will not conduct their work in such manner so as to interfere with or cause any interruption of (i) Landlord’s construction, (ii) another tenant’s occupancy or constructionconditioned, or (iii) other phases of Landlord’s operation of the Projectdelayed.
10.4 Any and all alterations or improvements to the Premises will become the property of Landlord upon termination of this Lease (except for movable equipment or furniture owned by Tenant). Landlord may, nonetheless, require Tenant to remove any and all fixtures, equipment and other alterations or improvements installed on the Premises and restore the Premises to Building Standard by the expiration or termination of this Lease. If Landlord so requires and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant will pay Landlord on demand (as additional rent) the cost of restoring the Premises to Building Standard. However, at the time that Tenant requests Landlord’s consent to specific alterations, Tenant may also request that Landlord notify Tenant whether Landlord will, upon expiration or termination of the Lease Term, require Tenant to remove the subject improvements. If Tenant so requests and if Landlord consents to the alterations, then Landlord will also notify Tenant whether Landlord will require removal of any such alterations or improvements at the expiration or termination of the Lease Term. At the expiration or termination of the Lease Term, Tenant will not be required to remove any such alterations or improvements if and to the extent that Landlord previously notified Tenant that removal of such alterations or improvements would not be required. The provisions of this Paragraph 10.4 will survive expiration or termination of this Lease. Landlord may require Tenant to remove wires, cables and telecommunications equipment pursuant to Paragraph 29. Tenant’s trade fixtures, furniture, equipment, and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. At any time, Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the installation or removal thereof. Tenant must remove Tenant’s Property upon expiration or termination of this Lease pursuant to Paragraph 9.2.
Appears in 1 contract
Repairs and Alterations by Tenant. 10.1 Subject (a) Notwithstanding anything contained herein to Paragraph 18the contrary, Landlord shall maintain the mechanical systems, including HVAC in good order and repair.
(b) Tenant willshall keep the Premises including the leasehold improvements and Tenant’s property, neat, clean and in good order and condition.
(c) Tenant shall, at Tenant’s Tenants own cost and expense, repair any damage done to the ProjectBuilding, or any part thereof, including replacement of damaged portions or items, caused by Tenant or Tenant’s agentsagent, employees, invitees, or visitors, and Tenant covenants and agrees to make all such repairs promptly and as may be required to restore the Project Building to as good a condition as an it was in prior to such damage. .
(d) All such work or repairs by Tenant must shall be effected in compliance with all applicable Regulationslaws; provided, however, if Tenant fails to make such repairs or replacements replacement promptly, Landlord may, after written notice to tenant, at its option, make repairs or replacements, and Tenant will shall pay (as additional rent) the cost thereof to the Landlord within 10 ten (10) days of Landlord’s demand therefortherefore, as additional rent. The provisions of this Paragraph 10.1 will survive expiration or termination of this Lease.
10.2 (e) Tenant will agrees with Landlord not place or install to make or allow to be placed made any alterations to the Premises, install any vending machines on the Premises, except for Tenant’s own use, or installed any place signs on or in the Premises which are visible from outside the Premises, without first obtaining the prior written consent of Landlord in each such instance, which consent may be given on such conditions as Landlord may elect.
10.3 Any alterations, additions or improvements made by or on behalf of Tenant to the Premises (“Tenant Alterations”) will be subject to Landlord’s prior written consent, which consent will not be unreasonably withheld or delayed. Landlord will not withheld.
(f) Tenant shall be deemed entitled to have unreasonably withheld its consent alter the Premises with landlords written approval of design to any Tenant Alterations if its consent is withheld because such Tenant Alterations: (i) are not consistent with allow for separate ingress and egress to and from the first-class nature or Premises apart from that provided through the architectural character common area of the Building; property.
(iig) could adversely affect the structure of the Building, the HVAC system or electrical, mechanical, plumbing or other lines or systems in the Building or the Building circuitry; (iii) could increase Landlord’s costs of operating Any and maintaining the Building unless Tenant pays all such costs; (iv) would violate the terms of any applicable zoning or building laws or ordinances; or (v) include the use of wall covering that is impermeable to humidity or vapor; the foregoing being merely examples of reasons for which Landlord may reasonably withhold its consent and will not be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the foregoing examples. However, with respect to alterations to the Premises comprised solely of cosmetic changes (such as painting and carpeting), or with respect to alterations to the Premises which do not consist solely of cosmetic changes but which cost $30,000 or less per project (for purposes of such determination, multiple alterations that are related will be grouped together) and which do not fall within any of the foregoing factors (i) through (v), Tenant will give Landlord prior written notice (only for such Tenant Alterations costing more than $5,000 (grouped as set forth above)) but need not obtain Landlord’s consent (such Tenant Alterations not requiring Landlord’s consent are referred to herein as “Minor Alterations”). Tenant will cause, at its expense, any Tenant Alterations to comply with applicable insurance requirements and with all applicable Regulations, and will construct at its expense any alteration or modification required by applicable Regulations as a result of any Tenant Alterations. All Tenant Alterations must be constructed in a good and workmanlike manner by contractors reasonably acceptable to Landlord and only good grades of materials may be used. Tenant may not install or cause to be installed in the Premises a wall covering that is impermeable to humidity or vapor. All plans and specifications for any Tenant Alterations requiring Landlord’s consent pursuant this Paragraph 10.3, and a copy of all required permits, must be submitted to Landlord for its approval before the work begins (which approval will not be unreasonably withheld or delayed). Landlord may monitor construction of the Tenant Alterations. Tenant will pay to Landlord as additional rent an amount equal to 3% of the total hard and soft costs of performing and constructing the Tenant Alterations to cover Landlord’s overhead expenses and to compensate Landlord for its services hereunder, and in addition Tenant will reimburse Landlord for Landlord’s reasonable actual out-of-pocket costs for third-party architectural or engineering (or both) review of Tenant’s plans and specifications for such Tenant Alterations; provided, however, that such 3% fee and such reimbursement obligation will not apply to Tenant Alterations comprised solely of Minor Alterations. Landlord’s right to review plans and specifications and to monitor construction will be solely for its own benefit, and Landlord will have no duty to see that such plans and specifications or construction comply with applicable laws, codes, rules and regulations or that such plans and specifications are adequate for Tenant’s use or purposes. Tenant will provide Landlord with the identities and mailing address of all persons performing work or supplying materials, prior to beginning such construction of Tenant Alterations for which Landlord’s consent is required pursuant to this Paragraph 10.3, and Landlord may post on and about the Premises notices of nonresponsibility pursuant to applicable law. Tenant will 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 personal injury and property damage during construction. Tenant will insure any such Tenant Alterations in accordance with Paragraph 17.1(a) (other than the Tenant Work, which shall be insured by Landlord pursuant to Paragraph 17.2). In connection with any Tenant Alterations, Tenant’s contractor must (and its contract must so provide):
(a) conduct its work in such a manner so as not to unreasonably interfere with Project operations, or any other construction occurring on or in the Project or in the Premises;
(b) execute a set of and comply with the Building’s then-current Tenant Contractor Rules and Regulations and comply with all additional rules and regulations relating to construction activities in or on the Project as may be reasonably promulgated from time to time and uniformly enforced by Landlord or its agents;
(c) deliver to Landlord detailed “as built” plans immediately after the alterations or improvements are complete, if requested by Landlord;
(d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work including, but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials and access to the Property; and
(e) perform its work in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and so as not to cause interference with the continuance of work to be performed or services to be rendered to the Project. Without limiting the foregoing, the following work, whether performed as a Tenant Alteration or as an initial leasehold improvements pursuant to the Work Letter (if any) attached hereto, must be performed (and in the event that Tenant engages for or causes the same to be performed, Tenant will cause its contractor to engage such work to be performed) only by subcontractors having collective bargaining agreements with unions affiliated with the Building and Construction Trades Department of the AFL-CIO as of January 1, 2001 (a list of such unions is attached hereto as Exhibit F): (i) any expansion to expand the size of the Premises beyond the size of the initial Premises hereunder, including any tenant improvements in connection with such expansion; (ii) major repairs or replacements of any supplemental heating, ventilation and air conditioning system, or (iii) installation, repair and replacement of any electric panel board and any entry service cables. For Tenant Alterations requiring Landlord’s consent, Landlord will have the right to approve Tenant’s contractor and all subcontractors to be used by Tenant’s contractor, which approval will not be unreasonably withheld or delayed. Tenant and its contractors are hereby prohibited from engaging any contractors or subcontractors that will or may cause labor disharmony. Upon completion of any Tenant Alterations requiring Landlord’s consent, Tenant will deliver to Landlord sworn statements setting forth the names of all contractors, subcontractors and material suppliers who did work on or supplied materials for the Tenant Alterations, and final, unconditional lien waivers from all such contractors, subcontractors and material suppliers in the form required by applicable law. Tenant will have no right to make any repairs, alterations or improvements to, within or on any of the Common Areas. Within ten (10) days following completion of any Tenant Alterations (but not for Minor Alterations), Tenant will cause a Notice of Completion to be recorded in the office of the Recorder of the County in which the Property is located in accordance with Section 3093 of the California Civil Code or any successor statute and furnish a copy thereof to Landlord upon recordation, and Tenant shall timely give all notices required pursuant to Section 3259.5 of the California Civil Code or any successor statute, failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as Tenant’s agent for such purpose. Landlord reserves the right to require that Tenant terminate its contract with Tenant’s contractor if such contractor is engaged in a labor dispute which disrupts such contractor’s work, the work of any other contractor at the Project or the operation of the Project. Landlord will also have the right to order any contractor of Tenant who violates any of Landlord’s requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Project. Tenant agrees that its contractors will not conduct their work in such manner so as to interfere with or cause any interruption of (i) Landlord’s construction, (ii) another tenant’s occupancy or construction, or (iii) other phases of Landlord’s operation of the Project.
10.4 Any and all alterations or improvements to the Premises will become the property of Landlord upon termination of this Lease (except for movable equipment or furniture owned by Tenant). Landlord may, nonethelessif requested upon their initial installation, require Tenant to remove any and all fixtures, equipment and other alterations or improvements installed on the Premises as Landlord may require and restore the Premises to Building Standard by the expiration or termination of this Lease. If Landlord so requires and if Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant will shall pay Landlord on demand (as additional rent) the cost of restoring the Premises to Building Standard. However, at the time that Tenant requests Landlord’s consent its condition prior to specific alterations, Tenant may also request that Landlord notify Tenant whether Landlord will, upon expiration or termination of the Lease Term, require Tenant to remove the subject improvements. If Tenant so requests and if Landlord consents to the alterations, then Landlord will also notify Tenant whether Landlord will require removal of any such alterations or improvements at the expiration or termination of the Lease Term. At the expiration or termination of the Lease Term, Tenant will not be required to remove any such alterations or improvements if and to the extent that Landlord previously notified Tenant that removal of such alterations or improvements would not be required. The provisions of this Paragraph 10.4 will survive expiration or termination of this Lease. Landlord may require Tenant to remove wires, cables and telecommunications equipment pursuant to Paragraph 29. Tenant’s trade fixtures, furniture, equipment, and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. At any time, Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the installation or removal thereof. Tenant must remove Tenant’s Property upon expiration or termination of this Lease pursuant to Paragraph 9.2alternations.
Appears in 1 contract
Repairs and Alterations by Tenant. 10.1 Subject A. Except to Paragraph 18the extent such obligations are imposed upon Landlord hereunder, Tenant willshall, at Tenant’s own its sole cost and expense, maintain the Premises in good order, condition and repair any damage done throughout the entire Lease Term, ordinary wear and tear and casualty loss excepted:(i) the nonstructural portions of the Premises (including all Tenant Improvements, Alterations and fixtures); and (ii) all systems and equipment that serve only the Premises. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall be responsible for all repairs replacements and alterations in and to the ProjectPremises, Building and Property, the need for which arises out of (1) Tenant’s or any part thereof, including replacement of damaged portions or items, caused by Tenant or Tenant’s agents, contractors, employees, inviteesrepresentatives, licensees, permittees or customers (collectively “Tenant Parties” and individually a “Tenant Party”) use or occupancy of the Premises, (2) the installation, removal, use or operation of Tenant’s Property (as defined in Section 8. above), (3) the moving of Tenant’s Property into or out of the Building, or visitors(4) the act, and omission, misuse or negligence of Tenant, or any Tenant covenants and agrees to make all such repairs as may be required to restore the Project to as good a condition as it was in prior to such damageParty. All such work repairs, replacements or repairs by Tenant must alterations shall be effected performed in compliance accordance with all applicable Regulations; provided, however, if Section 10.B. below. If Tenant fails to make maintain the Premises in good order, condition and repair (ordinary wear and tear and casualty loss excepted), Landlord shall give Tenant notice to perform such repairs or replacements promptlyacts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work and diligently pursue it to its completion, then Landlord may, at its is option, make repairs or replacementssuch repairs, and Tenant will shall pay to Landlord within thirty (30) days after demand therefor as additional rentAdditional Rent the actual cost of such repairs, together with an administration charge in an amount equal to ten percent (10%) of the cost thereof to the Landlord within 10 days of Landlord’s demand therefor, as additional rent. The provisions of this Paragraph 10.1 will survive expiration or termination of this Leasesuch repairs.
10.2 B. Tenant will shall not place or install make or allow to be placed made any alterations, additions or installed any signs on or in the Premises which are visible from outside improvements to the Premises, whether structural or otherwise, without first obtaining the prior written consent of Landlord in each such instance, which consent may be refused or given on such conditions as Landlord may elect.
10.3 Any alterations. Prior to commencing any such work and as a condition to obtaining Landlord’s consent, additions or improvements made by or on behalf of Tenant to the Premises (“Tenant Alterations”) will be subject must furnish Landlord with plans and specifications acceptable to Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s prior written consent, which consent will not be unreasonably withheld or delayedand subcontractor’s insurance in accordance with Section 15. Landlord will not be deemed to have unreasonably withheld its consent to any Tenant Alterations if its consent is withheld because such Tenant Alterations: (i) are not consistent with the first-class nature or the architectural character of the Buildinghereof; (ii) could adversely affect the structure of the Building, the HVAC system or electrical, mechanical, plumbing and a payment bond or other lines or systems security, all in the Building or the Building circuitry; (iii) could increase form and amount satisfactory to Landlord’s costs of operating and maintaining the Building unless . Tenant pays shall be responsible for insuring that all such costs; (iv) would violate the terms of any applicable zoning or building laws or ordinances; or (v) include the use of wall covering that is impermeable to humidity or vapor; the foregoing being merely examples of reasons for which persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably withhold its consent require, including, but not limited to, Builder’s Risk and will not be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the foregoing examples. However, with respect to alterations to the Premises comprised solely of cosmetic changes (such as painting and carpeting), or with respect to alterations to the Premises which do not consist solely of cosmetic changes but which cost $30,000 or less per project (for purposes of such determination, multiple alterations that are related will be grouped together) and which do not fall within any of the foregoing factors (i) through (v), Tenant will give Landlord prior written notice (only for such Tenant Alterations costing more than $5,000 (grouped as set forth above)) but need not obtain LandlordWorker’s consent (such Tenant Alterations not requiring Landlord’s consent are referred to herein as “Minor Alterations”). Tenant will cause, at its expense, any Tenant Alterations to comply with applicable insurance requirements and with all applicable Regulations, and will construct at its expense any alteration or modification required by applicable Regulations as a result of any Tenant AlterationsCompensation insurance. All Tenant Alterations must such improvements, alterations or additions shall be constructed in a good and workmanlike manner by contractors using Building Standard materials or other new materials of equal or greater quantity. Landlord, to the extent reasonably acceptable necessary to Landlord avoid any disruption to the tenants and only good grades occupants of materials the Building, shall have the right to designate the time when any such alterations, additions and improvements may be usedperformed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion, Tenant shall furnish “as-built” plans, contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All improvements, alterations and additions shall comply with the insurance requirements, codes, ordinances, laws and regulations, including without limitation, the Americans with Disabilities Act. Tenant may not install or cause to be installed in shall reimburse Landlord upon demand for all sums, if any, expended by Landlord for third party examination of the Premises a wall covering that is impermeable to humidity or vapor. All architectural, mechanical, electrical and plumbing plans and specifications for any Tenant Alterations requiring Landlord’s consent pursuant this Paragraph 10.3alterations, and a copy of all required permitsadditions or improvements. In addition, must if Landlord so requests, Landlord shall be submitted entitled to Landlord for its approval before oversee the work begins (which approval will not be unreasonably withheld or delayed). Landlord may monitor construction of any alterations, additions or improvements that may affect the Tenant Alterationsstructure of the Building or any of the mechanical, electrical, plumbing or life safety systems of the Building. Tenant will pay In the event Landlord elects to oversee such work, Landlord as additional rent shall be entitled to receive a fee for such oversight in an amount equal to 3% ten percent (10%) of the total hard and soft costs cost of performing and constructing the Tenant Alterations to cover such alterations, additions or improvements. Landlord’s overhead expenses and to compensate Landlord for its services hereunder, and in addition Tenant will reimburse Landlord for Landlord’s reasonable actual out-of-pocket costs for third-party architectural or engineering (or both) review approval of Tenant’s plans and specifications for such any work performed for or on behalf of Tenant Alterations; provided, however, that such 3% fee and such reimbursement obligation will shall not apply be deemed to Tenant Alterations comprised solely of Minor Alterations. Landlord’s right to review plans and specifications and to monitor construction will be solely for its own benefit, and representation by Landlord will have no duty to see that such plans and specifications or construction comply with applicable lawsinsurance requirements, building codes, rules and ordinances, laws or regulations or that the alterations, additions and improvements constructed in accordance with such plans and specifications are will be adequate for Tenant’s use or purposes. Tenant will provide Landlord with the identities and mailing address of all persons performing work or supplying materials, prior to beginning such construction of Tenant Alterations for which Landlord’s consent is required pursuant to this Paragraph 10.3, and Landlord may post on and about the Premises notices of nonresponsibility pursuant to applicable law. Tenant will 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 personal injury and property damage during construction. Tenant will insure any such Tenant Alterations in accordance with Paragraph 17.1(a) (other than the Tenant Work, which shall be insured by Landlord pursuant to Paragraph 17.2). In connection with any Tenant Alterations, Tenant’s contractor must (and its contract must so provide):
(a) conduct its work in such a manner so as not to unreasonably interfere with Project operations, or any other construction occurring on or in the Project or in the Premises;
(b) execute a set of and comply with the Building’s then-current Tenant Contractor Rules and Regulations and comply with all additional rules and regulations relating to construction activities in or on the Project as may be reasonably promulgated from time to time and uniformly enforced by Landlord or its agents;
(c) deliver to Landlord detailed “as built” plans immediately after the alterations or improvements are complete, if requested by Landlord;
(d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work including, but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials and access to the Property; and
(e) perform its work in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and so as not to cause interference with the continuance of work to be performed or services to be rendered to the Project. Without limiting the foregoing, the following work, whether performed as a Tenant Alteration or as an initial leasehold improvements pursuant to the Work Letter (if any) attached hereto, must be performed (and in the event that Tenant engages for or causes the same to be performed, Tenant will cause its contractor to engage such work to be performed) only by subcontractors having collective bargaining agreements with unions affiliated with the Building and Construction Trades Department of the AFL-CIO as of January 1, 2001 (a list of such unions is attached hereto as Exhibit F): (i) any expansion to expand the size of the Premises beyond the size of the initial Premises hereunder, including any tenant improvements in connection with such expansion; (ii) major repairs or replacements of any supplemental heating, ventilation and air conditioning system, or (iii) installation, repair and replacement of any electric panel board and any entry service cables. For Tenant Alterations requiring Landlord’s consent, Landlord will have the right to approve Tenant’s contractor and all subcontractors to be used by Tenant’s contractor, which approval will not be unreasonably withheld or delayed. Tenant and its contractors are hereby prohibited from engaging any contractors or subcontractors that will or may cause labor disharmony. Upon completion of any Tenant Alterations requiring Landlord’s consent, Tenant will deliver to Landlord sworn statements setting forth the names of all contractors, subcontractors and material suppliers who did work on or supplied materials for the Tenant Alterations, and final, unconditional lien waivers from all such contractors, subcontractors and material suppliers in the form required by applicable law. Tenant will have no right to make any repairs, alterations or improvements to, within or on any of the Common Areas. Within ten (10) days following completion of any Tenant Alterations (but not for Minor Alterations), Tenant will cause a Notice of Completion to be recorded in the office of the Recorder of the County in which the Property is located in accordance with Section 3093 of the California Civil Code or any successor statute and furnish a copy thereof to Landlord upon recordation, and Tenant shall timely give all notices required pursuant to Section 3259.5 of the California Civil Code or any successor statute, failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as Tenant’s agent for such purpose. Landlord reserves the right to require that Tenant terminate its contract with Tenant’s contractor if such contractor is engaged in a labor dispute which disrupts such contractor’s work, the work of any other contractor at the Project or the operation of the Project. Landlord will also have the right to order any contractor of Tenant who violates any of Landlord’s requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Project. Tenant agrees that its contractors will not conduct their work in such manner so as to interfere with or cause any interruption of (i) Landlord’s construction, (ii) another tenant’s occupancy or construction, or (iii) other phases of Landlord’s operation of the Projectuse.
10.4 Any and all alterations or improvements to the Premises will become the property of Landlord upon termination of this Lease (except for movable equipment or furniture owned by Tenant). Landlord may, nonetheless, require Tenant to remove any and all fixtures, equipment and other alterations or improvements installed on the Premises and restore the Premises to Building Standard by the expiration or termination of this Lease. If Landlord so requires and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant will pay Landlord on demand (as additional rent) the cost of restoring the Premises to Building Standard. However, at the time that Tenant requests Landlord’s consent to specific alterations, Tenant may also request that Landlord notify Tenant whether Landlord will, upon expiration or termination of the Lease Term, require Tenant to remove the subject improvements. If Tenant so requests and if Landlord consents to the alterations, then Landlord will also notify Tenant whether Landlord will require removal of any such alterations or improvements at the expiration or termination of the Lease Term. At the expiration or termination of the Lease Term, Tenant will not be required to remove any such alterations or improvements if and to the extent that Landlord previously notified Tenant that removal of such alterations or improvements would not be required. The provisions of this Paragraph 10.4 will survive expiration or termination of this Lease. Landlord may require Tenant to remove wires, cables and telecommunications equipment pursuant to Paragraph 29. Tenant’s trade fixtures, furniture, equipment, and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. At any time, Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the installation or removal thereof. Tenant must remove Tenant’s Property upon expiration or termination of this Lease pursuant to Paragraph 9.2.
Appears in 1 contract
Sources: Office Lease Agreement (Outdoor Channel Holdings Inc)
Repairs and Alterations by Tenant. 10.1 Subject A. Without limiting the generality of Section VII.B, above, Landlord shall diligently maintain and repair all aspects of the Premises which are structural or which relate to Paragraph 18the Building systems, including without limitation the separate HVAC system for Tenant's computer area(s) and drug room, provided that, except with regard to the separate HVAC system, Tenant willshall be responsible for any plumbing, at Tenant’s own cost electrical and expense, repair any damage done other systems to the Projectextent that they are located within the Premises and serve Tenant exclusively, e.g. any separate sink or shower installed in the Premises. Notwithstanding the foregoing, Landlord hereby represent and warrants that the separate sink and shower currently located on the Premises are in good working order and condition and, in addition, Landlord agrees that it will be responsible for making any part thereof, including replacement repairs to such sink and shower during the first ninety (90) days of damaged portions or items, caused by the Lease Term. Tenant or Tenant’s agents, employees, invitees, or visitorsshall keep the interior of the Premises in good condition, and Tenant covenants shall diligently maintain and agrees to make repair all nonstructural aspects of the Premises not included in Landlord's obligations, above. Any such repairs as may be required to by either party shall restore the Project Premises to as good a condition as it was in prior to such damagethe occurrence of the applicable damage or other problem. All such work or repairs by Tenant must be effected in compliance with all applicable Regulations; provided, however, if If Tenant fails to make any repair which is Tenant's responsibility with reasonable diligence, and in the event that such repairs failure impairs the use or replacements promptlyenjoyment of the Building by any other tenant, and if such repair remains incomplete on the 20th day following written notice to Tenant that Tenant has failed to exercise reasonable diligence (or a shorter period in the case of an emergency repair, or longer to the extent that Tenant is then proceeding diligently and diligent completion takes more than 20 days), then Landlord may, at its option, make repairs or replacements, perform such repair itself and Tenant will shall pay (as additional rent) the cost thereof to the Landlord within 10 days of Landlord’s on demand therefor, as additional rent. The provisions of this Paragraph 10.1 will survive expiration or termination of this LeaseRent.
10.2 B. Tenant will shall not place or install make or allow to be placed made any alterations, additions or installed improvements to the Premises, nor install any sates or other heavy property or equipment within the Premises, nor place signs or window coverings on or in the Premises which are visible from outside the Premises, without first obtaining the prior written consent of Landlord in each such instance, which provided that Tenant may install vending machines for the sale of candy, food, beverages or other goods, for the sole and exclusive use of Tenant's employees and visitors, in locations within the Premises able to bear the weight of such machines. Notwithstanding the foregoing, Landlord's consent may shall not be given on required for any alteration, addition or improvement that satisfies all of the following criteria: 1) costs less than $5,000.00, 2) is of a cosmetic nature such conditions as painting, wallpapering, hanging pictures and installing carpeting, 3) Is not visible from the exterior of the Premises or Building, and 4) will not affect the systems or structure of the Building and does not require work to be performed inside the walls or above the ceiling of the Premises; provided that even if consent is not required, Tenant shall still comply with all the other provisions of this Section X.B. Prior to commencing any such work, Tenant must furnish Landlord may elect.
10.3 Any with plans and specifications; names and addresses of contractors; copies of contracts; necessary permits; evidence of contractor's and subcontractor's insurance in accordance with section XVI.B. hereof; and all such improvements, alterations or additions shall be installed in a good workmanlike manner using new materials. Upon completion, Tenant shall furnish marked-up plans showing all changes from the plans originally approved by Landlord, contractor's affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All improvements, alterations and additions shall comply with all insurance requirements, codes, ordinances, laws and regulations, including without limitation, the Americans with Disabilities Act. Tenant shall reimburse Landlord upon demand as additional Rent for all reasonable sums expended by Landlord for examination of the architectural, mechanical, electric and plumbing plans for any alterations, additions or improvements made and for the costs of repairing any damage done to the Building caused by Tenant or Tenant's agents, servants, employees, customers, licensees, or invitees in connection with such work. If Landlord so requests, Tenant shall permit Landlord to supervise construction operations, to the extent that they affect the Building structure or systems or the premises of any other tenant but no such supervision shall impose any liability upon Landlord. In the event Landlord supervises such construction, Landlord shall be entitled to a supervisory fee in an amount not to exceed the lesser of (1) five percent (5%) of the cost of the aspect of such work which affects the Building structure or systems or the premises of any other tenant, or (2) $40.00 per hour. Landlord's approval of Tenant's plans and specifications or supervision of any work performed for or on behalf of Tenant to the Premises (“Tenant Alterations”) will be subject to Landlord’s prior written consent, which consent will not be unreasonably withheld or delayed. Landlord will shall not be deemed to have unreasonably withheld its consent to any Tenant Alterations if its consent is withheld because such Tenant Alterations: (i) are not consistent with the first-class nature or the architectural character of the Building; (ii) could adversely affect the structure of the Building, the HVAC system or electrical, mechanical, plumbing or other lines or systems in the Building or the Building circuitry; (iii) could increase Landlord’s costs of operating and maintaining the Building unless Tenant pays all such costs; (iv) would violate the terms of any applicable zoning or building laws or ordinances; or (v) include the use of wall covering that is impermeable to humidity or vapor; the foregoing being merely examples of reasons for which be a representation by Landlord may reasonably withhold its consent and will not be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the foregoing examples. However, with respect to alterations to the Premises comprised solely of cosmetic changes (such as painting and carpeting), or with respect to alterations to the Premises which do not consist solely of cosmetic changes but which cost $30,000 or less per project (for purposes of such determination, multiple alterations that are related will be grouped together) and which do not fall within any of the foregoing factors (i) through (v), Tenant will give Landlord prior written notice (only for such Tenant Alterations costing more than $5,000 (grouped as set forth above)) but need not obtain Landlord’s consent (such Tenant Alterations not requiring Landlord’s consent are referred to herein as “Minor Alterations”). Tenant will cause, at its expense, any Tenant Alterations to comply with applicable insurance requirements and with all applicable Regulations, and will construct at its expense any alteration or modification required by applicable Regulations as a result of any Tenant Alterations. All Tenant Alterations must be constructed in a good and workmanlike manner by contractors reasonably acceptable to Landlord and only good grades of materials may be used. Tenant may not install or cause to be installed in the Premises a wall covering that is impermeable to humidity or vapor. All plans and specifications for any Tenant Alterations requiring Landlord’s consent pursuant this Paragraph 10.3, and a copy of all required permits, must be submitted to Landlord for its approval before the work begins (which approval will not be unreasonably withheld or delayed). Landlord may monitor construction of the Tenant Alterations. Tenant will pay to Landlord as additional rent an amount equal to 3% of the total hard and soft costs of performing and constructing the Tenant Alterations to cover Landlord’s overhead expenses and to compensate Landlord for its services hereunder, and in addition Tenant will reimburse Landlord for Landlord’s reasonable actual out-of-pocket costs for third-party architectural or engineering (or both) review of Tenant’s plans and specifications for such Tenant Alterations; provided, however, that such 3% fee and such reimbursement obligation will not apply to Tenant Alterations comprised solely of Minor Alterations. Landlord’s right to review plans and specifications and to monitor construction will be solely for its own benefit, and Landlord will have no duty to see that such plans and specifications or construction comply with applicable lawsInsurance requirements, building codes, rules and regulations ordinances. laws or that such plans and specifications are adequate for Tenant’s use or purposes. Tenant will provide Landlord with the identities and mailing address of all persons performing work or supplying materials, prior to beginning such construction of Tenant Alterations for which Landlord’s consent is required pursuant to this Paragraph 10.3, and Landlord may post on and about the Premises notices of nonresponsibility pursuant to applicable law. Tenant will 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 personal injury and property damage during construction. Tenant will insure any such Tenant Alterations in accordance with Paragraph 17.1(a) (other than the Tenant Work, which shall be insured by Landlord pursuant to Paragraph 17.2). In connection with any Tenant Alterations, Tenant’s contractor must (and its contract must so provide):
(a) conduct its work in such a manner so as not to unreasonably interfere with Project operations, or any other construction occurring on or in the Project or in the Premises;
(b) execute a set of and comply with the Building’s then-current Tenant Contractor Rules and Regulations and comply with all additional rules and regulations relating to construction activities in or on the Project as may be reasonably promulgated from time to time and uniformly enforced by Landlord or its agents;
(c) deliver to Landlord detailed “as built” plans immediately after the alterations or improvements are complete, if requested by Landlord;
(d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work including, but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials and access to the Property; and
(e) perform its work in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and so as not to cause interference with the continuance of work to be performed or services to be rendered to the Project. Without limiting the foregoing, the following work, whether performed as a Tenant Alteration or as an initial leasehold improvements pursuant to the Work Letter (if any) attached hereto, must be performed (and in the event that Tenant engages for or causes the same to be performed, Tenant will cause its contractor to engage such work to be performed) only by subcontractors having collective bargaining agreements with unions affiliated with the Building and Construction Trades Department of the AFL-CIO as of January 1, 2001 (a list of such unions is attached hereto as Exhibit F): (i) any expansion to expand the size of the Premises beyond the size of the initial Premises hereunder, including any tenant improvements in connection with such expansion; (ii) major repairs or replacements of any supplemental heating, ventilation and air conditioning system, or (iii) installation, repair and replacement of any electric panel board and any entry service cables. For Tenant Alterations requiring Landlord’s consent, Landlord will have the right to approve Tenant’s contractor and all subcontractors to be used by Tenant’s contractor, which approval will not be unreasonably withheld or delayed. Tenant and its contractors are hereby prohibited from engaging any contractors or subcontractors that will or may cause labor disharmony. Upon completion of any Tenant Alterations requiring Landlord’s consent, Tenant will deliver to Landlord sworn statements setting forth the names of all contractors, subcontractors and material suppliers who did work on or supplied materials for the Tenant Alterations, and final, unconditional lien waivers from all such contractors, subcontractors and material suppliers in the form required by applicable law. Tenant will have no right to make any repairs, alterations or improvements to, within or on any of the Common Areas. Within ten (10) days following completion of any Tenant Alterations (but not for Minor Alterations), Tenant will cause a Notice of Completion to be recorded in the office of the Recorder of the County in which the Property is located in accordance with Section 3093 of the California Civil Code or any successor statute and furnish a copy thereof to Landlord upon recordation, and Tenant shall timely give all notices required pursuant to Section 3259.5 of the California Civil Code or any successor statute, failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as Tenant’s agent for such purpose. Landlord reserves the right to require that Tenant terminate its contract with Tenant’s contractor if such contractor is engaged in a labor dispute which disrupts such contractor’s work, the work of any other contractor at the Project or the operation of the Project. Landlord will also have the right to order any contractor of Tenant who violates any of Landlord’s requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Project. Tenant agrees that its contractors will not conduct their work in such manner so as to interfere with or cause any interruption of (i) Landlord’s construction, (ii) another tenant’s occupancy or construction, or (iii) other phases of Landlord’s operation of the Projectregulations.
10.4 Any and all alterations or improvements to the Premises will become the property of Landlord upon termination of this Lease (except for movable equipment or furniture owned by Tenant). Landlord may, nonetheless, require Tenant to remove any and all fixtures, equipment and other alterations or improvements installed on the Premises and restore the Premises to Building Standard by the expiration or termination of this Lease. If Landlord so requires and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant will pay Landlord on demand (as additional rent) the cost of restoring the Premises to Building Standard. However, at the time that Tenant requests Landlord’s consent to specific alterations, Tenant may also request that Landlord notify Tenant whether Landlord will, upon expiration or termination of the Lease Term, require Tenant to remove the subject improvements. If Tenant so requests and if Landlord consents to the alterations, then Landlord will also notify Tenant whether Landlord will require removal of any such alterations or improvements at the expiration or termination of the Lease Term. At the expiration or termination of the Lease Term, Tenant will not be required to remove any such alterations or improvements if and to the extent that Landlord previously notified Tenant that removal of such alterations or improvements would not be required. The provisions of this Paragraph 10.4 will survive expiration or termination of this Lease. Landlord may require Tenant to remove wires, cables and telecommunications equipment pursuant to Paragraph 29. Tenant’s trade fixtures, furniture, equipment, and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. At any time, Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the installation or removal thereof. Tenant must remove Tenant’s Property upon expiration or termination of this Lease pursuant to Paragraph 9.2.
Appears in 1 contract
Sources: Office Lease (Phoenix International Life Sciences Inc)
Repairs and Alterations by Tenant. 10.1 Subject A. Except to Paragraph 18the extent such obligations are imposed upon Landlord hereunder, Tenant willshall, at Tenant’s own its sole cost and expense, maintain the Premises in good order, condition and repair any damage done throughout the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall be responsible for all repairs replacements and alterations in and to the ProjectPremises, Building and Property and the facilities and systems thereof, the need for which arises out of (1) Tenant's use or occupancy of the Premises, (2) the installation, removal, use or operation of Tenant's Property (as defined in Section 8. above), (3) the moving of Tenant's Property into or out of the Building, or any part thereof(4) the act, including replacement omission, misuse or negligence of damaged portions or itemsTenant, caused by Tenant or Tenant’s its agents, employeescontractors, employees or invitees. Tenant shall be responsible for repair, or visitorsmaintenance and replacement, if necessary, of the HVAC system and Tenant covenants and agrees to make all such repairs as may be required to restore equipment serving the Project to as good a condition as it was in prior to such damagePremises. All such repairs, replacements or alterations shall be performed in accordance with Section 10.B. below and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work or repairs by Tenant must be effected in compliance with all applicable Regulations; provided, however, if the Building. If Tenant fails to make maintain the Premises in good order, condition and repair, Landlord shall give Tenant notice to perform such repairs or replacements promptlyacts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work and diligently pursue it to its completion, then Landlord may, at its is option, make repairs or replacementssuch repairs, and Tenant will shall pay (as additional rent) the cost thereof to Landlord on demand as Additional Rent, together with an administration charge in an amount equal to ten percent (10%) of the cost of such repairs. Landlord within 10 days shall, at its expense (except as included in Basic Costs) keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon:
(a) all structural elements of Landlord’s demand thereforthe Building; and (b) all mechanical, as additional rent. The provisions of this Paragraph 10.1 will survive expiration or termination of this Leaseelectrical and plumbing systems that serve the Building in general; and (c) the Building facilities common to all tenants including but not limited to, the ceilings, walls and floors in the Common Areas.
10.2 B. Tenant will shall not place or install make or allow to be placed made any alterations, additions or installed any signs on or in the Premises which are visible from outside improvements to the Premises, without first obtaining the prior written consent of Landlord in each such instance, which consent may be refused or given on such conditions as Landlord may elect.
10.3 Any alterations. Prior to commencing any such work and as a condition to obtaining Landlord's consent, additions or improvements made by or on behalf of Tenant to the Premises (“Tenant Alterations”) will be subject must furnish Landlord with plans and specifications acceptable to Landlord’s prior written consent, which consent will not be unreasonably withheld or delayed; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor's and subcontractor's insurance in accordance with Section 15. Landlord will not be deemed to have unreasonably withheld its consent to any Tenant Alterations if its consent is withheld because such Tenant Alterations: (i) are not consistent with the first-class nature or the architectural character of the Buildinghereof; (ii) could adversely affect the structure of the Building, the HVAC system or electrical, mechanical, plumbing and a payment bond or other lines or systems security, all in the Building or the Building circuitry; (iii) could increase form and amount satisfactory to Landlord’s costs of operating and maintaining the Building unless . Tenant pays shall be responsible for insuring that all such costs; (iv) would violate the terms of any applicable zoning or building laws or ordinances; or (v) include the use of wall covering that is impermeable to humidity or vapor; the foregoing being merely examples of reasons for which persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably withhold its consent require, including, but not limited to, Builder's Risk and will not be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the foregoing examples. However, with respect to alterations to the Premises comprised solely of cosmetic changes (such as painting and carpeting), or with respect to alterations to the Premises which do not consist solely of cosmetic changes but which cost $30,000 or less per project (for purposes of such determination, multiple alterations that are related will be grouped together) and which do not fall within any of the foregoing factors (i) through (v), Tenant will give Landlord prior written notice (only for such Tenant Alterations costing more than $5,000 (grouped as set forth above)) but need not obtain Landlord’s consent (such Tenant Alterations not requiring Landlord’s consent are referred to herein as “Minor Alterations”). Tenant will cause, at its expense, any Tenant Alterations to comply with applicable insurance requirements and with all applicable Regulations, and will construct at its expense any alteration or modification required by applicable Regulations as a result of any Tenant AlterationsWorker's Compensation insurance. All Tenant Alterations must such improvements, alterations or additions shall be constructed in a good and workmanlike manner by contractors using Building Standard materials or other new materials of equal or greater quantity. Landlord, to the extent reasonably acceptable necessary to Landlord avoid any disruption to the tenants and only good grades occupants of materials the Building, shall have the right to designate the time when any such alterations, additions and improvements may be usedperformed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion, Tenant shall furnish "as-built" plans, contractor's affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All improvements, alterations and additions shall comply with the insurance requirements, codes, ordinances, laws and regulations, including without limitation, the Americans with Disabilities Act. Tenant shall reimburse Landlord upon demand for all sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any alterations, additions or improvements. In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any alterations, additions or improvements that may not install affect the structure of the Building or cause any of the mechanical, electrical, plumbing or life safety systems of the Building. In the event Landlord elects to oversee such work, Landlord shall be installed entitled to receive a fee for such oversight in an amount equal to ten percent (10%) of the Premises a wall covering that is impermeable to humidity cost of such alterations, additions or vaporimprovements. All Landlord's approval of Tenant's plans and specifications for any work performed for or on behalf of Tenant Alterations requiring Landlord’s consent pursuant this Paragraph 10.3, and a copy of all required permits, must be submitted to Landlord for its approval before the work begins (which approval will shall not be unreasonably withheld or delayed). deemed to be representation by Landlord may monitor construction of the Tenant Alterations. Tenant will pay to Landlord as additional rent an amount equal to 3% of the total hard and soft costs of performing and constructing the Tenant Alterations to cover Landlord’s overhead expenses and to compensate Landlord for its services hereunder, and in addition Tenant will reimburse Landlord for Landlord’s reasonable actual out-of-pocket costs for third-party architectural or engineering (or both) review of Tenant’s plans and specifications for such Tenant Alterations; provided, however, that such 3% fee and such reimbursement obligation will not apply to Tenant Alterations comprised solely of Minor Alterations. Landlord’s right to review plans and specifications and to monitor construction will be solely for its own benefit, and Landlord will have no duty to see that such plans and specifications or construction comply with applicable lawsinsurance requirements, building codes, rules and ordinances, laws or regulations or that the alterations, additions and improvements constructed in accordance with such plans and specifications are will be adequate for Tenant’s use or purposes. Tenant will provide Landlord with the identities and mailing address of all persons performing work or supplying materials, prior to beginning such construction of Tenant Alterations for which Landlord’s consent is required pursuant to this Paragraph 10.3, and Landlord may post on and about the Premises notices of nonresponsibility pursuant to applicable law. Tenant will 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 personal injury and property damage during construction. Tenant will insure any such Tenant Alterations in accordance with Paragraph 17.1(a) (other than the Tenant Work, which shall be insured by Landlord pursuant to Paragraph 17.2). In connection with any Tenant Alterations, Tenant’s contractor must (and its contract must so provide):
(a) conduct its work in such a manner so as not to unreasonably interfere with Project operations, or any other construction occurring on or in the Project or in the Premises;
(b) execute a set of and comply with the Building’s then-current Tenant Contractor Rules and Regulations and comply with all additional rules and regulations relating to construction activities in or on the Project as may be reasonably promulgated from time to time and uniformly enforced by Landlord or its agents;
(c) deliver to Landlord detailed “as built” plans immediately after the alterations or improvements are complete, if requested by Landlord;
(d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work including, but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials and access to the Property; and
(e) perform its work in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and so as not to cause interference with the continuance of work to be performed or services to be rendered to the Project. Without limiting the foregoing, the following work, whether performed as a Tenant Alteration or as an initial leasehold improvements pursuant to the Work Letter (if any) attached hereto, must be performed (and in the event that Tenant engages for or causes the same to be performed, Tenant will cause its contractor to engage such work to be performed) only by subcontractors having collective bargaining agreements with unions affiliated with the Building and Construction Trades Department of the AFL-CIO as of January 1, 2001 (a list of such unions is attached hereto as Exhibit F): (i) any expansion to expand the size of the Premises beyond the size of the initial Premises hereunder, including any tenant improvements in connection with such expansion; (ii) major repairs or replacements of any supplemental heating, ventilation and air conditioning system, or (iii) installation, repair and replacement of any electric panel board and any entry service cables. For Tenant Alterations requiring Landlord’s consent, Landlord will have the right to approve Tenant’s contractor and all subcontractors to be used by Tenant’s contractor, which approval will not be unreasonably withheld or delayed. Tenant and its contractors are hereby prohibited from engaging any contractors or subcontractors that will or may cause labor disharmony. Upon completion of any Tenant Alterations requiring Landlord’s consent, Tenant will deliver to Landlord sworn statements setting forth the names of all contractors, subcontractors and material suppliers who did work on or supplied materials for the Tenant Alterations, and final, unconditional lien waivers from all such contractors, subcontractors and material suppliers in the form required by applicable law. Tenant will have no right to make any repairs, alterations or improvements to, within or on any of the Common Areas. Within ten (10) days following completion of any Tenant Alterations (but not for Minor Alterations), Tenant will cause a Notice of Completion to be recorded in the office of the Recorder of the County in which the Property is located in accordance with Section 3093 of the California Civil Code or any successor statute and furnish a copy thereof to Landlord upon recordation, and Tenant shall timely give all notices required pursuant to Section 3259.5 of the California Civil Code or any successor statute, failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as Tenant’s agent for such purpose. Landlord reserves the right to require that Tenant terminate its contract with Tenant’s contractor if such contractor is engaged in a labor dispute which disrupts such contractor’s work, the work of any other contractor at the Project or the operation of the Project. Landlord will also have the right to order any contractor of Tenant who violates any of Landlord’s requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Project. Tenant agrees that its contractors will not conduct their work in such manner so as to interfere with or cause any interruption of (i) Landlord’s construction, (ii) another tenant’s occupancy or construction, or (iii) other phases of Landlord’s operation of the Project's use.
10.4 Any and all alterations or improvements to the Premises will become the property of Landlord upon termination of this Lease (except for movable equipment or furniture owned by Tenant). Landlord may, nonetheless, require Tenant to remove any and all fixtures, equipment and other alterations or improvements installed on the Premises and restore the Premises to Building Standard by the expiration or termination of this Lease. If Landlord so requires and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant will pay Landlord on demand (as additional rent) the cost of restoring the Premises to Building Standard. However, at the time that Tenant requests Landlord’s consent to specific alterations, Tenant may also request that Landlord notify Tenant whether Landlord will, upon expiration or termination of the Lease Term, require Tenant to remove the subject improvements. If Tenant so requests and if Landlord consents to the alterations, then Landlord will also notify Tenant whether Landlord will require removal of any such alterations or improvements at the expiration or termination of the Lease Term. At the expiration or termination of the Lease Term, Tenant will not be required to remove any such alterations or improvements if and to the extent that Landlord previously notified Tenant that removal of such alterations or improvements would not be required. The provisions of this Paragraph 10.4 will survive expiration or termination of this Lease. Landlord may require Tenant to remove wires, cables and telecommunications equipment pursuant to Paragraph 29. Tenant’s trade fixtures, furniture, equipment, and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. At any time, Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the installation or removal thereof. Tenant must remove Tenant’s Property upon expiration or termination of this Lease pursuant to Paragraph 9.2.
Appears in 1 contract
Repairs and Alterations by Tenant. 10.1 Subject A. Except to Paragraph 18the extent such obligations are imposed upon Landlord hereunder, Tenant willshall, at Tenant’s own its sole cost and expense, maintain the Premises in good order, condition and repair any damage done throughout the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall be responsible for all repairs replacements and alterations in and to the ProjectPremises, Building and Property and the facilities and systems thereof, the need for which arises out of (1) Tenant's use or occupancy of the Premises, (2) the installation, removal, use or operation of Tenant's Property (as defined in Section 8. above), (3) the moving of Tenant's Property into or out of the Building, or any part thereof(4) the act, including replacement omission, misuse or negligence of damaged portions or itemsTenant, caused by Tenant or Tenant’s its agents, employeescontractors, employees or invitees, or visitors, and Tenant covenants and agrees to make all such repairs as may be required to restore the Project to as good a condition as it was in prior to such damage. All such repairs, replacements or alterations shall be performed in accordance with Section 10.B. below and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work or repairs by Tenant must be effected in compliance with all applicable Regulations; provided, however, if the Building. If Tenant fails to make maintain the Premises in good order, condition and repair, Landlord shall give Tenant notice to perform such repairs or replacements promptlyacts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work and diligently pursue it to its completion, then Landlord may, at its option, make repairs or replacementssuch repairs, and Tenant will shall pay (as additional rent) the cost thereof to Landlord on demand as Additional Rent, together with an administration charge in an amount equal to FIVE percent (5%) of the cost of such repairs. Landlord within 10 days shall, at its expense (except as included in Basic Costs) keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon:
(a) all structural elements of Landlord’s demand thereforthe Building; and (b) all mechanical, as additional rent. The provisions of this Paragraph 10.1 will survive expiration or termination of this Leaseelectrical and plumbing systems that serve the Building in general; and (c) the Building facilities common to all tenants including but not limited to, the ceilings, walls and floors in the Common Areas.
10.2 B. Tenant will shall not place or install make or allow to be placed made any MATERIAL alterations, additions or installed any signs on or in the Premises which are visible from outside improvements to the Premises, without first obtaining the prior written consent of Landlord in each such instance, which consent may be refused or given on such conditions as Landlord may elect.
10.3 Any alterations. Prior to commencing any such work and as a condition to obtaining Landlord's consent, additions or improvements made by or on behalf of Tenant to the Premises (“Tenant Alterations”) will be subject must furnish Landlord with plans and specifications acceptable to Landlord’s prior written consent, which consent will not be unreasonably withheld or delayed; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor's and subcontractor's insurance in accordance with Section 15. Landlord will not be deemed to have unreasonably withheld its consent to any Tenant Alterations if its consent is withheld because such Tenant Alterations: (i) are not consistent with the first-class nature or the architectural character of the Buildinghereof; (ii) could adversely affect the structure of the Building, the HVAC system or electrical, mechanical, plumbing and a payment bond or other lines or systems security, all in the Building or the Building circuitry; (iii) could increase form and amount satisfactory to Landlord’s costs of operating and maintaining the Building unless . Tenant pays shall be responsible for insuring that all such costs; (iv) would violate the terms of any applicable zoning or building laws or ordinances; or (v) include the use of wall covering that is impermeable to humidity or vapor; the foregoing being merely examples of reasons for which persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably withhold its consent require, including, but not limited to, Builder's Risk and will not be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the foregoing examples. However, with respect to alterations to the Premises comprised solely of cosmetic changes (such as painting and carpeting), or with respect to alterations to the Premises which do not consist solely of cosmetic changes but which cost $30,000 or less per project (for purposes of such determination, multiple alterations that are related will be grouped together) and which do not fall within any of the foregoing factors (i) through (v), Tenant will give Landlord prior written notice (only for such Tenant Alterations costing more than $5,000 (grouped as set forth above)) but need not obtain Landlord’s consent (such Tenant Alterations not requiring Landlord’s consent are referred to herein as “Minor Alterations”). Tenant will cause, at its expense, any Tenant Alterations to comply with applicable insurance requirements and with all applicable Regulations, and will construct at its expense any alteration or modification required by applicable Regulations as a result of any Tenant AlterationsWorker's Compensation insurance. All Tenant Alterations must such improvements, alterations or additions shall be constructed in a good and workmanlike manner by contractors using Building Standard materials or other new materials of equal or greater quantity. Landlord, to the extent reasonably acceptable necessary to Landlord avoid any disruption to the tenants and only good grades of materials may be used. Tenant may not install or cause to be installed in the Premises a wall covering that is impermeable to humidity or vapor. All plans and specifications for any Tenant Alterations requiring Landlord’s consent pursuant this Paragraph 10.3, and a copy of all required permits, must be submitted to Landlord for its approval before the work begins (which approval will not be unreasonably withheld or delayed). Landlord may monitor construction occupants of the Tenant Alterations. Tenant will pay to Landlord as additional rent an amount equal to 3% of the total hard and soft costs of performing and constructing the Tenant Alterations to cover Landlord’s overhead expenses and to compensate Landlord for its services hereunderBuilding, and in addition Tenant will reimburse Landlord for Landlord’s reasonable actual out-of-pocket costs for third-party architectural or engineering (or both) review of Tenant’s plans and specifications for such Tenant Alterations; provided, however, that such 3% fee and such reimbursement obligation will not apply to Tenant Alterations comprised solely of Minor Alterations. Landlord’s right to review plans and specifications and to monitor construction will be solely for its own benefit, and Landlord will have no duty to see that such plans and specifications or construction comply with applicable laws, codes, rules and regulations or that such plans and specifications are adequate for Tenant’s use or purposes. Tenant will provide Landlord with the identities and mailing address of all persons performing work or supplying materials, prior to beginning such construction of Tenant Alterations for which Landlord’s consent is required pursuant to this Paragraph 10.3, and Landlord may post on and about the Premises notices of nonresponsibility pursuant to applicable law. Tenant will 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 personal injury and property damage during construction. Tenant will insure any such Tenant Alterations in accordance with Paragraph 17.1(a) (other than the Tenant Work, which shall be insured by Landlord pursuant to Paragraph 17.2). In connection with any Tenant Alterations, Tenant’s contractor must (and its contract must so provide):
(a) conduct its work in such a manner so as not to unreasonably interfere with Project operations, or any other construction occurring on or in the Project or in the Premises;
(b) execute a set of and comply with the Building’s then-current Tenant Contractor Rules and Regulations and comply with all additional rules and regulations relating to construction activities in or on the Project as may be reasonably promulgated from time to time and uniformly enforced by Landlord or its agents;
(c) deliver to Landlord detailed “as built” plans immediately after the alterations or improvements are complete, if requested by Landlord;
(d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work including, but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials and access to the Property; and
(e) perform its work in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and so as not to cause interference with the continuance of work to be performed or services to be rendered to the Project. Without limiting the foregoing, the following work, whether performed as a Tenant Alteration or as an initial leasehold improvements pursuant to the Work Letter (if any) attached hereto, must be performed (and in the event that Tenant engages for or causes the same to be performed, Tenant will cause its contractor to engage such work to be performed) only by subcontractors having collective bargaining agreements with unions affiliated with the Building and Construction Trades Department of the AFL-CIO as of January 1, 2001 (a list of such unions is attached hereto as Exhibit F): (i) any expansion to expand the size of the Premises beyond the size of the initial Premises hereunder, including any tenant improvements in connection with such expansion; (ii) major repairs or replacements of any supplemental heating, ventilation and air conditioning system, or (iii) installation, repair and replacement of any electric panel board and any entry service cables. For Tenant Alterations requiring Landlord’s consent, Landlord will have the right to approve Tenant’s contractor designate the time when any such alterations, additions and improvements may be performed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion, Tenant shall furnish "as-built" plans, contractor's affidavits and full and final waivers of lien and receipted bills covering all subcontractors to be used by Tenant’s contractorlabor and materials. All improvements, which approval will not be unreasonably withheld or delayedalterations and additions shall comply with the insurance requirements, codes, ordinances, laws and regulations, including without limitation, the Americans with Disabilities Act. Tenant shall reimburse Landlord upon demand for all REASONABLE sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and its contractors are hereby prohibited from engaging plumbing plans for any contractors alterations, additions or subcontractors that will or may cause labor disharmonyimprovements. Upon completion In addition, if Landlord so requests, Landlord shall be entitled to oversee the construction of any Tenant Alterations requiring Landlord’s consentalterations, Tenant will deliver to Landlord sworn statements setting forth the names of all contractors, subcontractors and material suppliers who did work on or supplied materials for the Tenant Alterations, and final, unconditional lien waivers from all such contractors, subcontractors and material suppliers in the form required by applicable law. Tenant will have no right to make any repairs, alterations additions or improvements to, within that may affect the structure of the Building or on any of the Common Areas. Within ten (10) days following completion of any Tenant Alterations (but not for Minor Alterations)mechanical, Tenant will cause a Notice of Completion to be recorded in the office electrical, plumbing or life safety systems of the Recorder of the County in which the Property is located in accordance with Section 3093 of the California Civil Code or any successor statute and furnish a copy thereof to Landlord upon recordation, and Tenant shall timely give all notices required pursuant to Section 3259.5 of the California Civil Code or any successor statute, failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as Tenant’s agent for such purposeBuilding. Landlord reserves the right to require that Tenant terminate its contract with Tenant’s contractor if such contractor is engaged in a labor dispute which disrupts such contractor’s work, the work of any other contractor at the Project or the operation of the Project. Landlord will also have the right to order any contractor of Tenant who violates any of Landlord’s requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Project. Tenant agrees that its contractors will not conduct their work in such manner so as to interfere with or cause any interruption of (i) Landlord’s construction, (ii) another tenant’s occupancy or construction, or (iii) other phases of Landlord’s operation of the Project.
10.4 Any and all alterations or improvements to the Premises will become the property of Landlord upon termination of this Lease (except for movable equipment or furniture owned by Tenant). Landlord may, nonetheless, require Tenant to remove any and all fixtures, equipment and other alterations or improvements installed on the Premises and restore the Premises to Building Standard by the expiration or termination of this Lease. If Landlord so requires and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant will pay Landlord on demand (as additional rent) the cost of restoring the Premises to Building Standard. However, at the time that Tenant requests Landlord’s consent to specific alterations, Tenant may also request that Landlord notify Tenant whether Landlord will, upon expiration or termination of the Lease Term, require Tenant to remove the subject improvements. If Tenant so requests and if Landlord consents to the alterations, then Landlord will also notify Tenant whether Landlord will require removal of any such alterations or improvements at the expiration or termination of the Lease Term. At the expiration or termination of the Lease Term, Tenant will not be required to remove any such alterations or improvements if and to the extent that Landlord previously notified Tenant that removal of such alterations or improvements would not be required. The provisions of this Paragraph 10.4 will survive expiration or termination of this Lease. Landlord may require Tenant to remove wires, cables and telecommunications equipment pursuant to Paragraph 29. Tenant’s trade fixtures, furniture, equipment, and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. At any time, Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the installation or removal thereof. Tenant must remove Tenant’s Property upon expiration or termination of this Lease pursuant to Paragraph 9.2.In the
Appears in 1 contract
Repairs and Alterations by Tenant. 10.1 Subject A. Except to Paragraph 18the extent such obligations are imposed upon Landlord hereunder, Tenant willTenant, at Tenant’s own its sole cost and expense, shall perform all maintenance and repairs to the Premises as are necessary to keep the same in good condition and repair throughout the entire Lease Term, reasonable wear and tear excepted, provided that subject to the provisions of Article XVII hereof, Tenant shall not be responsible for repairs to the Premises to the extent that any damage done is caused by the negligence of Landlord. Tenant's repair and maintenance obligations with respect to the ProjectPremises shall include, without limitation, any necessary repairs with respect to (1) any carpet or other floor covering, (2) any part thereofinterior partitions, (3) any doors, (4) the interior side of any demising walls, (5) any telephone and computer cabling that serves Tenant's equipment exclusively, (6) any supplemental air conditioning units, private showers and kitchens, including replacement of damaged portions or items, caused by Tenant or Tenant’s agents, employees, invitees, or visitorsany plumbing in connection therewith, and similar facilities serving Tenant covenants exclusively, and agrees to make all such repairs as may be required to restore the Project to as good a condition as it was in prior to such damage(7) any alterations, additions or improvements performed by contractors retained by Tenant. All such shall be performed in accordance with Section X.B below and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work or repairs by Tenant must be effected in compliance with all applicable Regulations; provided, however, if the Building. If Tenant fails to make such any necessary repairs or replacements promptlyto the Premises, Landlord may, at its option, make repairs or replacementssuch repairs, and Tenant will shall pay (as additional rent) the cost thereof to the Landlord within 10 days on demand as Additional Base Rental, together with an administrative charge in an amount equal to ten percent (10%) of Landlord’s demand thereforthe cost of such repairs. Landlord shall, at its expense (except as additional rentincluded in Basic Costs), keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon:
(a) all structural elements of the Building; and (b) all mechanical, life safety, electrical, Building Standard lighting and bulbs and plumbing systems that serve the Building in general; and (c) the Building facilities common to all tenants including, but not limited to, the ceilings, walls and floors in the Common Area. The Notwithstanding the foregoing provisions of this Paragraph 10.1 will survive expiration X.A to the contrary and subject to the provisions of Article XVII, Landlord specifically agrees to perform as part of Basic Costs, repairs to the Premises if and to the extent that such repairs can be performed by Building personnel within such Building personnel's routine capabilities and during such Building personnel's normal working hours without unreasonably interfering with such Building personnel's performance of their normal responsibilities and provided such repairs neither cause Landlord to incur expense to hire a third party nor cause Landlord to purchase supplies or termination parts. Notwithstanding the foregoing, Tenant shall be responsible for the cost of this Leaseany alterations, repairs, changes and additions necessitated by the acts or omissions of Tenant, Tenant's agents, employees and contractors.
10.2 B. Tenant will shall not place or install make or allow to be placed made any alterations, additions or installed improvements to the Premises, nor install any vending machines, safes or other heavy property or equipment within the Premises, nor place signs or window coverings on or in the Premises which are visible from outside the Premises, without first obtaining the prior written consent of Landlord in each such instance, which and, as to vending machines in particular, such consent may shall relate solely to issues of location, safety and floor loading. Notwithstanding the foregoing, Landlord's consent shall not be given on required for any alteration, addition or improvement that satisfies all of the following criteria: 1) costs less than $25,000.00, 2) is of a cosmetic nature such conditions as painting, wallpapering, hanging pictures and installing carpeting, 3) is not visible from the exterior of the Premises or Building, and 4) will not affect the systems or structure of the Building and does not require work to be performed inside the walls or above the ceiling of the Premises; provided that even if consent is not required, Tenant shall still comply with all the other provisions of this Section X.B. Prior to commencing any such work, Tenant must furnish Landlord may elect.
10.3 Any with plans and specifications; names and addresses of contractors; necessary permits; and evidence of contractor's and subcontractor's insurance in accordance with section XVI.B. hereof. All such improvements, alterations or additions shall be installed in a good workmanlike manner using new materials. Upon completion, Tenant shall furnish "as-built" plans, and full and final waivers of lien and receipted bills covering all labor and materials. All improvements, alterations and additions shall comply with all insurance requirements, codes, ordinances, laws and regulations, including without limitation, the Americans with Disabilities Act. Tenant shall reimburse Landlord upon demand as additional Rent for all sums expended by Landlord for examination of the architectural, mechanical, electric and plumbing plans for any alterations, additions or improvements made and for the costs of repairing any damage done to the Building caused by Tenant or Tenant's agents, servants, employees, customers, licensees, or invitees. If Landlord so requests, Tenant shall permit Landlord to supervise construction operations, but no such supervision shall impose any liability upon Landlord. Landlord's supervision and review of Tenant's construction operations shall include, but not be limited to, coordination with Building systems and structure, attention to non-disruption of other tenants, and coordination and scheduling of Tenant's deliveries into the Building. In the event Landlord supervises such construction, Landlord shall be entitled to a supervisory fee in the amount of five percent (5%) of the cost of such construction. Notwithstanding the foregoing, Landlord shall be entitled to neither a supervisory fee nor reimbursement of sums expended by Landlord for review of the plans in connection with the Initial Alterations set forth in Exhibit E hereto. Landlord's approval of Tenant's plans and specifications or supervision of any work performed for or on behalf of Tenant to the Premises (“Tenant Alterations”) will be subject to Landlord’s prior written consent, which consent will not be unreasonably withheld or delayed. Landlord will shall not be deemed to have unreasonably withheld its consent to any Tenant Alterations if its consent is withheld because such Tenant Alterations: (i) are not consistent with the first-class nature or the architectural character of the Building; (ii) could adversely affect the structure of the Building, the HVAC system or electrical, mechanical, plumbing or other lines or systems in the Building or the Building circuitry; (iii) could increase Landlord’s costs of operating and maintaining the Building unless Tenant pays all such costs; (iv) would violate the terms of any applicable zoning or building laws or ordinances; or (v) include the use of wall covering that is impermeable to humidity or vapor; the foregoing being merely examples of reasons for which be a representation by Landlord may reasonably withhold its consent and will not be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the foregoing examples. However, with respect to alterations to the Premises comprised solely of cosmetic changes (such as painting and carpeting), or with respect to alterations to the Premises which do not consist solely of cosmetic changes but which cost $30,000 or less per project (for purposes of such determination, multiple alterations that are related will be grouped together) and which do not fall within any of the foregoing factors (i) through (v), Tenant will give Landlord prior written notice (only for such Tenant Alterations costing more than $5,000 (grouped as set forth above)) but need not obtain Landlord’s consent (such Tenant Alterations not requiring Landlord’s consent are referred to herein as “Minor Alterations”). Tenant will cause, at its expense, any Tenant Alterations to comply with applicable insurance requirements and with all applicable Regulations, and will construct at its expense any alteration or modification required by applicable Regulations as a result of any Tenant Alterations. All Tenant Alterations must be constructed in a good and workmanlike manner by contractors reasonably acceptable to Landlord and only good grades of materials may be used. Tenant may not install or cause to be installed in the Premises a wall covering that is impermeable to humidity or vapor. All plans and specifications for any Tenant Alterations requiring Landlord’s consent pursuant this Paragraph 10.3, and a copy of all required permits, must be submitted to Landlord for its approval before the work begins (which approval will not be unreasonably withheld or delayed). Landlord may monitor construction of the Tenant Alterations. Tenant will pay to Landlord as additional rent an amount equal to 3% of the total hard and soft costs of performing and constructing the Tenant Alterations to cover Landlord’s overhead expenses and to compensate Landlord for its services hereunder, and in addition Tenant will reimburse Landlord for Landlord’s reasonable actual out-of-pocket costs for third-party architectural or engineering (or both) review of Tenant’s plans and specifications for such Tenant Alterations; provided, however, that such 3% fee and such reimbursement obligation will not apply to Tenant Alterations comprised solely of Minor Alterations. Landlord’s right to review plans and specifications and to monitor construction will be solely for its own benefit, and Landlord will have no duty to see that such plans and specifications or construction comply with applicable lawsinsurance requirements, building codes, rules and regulations ordinances, laws or that such plans and specifications are adequate for Tenant’s use or purposes. Tenant will provide Landlord with the identities and mailing address of all persons performing work or supplying materials, prior to beginning such construction of Tenant Alterations for which Landlord’s consent is required pursuant to this Paragraph 10.3, and Landlord may post on and about the Premises notices of nonresponsibility pursuant to applicable law. Tenant will 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 personal injury and property damage during construction. Tenant will insure any such Tenant Alterations in accordance with Paragraph 17.1(a) (other than the Tenant Work, which shall be insured by Landlord pursuant to Paragraph 17.2). In connection with any Tenant Alterations, Tenant’s contractor must (and its contract must so provide):
(a) conduct its work in such a manner so as not to unreasonably interfere with Project operations, or any other construction occurring on or in the Project or in the Premises;
(b) execute a set of and comply with the Building’s then-current Tenant Contractor Rules and Regulations and comply with all additional rules and regulations relating to construction activities in or on the Project as may be reasonably promulgated from time to time and uniformly enforced by Landlord or its agents;
(c) deliver to Landlord detailed “as built” plans immediately after the alterations or improvements are complete, if requested by Landlord;
(d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work including, but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials and access to the Property; and
(e) perform its work in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and so as not to cause interference with the continuance of work to be performed or services to be rendered to the Project. Without limiting the foregoing, the following work, whether performed as a Tenant Alteration or as an initial leasehold improvements pursuant to the Work Letter (if any) attached hereto, must be performed (and in the event that Tenant engages for or causes the same to be performed, Tenant will cause its contractor to engage such work to be performed) only by subcontractors having collective bargaining agreements with unions affiliated with the Building and Construction Trades Department of the AFL-CIO as of January 1, 2001 (a list of such unions is attached hereto as Exhibit F): (i) any expansion to expand the size of the Premises beyond the size of the initial Premises hereunder, including any tenant improvements in connection with such expansion; (ii) major repairs or replacements of any supplemental heating, ventilation and air conditioning system, or (iii) installation, repair and replacement of any electric panel board and any entry service cables. For Tenant Alterations requiring Landlord’s consent, Landlord will have the right to approve Tenant’s contractor and all subcontractors to be used by Tenant’s contractor, which approval will not be unreasonably withheld or delayed. Tenant and its contractors are hereby prohibited from engaging any contractors or subcontractors that will or may cause labor disharmony. Upon completion of any Tenant Alterations requiring Landlord’s consent, Tenant will deliver to Landlord sworn statements setting forth the names of all contractors, subcontractors and material suppliers who did work on or supplied materials for the Tenant Alterations, and final, unconditional lien waivers from all such contractors, subcontractors and material suppliers in the form required by applicable law. Tenant will have no right to make any repairs, alterations or improvements to, within or on any of the Common Areas. Within ten (10) days following completion of any Tenant Alterations (but not for Minor Alterations), Tenant will cause a Notice of Completion to be recorded in the office of the Recorder of the County in which the Property is located in accordance with Section 3093 of the California Civil Code or any successor statute and furnish a copy thereof to Landlord upon recordation, and Tenant shall timely give all notices required pursuant to Section 3259.5 of the California Civil Code or any successor statute, failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as Tenant’s agent for such purpose. Landlord reserves the right to require that Tenant terminate its contract with Tenant’s contractor if such contractor is engaged in a labor dispute which disrupts such contractor’s work, the work of any other contractor at the Project or the operation of the Project. Landlord will also have the right to order any contractor of Tenant who violates any of Landlord’s requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Project. Tenant agrees that its contractors will not conduct their work in such manner so as to interfere with or cause any interruption of (i) Landlord’s construction, (ii) another tenant’s occupancy or construction, or (iii) other phases of Landlord’s operation of the Projectregulations.
10.4 Any and all alterations or improvements to the Premises will become the property of Landlord upon termination of this Lease (except for movable equipment or furniture owned by Tenant). Landlord may, nonetheless, require Tenant to remove any and all fixtures, equipment and other alterations or improvements installed on the Premises and restore the Premises to Building Standard by the expiration or termination of this Lease. If Landlord so requires and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant will pay Landlord on demand (as additional rent) the cost of restoring the Premises to Building Standard. However, at the time that Tenant requests Landlord’s consent to specific alterations, Tenant may also request that Landlord notify Tenant whether Landlord will, upon expiration or termination of the Lease Term, require Tenant to remove the subject improvements. If Tenant so requests and if Landlord consents to the alterations, then Landlord will also notify Tenant whether Landlord will require removal of any such alterations or improvements at the expiration or termination of the Lease Term. At the expiration or termination of the Lease Term, Tenant will not be required to remove any such alterations or improvements if and to the extent that Landlord previously notified Tenant that removal of such alterations or improvements would not be required. The provisions of this Paragraph 10.4 will survive expiration or termination of this Lease. Landlord may require Tenant to remove wires, cables and telecommunications equipment pursuant to Paragraph 29. Tenant’s trade fixtures, furniture, equipment, and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. At any time, Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the installation or removal thereof. Tenant must remove Tenant’s Property upon expiration or termination of this Lease pursuant to Paragraph 9.2.
Appears in 1 contract
Sources: Standard Form Office Lease (Long Beach Holdings Corp)
Repairs and Alterations by Tenant. 10.1 Subject A. Except to Paragraph 18the extent such obligations are imposed upon Landlord hereunder, Tenant willshall, at Tenant’s own its sole cost and expense, maintain the Premises in good order, condition and repair any damage done throughout the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall be responsible for all repairs replacements and alterations in and to the ProjectPremises, Building and Property and the facilities and systems thereof, the need for which arises out of (1) Tenant’s use or occupancy of the Premises (provided that the foregoing shall not be deemed to require that Tenant make any capital improvements or replace any equipment or systems serving the Premises), (2) the installation, removal, use or operation of Tenant’s Property (as defined in Section 8 above), (3) the moving of Tenant’s Property into or out of the Building, or any part thereof(4) the act, including replacement omission, misuse or negligence of damaged portions or itemsTenant, caused by Tenant or Tenant’s its agents, employeescontractors, employees or invitees, or visitors, and Tenant covenants and agrees to make all such repairs as may be required to restore the Project to as good a condition as it was in prior to such damage. All such repairs, replacements or alterations shall be performed in accordance with Section 10.B below and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work or repairs by Tenant must be effected in compliance with all applicable Regulations; provided, however, if the Building. If Tenant fails to make maintain the Premises in good order, condition and repair, Landlord shall give Tenant notice to perform such repairs or replacements promptlyacts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work and diligently pursue it to its completion, then Landlord may, at its option, make repairs or replacementssuch repairs, and Tenant will shall pay (as additional rent) the cost thereof to the Landlord within 10 days of Landlord’s on demand therefor, as additional rent. The provisions of this Paragraph 10.1 will survive expiration or termination of this LeaseAdditional Rent.
10.2 B. Tenant will shall not place or install make or allow to be placed made any alterations, additions or installed any signs on or in the Premises which are visible from outside improvements to the Premises, without first obtaining the prior written consent of Landlord in each such instance, which consent may shall not be given on unreasonably withheld, delayed or conditioned. Prior to commencing any such conditions work and as a condition to obtaining Landlord’s consent, Tenant must furnish Landlord with plans and specifications reasonably acceptable to Landlord (provided such plans and/or specifications actually exist); names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 15 hereof. Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may elect.
10.3 Any alterationsreasonably approve, additions or improvements made by or on behalf of Tenant to the Premises (“Tenant Alterations”) will be subject to Landlordincluding, but not limited to, Builder’s prior written consent, which consent will not be unreasonably withheld or delayed. Landlord will not be deemed to have unreasonably withheld its consent to any Tenant Alterations if its consent is withheld because such Tenant Alterations: (i) are not consistent with the first-class nature or the architectural character of the Building; (ii) could adversely affect the structure of the Building, the HVAC system or electrical, mechanical, plumbing or other lines or systems in the Building or the Building circuitry; (iii) could increase LandlordRisk and Worker’s costs of operating and maintaining the Building unless Tenant pays all such costs; (iv) would violate the terms of any applicable zoning or building laws or ordinances; or (v) include the use of wall covering that is impermeable to humidity or vapor; the foregoing being merely examples of reasons for which Landlord may reasonably withhold its consent and will not be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the foregoing examples. However, with respect to alterations to the Premises comprised solely of cosmetic changes (such as painting and carpeting), or with respect to alterations to the Premises which do not consist solely of cosmetic changes but which cost $30,000 or less per project (for purposes of such determination, multiple alterations that are related will be grouped together) and which do not fall within any of the foregoing factors (i) through (v), Tenant will give Landlord prior written notice (only for such Tenant Alterations costing more than $5,000 (grouped as set forth above)) but need not obtain Landlord’s consent (such Tenant Alterations not requiring Landlord’s consent are referred to herein as “Minor Alterations”). Tenant will cause, at its expense, any Tenant Alterations to comply with applicable insurance requirements and with all applicable Regulations, and will construct at its expense any alteration or modification required by applicable Regulations as a result of any Tenant AlterationsCompensation insurance. All Tenant Alterations must such improvements, alterations or additions shall be constructed in a good and workmanlike manner by contractors using Building Standard materials or other new materials of equal or greater quality. Landlord, to the extent reasonably acceptable necessary to Landlord avoid any disruption to the tenants and only good grades occupants of materials the Building, shall have the right to designate the time when any such alterations, additions and improvements may be used. Tenant may not install or cause performed and to be installed otherwise designate reasonable rules, regulations and procedures for the performance of work in the Premises a wall Building. Upon completion, Tenant shall furnish “as-built” plans (if the same have been prepared), contractor’s affidavits and full and final waivers of lien and receipted bills covering that is impermeable to humidity or vaporall labor and materials. All plans improvements, alterations and specifications for additions shall comply with the insurance requirements, codes, ordinances, laws and regulations, including without limitation, the Americans with Disabilities Act. In addition, if Landlord so requests, Landlord shall be entitled to observe the construction of any Tenant Alterations requiring alterations, additions or improvements that may affect the structure of the Building or any of the mechanical, electrical, plumbing or life safety systems of the Building. Landlord’s consent pursuant this Paragraph 10.3, and a copy of all required permits, must be submitted to Landlord for its approval before the work begins (which approval will not be unreasonably withheld or delayed). Landlord may monitor construction of the Tenant Alterations. Tenant will pay to Landlord as additional rent an amount equal to 3% of the total hard and soft costs of performing and constructing the Tenant Alterations to cover Landlord’s overhead expenses and to compensate Landlord for its services hereunder, and in addition Tenant will reimburse Landlord for Landlord’s reasonable actual out-of-pocket costs for third-party architectural or engineering (or both) review of Tenant’s plans and specifications for such any work performed for or on behalf of Tenant Alterations; provided, however, that such 3% fee and such reimbursement obligation will shall not apply be deemed to Tenant Alterations comprised solely of Minor Alterations. Landlord’s right to review plans and specifications and to monitor construction will be solely for its own benefit, and representation by Landlord will have no duty to see that such plans and specifications or construction comply with applicable lawsinsurance requirements, building codes, rules and ordinances, laws or regulations or that the alterations, additions and improvements constructed in accordance with such plans and specifications are will be adequate for Tenant’s use or purposes. Tenant will provide Landlord with the identities and mailing address of all persons performing work or supplying materials, prior to beginning such construction of Tenant Alterations for which Landlord’s consent is required pursuant to this Paragraph 10.3, and Landlord may post on and about the Premises notices of nonresponsibility pursuant to applicable law. Tenant will 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 personal injury and property damage during construction. Tenant will insure any such Tenant Alterations in accordance with Paragraph 17.1(a) (other than the Tenant Work, which shall be insured by Landlord pursuant to Paragraph 17.2). In connection with any Tenant Alterations, Tenant’s contractor must (and its contract must so provide):
(a) conduct its work in such a manner so as not to unreasonably interfere with Project operations, or any other construction occurring on or in the Project or in the Premises;
(b) execute a set of and comply with the Building’s then-current Tenant Contractor Rules and Regulations and comply with all additional rules and regulations relating to construction activities in or on the Project as may be reasonably promulgated from time to time and uniformly enforced by Landlord or its agents;
(c) deliver to Landlord detailed “as built” plans immediately after the alterations or improvements are complete, if requested by Landlord;
(d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work including, but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials and access to the Property; and
(e) perform its work in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and so as not to cause interference with the continuance of work to be performed or services to be rendered to the Project. Without limiting the foregoing, the following work, whether performed as a Tenant Alteration or as an initial leasehold improvements pursuant to the Work Letter (if any) attached hereto, must be performed (and in the event that Tenant engages for or causes the same to be performed, Tenant will cause its contractor to engage such work to be performed) only by subcontractors having collective bargaining agreements with unions affiliated with the Building and Construction Trades Department of the AFL-CIO as of January 1, 2001 (a list of such unions is attached hereto as Exhibit F): (i) any expansion to expand the size of the Premises beyond the size of the initial Premises hereunder, including any tenant improvements in connection with such expansion; (ii) major repairs or replacements of any supplemental heating, ventilation and air conditioning system, or (iii) installation, repair and replacement of any electric panel board and any entry service cables. For Tenant Alterations requiring Landlord’s consent, Landlord will have the right to approve Tenant’s contractor and all subcontractors to be used by Tenant’s contractor, which approval will not be unreasonably withheld or delayed. Tenant and its contractors are hereby prohibited from engaging any contractors or subcontractors that will or may cause labor disharmony. Upon completion of any Tenant Alterations requiring Landlord’s consent, Tenant will deliver to Landlord sworn statements setting forth the names of all contractors, subcontractors and material suppliers who did work on or supplied materials for the Tenant Alterations, and final, unconditional lien waivers from all such contractors, subcontractors and material suppliers in the form required by applicable law. Tenant will have no right to make any repairs, alterations or improvements to, within or on any of the Common Areas. Within ten (10) days following completion of any Tenant Alterations (but not for Minor Alterations), Tenant will cause a Notice of Completion to be recorded in the office of the Recorder of the County in which the Property is located in accordance with Section 3093 of the California Civil Code or any successor statute and furnish a copy thereof to Landlord upon recordation, and Tenant shall timely give all notices required pursuant to Section 3259.5 of the California Civil Code or any successor statute, failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as Tenant’s agent for such purpose. Landlord reserves the right to require that Tenant terminate its contract with Tenant’s contractor if such contractor is engaged in a labor dispute which disrupts such contractor’s work, the work of any other contractor at the Project or the operation of the Project. Landlord will also have the right to order any contractor of Tenant who violates any of Landlord’s requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Project. Tenant agrees that its contractors will not conduct their work in such manner so as to interfere with or cause any interruption of (i) Landlord’s construction, (ii) another tenant’s occupancy or construction, or (iii) other phases of Landlord’s operation of the Projectuse.
10.4 Any and all alterations or improvements to the Premises will become the property of Landlord upon termination of this Lease (except for movable equipment or furniture owned by Tenant). Landlord may, nonetheless, require Tenant to remove any and all fixtures, equipment and other alterations or improvements installed on the Premises and restore the Premises to Building Standard by the expiration or termination of this Lease. If Landlord so requires and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant will pay Landlord on demand (as additional rent) the cost of restoring the Premises to Building Standard. However, at the time that Tenant requests Landlord’s consent to specific alterations, Tenant may also request that Landlord notify Tenant whether Landlord will, upon expiration or termination of the Lease Term, require Tenant to remove the subject improvements. If Tenant so requests and if Landlord consents to the alterations, then Landlord will also notify Tenant whether Landlord will require removal of any such alterations or improvements at the expiration or termination of the Lease Term. At the expiration or termination of the Lease Term, Tenant will not be required to remove any such alterations or improvements if and to the extent that Landlord previously notified Tenant that removal of such alterations or improvements would not be required. The provisions of this Paragraph 10.4 will survive expiration or termination of this Lease. Landlord may require Tenant to remove wires, cables and telecommunications equipment pursuant to Paragraph 29. Tenant’s trade fixtures, furniture, equipment, and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. At any time, Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the installation or removal thereof. Tenant must remove Tenant’s Property upon expiration or termination of this Lease pursuant to Paragraph 9.2.
Appears in 1 contract
Sources: Joint Venture Contribution and Formation Agreement (SEACOR Marine Holdings Inc.)
Repairs and Alterations by Tenant. 10.1 Subject A. Except to Paragraph 18the extent such obligations are imposed upon Landlord hereunder, Tenant willshall, at Tenant’s own its sole cost and expense, maintain the Premises in good order, condition and repair any damage done throughout the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat and clean condition at all times. Tenant shall be responsible for all repairs replacements and alterations, other than Landlord’s Work, in and to the ProjectPremises, Building and Property and the facilities and systems thereof, the need for which arises out of (1) Tenant’s use or occupancy of the Premises, (2) the installation, removal, use or operation of Tenant’s Property (as defined in Section 8 above), (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, its agents, contractors, employees or invitees. All such repairs, replacements or alterations shall be performed in accordance with Section 10.8 below and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work in the Building. If Tenant fails to maintain the Premises in good order, condition and repair, Landlord shall give Tenant reasonable notice to perform such acts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work and diligently pursue it to its completion, then Landlord may, at is option, make such repairs, and Tenant shall pay the cost thereof to Landlord on demand as Additional Rent, together with an administration charge in an amount equal to ten percent (10%) of the cost of such repairs. Landlord shall, at its expense (except as included in Basic Costs) keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon:
(a) all structural elements of the Building; and (b) all mechanical, electrical and plumbing systems that serve the Building in general; and (c) the Building facilities common to all tenants including but not limited to, the ceilings, walls and floors in the Common Areas, provided if repairs and)or maintenance to any part thereofof the foregoing are made necessary by the act or omission of Tenant, including replacement of damaged portions or items, caused by Tenant or Tenant’s its agents, employees, contractors or invitees, or visitors, and Tenant covenants and agrees to make all such repairs as may be required to restore the Project to as good a condition as it was in prior to such damage. All such work or repairs by Tenant must be effected in compliance with all applicable Regulations; provided, however, if Tenant fails to make such repairs or replacements promptly, Landlord may, at its option, make repairs or replacements, and Tenant will shall pay (as additional rent) the cost thereof to Landlord on demand as Additional Rent, together with an administrative charge equal to ten percent (10%) of the Landlord within 10 days of Landlord’s demand therefor, as additional rent. The provisions of this Paragraph 10.1 will survive expiration or termination of this Leasecost thereof.
10.2 B. Tenant will shall not place or install make or allow to be placed made any alterations, additions or installed any signs on or in the Premises which are visible from outside improvements to the Premises, without first obtaining the prior written consent of Landlord in each such instance, which consent may be given on such conditions as Landlord may elect.
10.3 Any alterations, additions or improvements made by or on behalf of Tenant to the Premises (“Tenant Alterations”) will be subject to Landlord’s prior written consent, which consent will not be unreasonably withheld or delayed. Landlord will not be deemed to have unreasonably withheld its consent to any Tenant Alterations alterations if its consent is withheld because such Tenant Alterationsalterations: (i) are not consistent with the first-class nature or the architectural character of the Building; (ii) could adversely affect the structure of the Building, the HVAC system or electrical, mechanical, plumbing or other lines or systems in the Building or the Building circuitry; (iii) could increase Landlord’s costs of operating and maintaining the Building unless Tenant pays all such costsBuilding; (iv) would would, in Landlord’s judgment, violate the terms of any applicable zoning or building laws or ordinances; (v) would disturb other tenants of the Building, for example, by requiring entry into the premises of other tenants; or (vvi) include the use of wall covering that is impermeable to humidity or vapor; the foregoing being merely examples of reasons for which Landlord may reasonably withhold its consent and will not be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the foregoing examples. However, with respect to alterations (“Cosmetic Alterations”) to the Premises comprised solely of cosmetic changes (such as painting and carpeting), or with respect to alterations to the Premises which do not consist solely of cosmetic changes but which cost costing $30,000 25,000 or less per project (for purposes of such determination, multiple alterations that are related will be grouped together) in the aggregate and which do not fall within any of the foregoing factors (i) through (vvi) (striking “in Landlord’s judgment” in item (iv)), Tenant will give Landlord prior written notice (only for such Tenant Alterations costing more than $5,000 (grouped as set forth above)) but need not obtain Landlord’s consent (consent. Prior to commencing any such Tenant Alterations not requiring work and as a condition to obtaining Landlord’s consent are referred consent, Tenant must furnish Landlord with plans and specifications reasonably acceptable to herein as “Minor Alterations”)Landlord; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in accordance with Section 15 hereof; and a payment bond or other security, all in form and amount reasonably satisfactory to Landlord. Tenant will causeshall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, at its expense, any Tenant Alterations to comply with applicable insurance requirements in such amounts and with all applicable Regulationssuch companies as Landlord may reasonably require, including, but not limited to, Builder’s Risk and will construct at its expense any alteration or modification required by applicable Regulations as a result of any Tenant AlterationsWorker’s Compensation insurance. All Tenant Alterations must such improvements, alterations or additions shall be constructed in a good and workmanlike manner by contractors using Building Standard materials or other new materials of equal or greater quantity. Landlord, to the extent reasonably acceptable necessary to Landlord avoid any disruption to the tenants and only good grades occupants of materials the Building, shall have the right to reasonably designate the time when any such alterations, additions and improvements may be usedperformed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion, Tenant shall furnish one set of “as-built” plans (except with respect to Cosmetic Alterations), contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All improvements, alterations and additions shall comply with the insurance requirements, codes, ordinances, laws and regulations, including without limitation, the Americans with Disabilities Act. Tenant may not install or cause to be installed in shall reimburse Landlord, within 10 days after notice therefor, for all reasonable sums, if any, expended by Landlord for third party examination of the Premises a wall covering that is impermeable to humidity or vapor. All architectural, mechanical, electrical and plumbing plans and specifications for any Tenant Alterations requiring Landlord’s consent pursuant this Paragraph 10.3alterations, and a copy of all required permitsadditions or improvements. In addition, must if Landlord so requests, Landlord shall be submitted entitled to Landlord for its approval before oversee the work begins (which approval will not be unreasonably withheld or delayed). Landlord may monitor construction of any alterations, additions or improvements that may affect the Tenant Alterationsstructure of the Building or any of the mechanical, electrical, plumbing or life safety systems of the Building. Tenant will pay In the event Landlord elects to oversee such work, Landlord as additional rent shall be entitled to receive a fee for such oversight in an amount equal to 3% five percent (5%) of the total hard and soft costs cost of performing and constructing the Tenant Alterations to cover such alterations, additions or improvements. Landlord’s overhead expenses and to compensate Landlord for its services hereunder, and in addition Tenant will reimburse Landlord for Landlord’s reasonable actual out-of-pocket costs for third-party architectural or engineering (or both) review approval of Tenant’s plans and specifications for such any work performed for or on behalf of Tenant Alterations; provided, however, that such 3% fee and such reimbursement obligation will shall not apply be deemed to Tenant Alterations comprised solely of Minor Alterations. Landlord’s right to review plans and specifications and to monitor construction will be solely for its own benefit, and representation by Landlord will have no duty to see that such plans and specifications or construction comply with applicable lawsinsurance requirements, building codes, rules and ordinances, laws or regulations or that the alterations, additions and improvements constructed in accordance with such plans and specifications are will be adequate for Tenant’s use or purposes. Tenant will provide Landlord with the identities and mailing address of all persons performing work or supplying materials, prior use.
C. Subject to beginning such construction of Tenant Alterations for which Landlord’s consent is required pursuant to this Paragraph 10.3, and Landlord may post on and about the Premises notices of nonresponsibility pursuant to applicable law. Tenant will 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 personal injury and property damage during construction. Tenant will insure any such Tenant Alterations in accordance with Paragraph 17.1(a) (other than the Tenant Workapproval, which shall will not be insured by Landlord pursuant to Paragraph 17.2). In connection with any Tenant Alterationsunreasonably withheld, Tenant’s contractor must (conditioned or delayed and its contract must so provide):
(a) conduct its work in such a manner so as not to unreasonably interfere with Project operations, or any other construction occurring on or in the Project or in the Premises;
(b) execute a set of and comply with the Building’s then-current Tenant Contractor Rules and Regulations and comply with all additional rules and regulations relating to construction activities in or on the Project as may be reasonably promulgated from time to time and uniformly enforced by Landlord or its agents;
(c) deliver to Landlord detailed “as built” plans immediately after the alterations or improvements are complete, if requested by Landlord;
(d) be responsible for reaching an agreement with Landlord and its agents as subject to the terms and conditions of Section 10.6 above, Tenant, at its sole cost and expense, may install a controlled access system for all contractor items relating the Premises which may connect to the conducting of its work including, but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials and Building card access to the Property; and
(e) perform its work in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and so as not to cause interference with the continuance of work to be performed or services to be rendered to the Project. Without limiting the foregoing, the following work, whether performed as a Tenant Alteration or as an initial leasehold improvements pursuant to the Work Letter (if any) attached hereto, must be performed (and system currently installed in the event Building or any system that Tenant engages for or causes the same to be performed, Tenant will cause its contractor to engage such work to be performed) only by subcontractors having collective bargaining agreements with unions affiliated with the Building and Construction Trades Department of the AFL-CIO as of January 1, 2001 (a list of such unions is attached hereto as Exhibit F): (i) any expansion to expand the size of the Premises beyond the size of the initial Premises hereunder, including any tenant improvements in connection with such expansion; (ii) major repairs or replacements of any supplemental heating, ventilation and air conditioning system, or (iii) installation, repair and replacement of any electric panel board and any entry service cables. For Tenant Alterations requiring Landlord’s consent, Landlord will have the right to approve Tenant’s contractor and all subcontractors to be used by Tenant’s contractor, which approval will not be unreasonably withheld or delayed. Tenant and its contractors are hereby prohibited from engaging any contractors or subcontractors that will or may cause labor disharmony. Upon completion of any Tenant Alterations requiring Landlord’s consent, Tenant will deliver to Landlord sworn statements setting forth the names of all contractors, subcontractors and material suppliers who did work on or supplied materials for the Tenant Alterations, and final, unconditional lien waivers from all such contractors, subcontractors and material suppliers subsequently installs in the form required by applicable lawBuilding. Tenant will have no right Nothing contained herein shall obligate Landlord to make any repairs, alterations or improvements to, within or on any of use and maintain the Common Areas. Within ten (10) days following completion of any Tenant Alterations (but not for Minor Alterations), Tenant will cause a Notice of Completion to be recorded in the office of the Recorder of the County in which the Property is located in accordance with Section 3093 of the California Civil Code or any successor statute and furnish a copy thereof to Landlord upon recordation, and Tenant shall timely give all notices required pursuant to Section 3259.5 of the California Civil Code or any successor statute, failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as TenantBuilding’s agent for such purpose. Landlord reserves the right to require that Tenant terminate its contract with Tenant’s contractor if such contractor is engaged in a labor dispute which disrupts such contractor’s work, the work of any other contractor at the Project or the operation of the Project. Landlord will also have the right to order any contractor of Tenant who violates any of Landlord’s requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Project. Tenant agrees that its contractors will not conduct their work in such manner so as to interfere with or cause any interruption of (i) Landlord’s construction, (ii) another tenant’s occupancy or construction, or (iii) other phases of Landlord’s operation of the Project.
10.4 Any and all alterations or improvements to the Premises will become the property of Landlord upon termination of this Lease (except for movable equipment or furniture owned by Tenant). Landlord may, nonetheless, require Tenant to remove any and all fixtures, equipment and other alterations or improvements installed on the Premises and restore the Premises to Building Standard by the expiration or termination of this Lease. If Landlord so requires and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant will pay Landlord on demand (as additional rent) the cost of restoring the Premises to Building Standard. However, at the time that Tenant requests Landlord’s consent to specific alterations, Tenant may also request that Landlord notify Tenant whether Landlord will, upon expiration or termination of current access system during the Lease Term, require Tenant to remove the subject improvements. If Tenant so requests and if Landlord consents to the alterations, then Landlord will also notify Tenant whether Landlord will require removal of any such alterations or improvements at the expiration or termination of the Lease Term. At the expiration or termination of the Lease Term, Tenant will not be required to remove any such alterations or improvements if and to the extent that Landlord previously notified Tenant that removal of such alterations or improvements would not be required. The provisions of this Paragraph 10.4 will survive expiration or termination of this Lease. Landlord may require Tenant to remove wires, cables and telecommunications equipment pursuant to Paragraph 29. Tenant’s trade fixtures, furniture, equipment, and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. At any time, Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the installation or removal thereof. Tenant must remove Tenant’s Property upon expiration or termination of this Lease pursuant to Paragraph 9.2.
Appears in 1 contract
Sources: Office Lease (Alfacell Corp)
Repairs and Alterations by Tenant. 10.1 Subject A. Except to Paragraph 18the extent such obligations are imposed upon Landlord hereunder, Tenant willshall, at Tenant’s own its sole cost and expense, maintain the Premises in good order, condition and repair any damage done throughout the entire Lease Term, ordinary wear and tear excepted. Tenant agrees to keep the areas visible from outside the Premises in a neat, clean and attractive condition at all times. Tenant shall be responsible for all repairs, replacements and alterations in and to the ProjectPremises, Building and Property and the facilities and systems thereof, the need for which arises out of (1) Tenant's use or occupancy of the Premises, (2) the installation, removal, use or operation of Tenant's Property (as defined in Section 8. above), (3) the moving of Tenant's Property into or out of the Building, or any part thereof(4) the act, including replacement omission, misuse or negligence of damaged portions or itemsTenant, caused by Tenant or Tenant’s its agents, employeescontractors, employees or invitees. Tenant shall be responsible for repair, or visitorsmaintenance and replacement, if necessary, of the HVAC system and Tenant covenants and agrees to make all such repairs as may be required to restore equipment serving the Project to as good a condition as it was in prior to such damagePremises. All such repairs, replacements or alterations shall be performed in accordance with Section 10.B. below and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work or repairs by Tenant must be effected in compliance with all applicable Regulations; provided, however, if the Building. If Tenant fails to make maintain the Premises in good order, condition and repair, Landlord shall give Tenant notice to perform such repairs or replacements promptlyacts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work and diligently pursue it to its completion, then Landlord may, at its option, make repairs or replacementssuch repairs, and Tenant will shall pay (as additional rent) the cost thereof to Landlord on demand as Additional Rent, together with an administration charge in an amount equal to ten percent (10%) of the cost of such repairs. Landlord within 10 days shall, at its expense (except as included in Basic Costs) keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon:
(a) all structural elements of Landlord’s the Building; and (b) all mechanical, electrical and plumbing systems that serve the Building in general; and (c) the Building facilities common to all tenants including but not limited to, the ceilings, walls and floors in the Common Areas, provided if repairs and/or maintenance to any of the foregoing are made necessary by the act or omission of Tenant, its agents, employees, contractors or invitees, Tenant shall pay the cost thereof to Landlord on demand thereforas Additional Rent, as additional rent. The provisions together with an administrative charge equal to ten percent (10%) of this Paragraph 10.1 will survive expiration or termination of this Leasethe cost thereof.
10.2 B. Tenant will shall not place or install make or allow to be placed made any alterations, additions or installed any signs on or in the Premises which are visible from outside improvements to the Premises, without first obtaining the prior written consent of Landlord in each such instance, which consent may be refused or given on such conditions as Landlord may elect.
10.3 Any alterations. Prior to commencing any such work and as a condition to obtaining Landlord's consent, additions or improvements made by or on behalf of Tenant to the Premises (“Tenant Alterations”) will be subject must furnish Landlord with plans and specifications acceptable to Landlord’s prior written consent, which consent will not ; names and addresses of contractors reasonably acceptable to Landlord; copies of contracts; necessary permits and approvals; evidence of contractor's and subcontractor's insurance in accordance with Section 15 hereof. Tenant shall be unreasonably withheld or delayed. Landlord will not be deemed to have unreasonably withheld its consent to any Tenant Alterations if its consent is withheld because such Tenant Alterations: (i) are not consistent with the first-class nature or the architectural character of the Building; (ii) could adversely affect the structure of the Building, the HVAC system or electrical, mechanical, plumbing or other lines or systems in the Building or the Building circuitry; (iii) could increase Landlord’s costs of operating and maintaining the Building unless Tenant pays responsible for insuring that all such costs; (iv) would violate the terms of any applicable zoning or building laws or ordinances; or (v) include the use of wall covering that is impermeable to humidity or vapor; the foregoing being merely examples of reasons for which persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may reasonably withhold its consent require, including, but not limited to, Builder's Risk and will not be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the foregoing examples. However, with respect to alterations to the Premises comprised solely of cosmetic changes (such as painting and carpeting), or with respect to alterations to the Premises which do not consist solely of cosmetic changes but which cost $30,000 or less per project (for purposes of such determination, multiple alterations that are related will be grouped together) and which do not fall within any of the foregoing factors (i) through (v), Tenant will give Landlord prior written notice (only for such Tenant Alterations costing more than $5,000 (grouped as set forth above)) but need not obtain Landlord’s consent (such Tenant Alterations not requiring Landlord’s consent are referred to herein as “Minor Alterations”). Tenant will cause, at its expense, any Tenant Alterations to comply with applicable insurance requirements and with all applicable Regulations, and will construct at its expense any alteration or modification required by applicable Regulations as a result of any Tenant AlterationsWorker's Compensation insurance. All Tenant Alterations must such improvements, alterations or additions shall be constructed in a good and workmanlike manner by contractors using Building Standard materials or other new materials of equal or greater quantity. Landlord, to the extent reasonably acceptable necessary to Landlord avoid any disruption to the tenants and only good grades occupants of materials the Building, shall have the right to designate the time when any such alterations, additions and improvements may be usedperformed and to otherwise designate reasonable rules, regulations and procedures for the performance of work in the Building. Upon completion, Tenant shall furnish "as-built" plans, contractor's affidavits and full and final waivers of lien and receipted bills covering all labor and materials. All improvements, alterations and additions shall comply with the insurance requirements, codes, ordinances, laws and regulations, including without limitation, the Americans with Disabilities Act. Tenant may not install shall reimburse Landlord upon demand for all sums, if any, expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any alterations, additions or cause to be installed in the Premises a wall covering that is impermeable to humidity or vaporimprovements. All Landlord's approval of Tenant's plans and specifications for any work performed for or on behalf of Tenant Alterations requiring Landlord’s consent pursuant this Paragraph 10.3, and a copy of all required permits, must be submitted to Landlord for its approval before the work begins (which approval will shall not be unreasonably withheld or delayed). deemed to be representation by Landlord may monitor construction of the Tenant Alterations. Tenant will pay to Landlord as additional rent an amount equal to 3% of the total hard and soft costs of performing and constructing the Tenant Alterations to cover Landlord’s overhead expenses and to compensate Landlord for its services hereunder, and in addition Tenant will reimburse Landlord for Landlord’s reasonable actual out-of-pocket costs for third-party architectural or engineering (or both) review of Tenant’s plans and specifications for such Tenant Alterations; provided, however, that such 3% fee and such reimbursement obligation will not apply to Tenant Alterations comprised solely of Minor Alterations. Landlord’s right to review plans and specifications and to monitor construction will be solely for its own benefit, and Landlord will have no duty to see that such plans and specifications or construction comply with applicable lawsinsurance requirements, building codes, rules and ordinances, laws or regulations or that the alterations, additions and improvements constructed in accordance with such plans and specifications are will be adequate for Tenant’s use or purposes's use. Tenant will provide Notwithstanding anything herein to the contrary, Landlord with the identities and mailing address of all persons performing work or supplying materials, prior to beginning such construction of Tenant Alterations for which Landlord’s consent is required pursuant to this Paragraph 10.3, and Landlord may post on and about the Premises notices of nonresponsibility pursuant to applicable law. Tenant will 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 personal injury and property damage during construction. Tenant will insure any such Tenant Alterations in accordance with Paragraph 17.1(a) (other than the Tenant Work, which shall be insured by Landlord pursuant to Paragraph 17.2). In connection with any Tenant Alterations, Tenant’s contractor must (and its contract must so provide):
(a) conduct its work in such a manner so as agrees not to withhold or delay its consent unreasonably interfere with Project operationsto any alterations, or any other construction occurring on or in the Project or in the Premises;
(b) execute a set of and comply with the Building’s then-current Tenant Contractor Rules and Regulations and comply with all additional rules and regulations relating to construction activities in or on the Project as may be reasonably promulgated from time to time and uniformly enforced by Landlord or its agents;
(c) deliver to Landlord detailed “as built” plans immediately after the alterations additions or improvements are complete, if requested by Landlord;
(d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work including, but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials and access to the Property; and
(e) perform its work in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and so as not to cause interference with the continuance of work to be performed or services to be rendered to the Project. Without limiting the foregoing, the following work, whether performed as a Tenant Alteration or as an initial leasehold improvements pursuant to the Work Letter (if any) attached hereto, must be performed (and in the event that Tenant engages for or causes the same to be performed, Tenant will cause its contractor to engage such work to be performed) only by subcontractors having collective bargaining agreements with unions affiliated with the Building and Construction Trades Department of the AFL-CIO as of January 1, 2001 (a list of such unions is attached hereto as Exhibit F): which (i) any expansion to expand do not affect base building systems or the size structure of the Premises beyond the size of the initial Premises hereunder, including any tenant improvements in connection with such expansion; (ii) major repairs or replacements of any supplemental heating, ventilation and air conditioning system, or (iii) installation, repair and replacement of any electric panel board and any entry service cables. For Tenant Alterations requiring Landlord’s consent, Landlord will have the right to approve Tenant’s contractor and all subcontractors to be used by Tenant’s contractor, which approval will not be unreasonably withheld or delayed. Tenant and its contractors are hereby prohibited from engaging any contractors or subcontractors that will or may cause labor disharmony. Upon completion of any Tenant Alterations requiring Landlord’s consent, Tenant will deliver to Landlord sworn statements setting forth the names of all contractors, subcontractors and material suppliers who did work on or supplied materials for the Tenant Alterations, and final, unconditional lien waivers from all such contractors, subcontractors and material suppliers in the form required by applicable law. Tenant will have no right to make any repairs, alterations or improvements to, within or on any of the Common Areas. Within ten (10) days following completion of any Tenant Alterations (but not for Minor Alterations), Tenant will cause a Notice of Completion to be recorded in the office of the Recorder of the County in which the Property is located in accordance with Section 3093 of the California Civil Code or any successor statute and furnish a copy thereof to Landlord upon recordation, and Tenant shall timely give all notices required pursuant to Section 3259.5 of the California Civil Code or any successor statute, failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as Tenant’s agent for such purpose. Landlord reserves the right to require that Tenant terminate its contract with Tenant’s contractor if such contractor is engaged in a labor dispute which disrupts such contractor’s work, the work of any other contractor at the Project or the operation of the Project. Landlord will also have the right to order any contractor of Tenant who violates any of Landlord’s requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Project. Tenant agrees that its contractors will not conduct their work in such manner so as to interfere with or cause any interruption of (i) Landlord’s constructionBuilding, (ii) another tenant’s occupancy or constructionare not visible from the outside the Premises, or and (iii) other phases of Landlord’s operation which would not materially detract from the aesthetic integrity of the Project.
10.4 Any and all alterations Building or improvements its design. Landlord shall not be deemed to have acted unreasonably if it withholds its consent because, in Landlord's opinion, such work: could affect the safety of the Building or its occupants; would increase Landlord's cost of repairs, insurance or furnishing services or otherwise adversely affect Landlord's ability to efficiently operate the Building or furnish services to Tenant or other tenants; involves toxic or hazardous materials; could be costly or hazardous to remove or demolish; requires entry into another tenant's premises or use of public areas; or is prohibited by any mortgage on the Building. The foregoing reasons, however, shall not be exclusive of the reasons for which Landlord may withhold consent, whether or not such other reasons are similar or dissimilar to the Premises will become the property of foregoing. Specific consent from Landlord upon termination of this Lease (except for movable equipment or furniture owned by Tenant). Landlord may, nonetheless, require Tenant to remove any and all fixtures, equipment and other alterations or improvements installed on the Premises and restore the Premises to Building Standard by the expiration or termination of this Lease. If Landlord so requires and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant will pay Landlord on demand (as additional rent) the cost of restoring the Premises to Building Standard. However, at the time that Tenant requests Landlord’s consent to specific alterations, Tenant may also request that Landlord notify Tenant whether Landlord will, upon expiration or termination of the Lease Term, require Tenant to remove the subject improvements. If Tenant so requests and if Landlord consents to the alterations, then Landlord will also notify Tenant whether Landlord will require removal of any such alterations or improvements at the expiration or termination of the Lease Term. At the expiration or termination of the Lease Term, Tenant will shall not be required to remove any for work not costing more than $20,000.00 each project and consisting solely of painting, wall covering and carpeting or similar decorating work or furnishings (so long as such alterations work does not involve hazardous materials, and does not fall within category (i) or improvements if (ii) above) and to Tenant may perform such work, so long as Tenant informs Landlord in reasonable detail of the extent that Landlord previously notified Tenant that removal nature of such alterations or improvements would not be required. The the work, and otherwise complies with the provisions of this Paragraph 10.4 will survive expiration or termination of this Lease. Landlord may require Tenant to remove wires, cables and telecommunications equipment pursuant to Paragraph 29. Tenant’s trade fixtures, furniture, equipment, and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. At any time, Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the installation or removal thereof. Tenant must remove Tenant’s Property upon expiration or termination of this Lease pursuant to Paragraph 9.2Section 10.
Appears in 1 contract
Sources: Office/Flex Building Lease (MRS Fields Financing Co Inc)
Repairs and Alterations by Tenant. 10.1 Subject to Paragraph 18, Tenant willcovenants and agrees with Landlord, at Tenant’s 's own cost and expense, to repair or replace any damage done to the ProjectProperty, or any part thereof, including replacement of damaged portions or items, caused by Tenant or Tenant’s 's agents, employees, invitees, or visitorscontractors, and Tenant covenants and agrees to make all such repairs as may be required to shall restore the Project Property to as good a condition as it was in prior to such damage. All such work or repairs by Tenant must , and shall be effected in compliance with all applicable Regulationslaws; provided, however, that if Tenant fails to make such repairs or replacements promptly, then Landlord may, at its option, make repairs repairs, or replacements, Landlord_____ Tenant_____ and Tenant will shall pay (as additional rent) the cost thereof to the Landlord within 10 days of Landlord’s on demand therefor, as additional rentAdditional Rent. The provisions of this Paragraph 10.1 will survive expiration or termination of this Lease.
10.2 Tenant will agrees with Landlord not place or install to make or allow to be placed or installed made any signs on or in alterations to the Premises which are visible from outside except those that cost less than $5,000 and do not affect the Premisesstructure or usability of the Building, without first obtaining the prior written consent of Landlord in each such instance, which consent may be given on such conditions as Landlord may elect.
10.3 . Any alterations, additions or improvements made by or on behalf of Tenant to the Premises (“Tenant Alterations”) will be subject to Landlord’s prior written consent, which consent will not be unreasonably withheld or delayed. Landlord will not be deemed to have unreasonably withheld its consent to any Tenant Alterations if its consent is withheld because such Tenant Alterations: (i) are not consistent with the first-class nature or the architectural character of the Building; (ii) could adversely affect the structure of the Building, the HVAC system or electrical, mechanical, plumbing or other lines or systems in the Building or the Building circuitry; (iii) could increase Landlord’s costs of operating and maintaining the Building unless Tenant pays all such costs; (iv) would violate the terms of any applicable zoning or building laws or ordinances; or (v) include the use of wall covering that is impermeable to humidity or vapor; the foregoing being merely examples of reasons for which Landlord may reasonably withhold its consent and will not be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the foregoing examples. However, with respect to alterations to the Premises comprised solely of cosmetic changes (such as painting and carpeting), or with respect to alterations to the Premises which do not consist solely of cosmetic changes but which cost $30,000 or less per project (for purposes of such determination, multiple alterations that are related will be grouped together) and which do not fall within any of the foregoing factors (i) through (v), Tenant will give Landlord prior written notice (only for such Tenant Alterations costing more than $5,000 (grouped as set forth above)) but need not obtain Landlord’s consent (such Tenant Alterations not requiring Landlord’s consent are referred to herein as “Minor Alterations”). Tenant will cause, at its expense, any Tenant Alterations to comply with applicable insurance requirements and with all applicable Regulations, and will construct at its expense any alteration or modification required by applicable Regulations as a result of any Tenant Alterations. All Tenant Alterations must be constructed in a good and workmanlike manner by contractors reasonably acceptable to Landlord and only good grades of materials may be used. Tenant may not install or cause to be installed in the Premises a wall covering that is impermeable to humidity or vapor. All plans and specifications for any Tenant Alterations requiring Landlord’s consent pursuant this Paragraph 10.3, and a copy of all required permits, must be submitted to Landlord for its approval before the work begins (which approval will not be unreasonably withheld or delayed). Landlord may monitor construction of the Tenant Alterations. Tenant will pay to Landlord as additional rent an amount equal to 3% of the total hard and soft costs of performing and constructing the Tenant Alterations to cover Landlord’s overhead expenses and to compensate Landlord for its services hereunder, and in addition Tenant will reimburse Landlord for Landlord’s reasonable actual out-of-pocket costs for third-party architectural or engineering (or both) review of Tenant’s plans and specifications for such Tenant Alterations; provided, however, that such 3% fee and such reimbursement obligation will not apply to Tenant Alterations comprised solely of Minor Alterations. Landlord’s right to review plans and specifications and to monitor construction will be solely for its own benefit, and Landlord will have no duty to see that such plans and specifications or construction comply with applicable laws, codes, rules and regulations or that such plans and specifications are adequate for Tenant’s use or purposes. Tenant will provide Landlord with the identities and mailing address of all persons performing work or supplying materials, prior to beginning such construction of Tenant Alterations for which Landlord’s consent is required pursuant to this Paragraph 10.3, and Landlord may post on and about the Premises notices of nonresponsibility pursuant to applicable law. Tenant will 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 personal injury and property damage during construction. Tenant will insure any such Tenant Alterations in accordance with Paragraph 17.1(a) (other than the Tenant Work, which shall be insured by Landlord pursuant to Paragraph 17.2). In connection with any Tenant Alterations, Tenant’s contractor must (and its contract must so provide):
(a) conduct its work in such a manner so as not to unreasonably interfere with Project operations, or any other construction occurring on or in the Project or in the Premises;
(b) execute a set of and comply with the Building’s then-current Tenant Contractor Rules and Regulations and comply with all additional rules and regulations relating to construction activities in or on the Project as may be reasonably promulgated from time to time and uniformly enforced by Landlord or its agents;
(c) deliver to Landlord detailed “as built” plans immediately after the alterations or improvements are complete, if requested by Landlord;
(d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work including, but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials and access to the Property; and
(e) perform its work in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and so as not to cause interference with the continuance of work to be performed or services to be rendered to the Project. Without limiting the foregoing, the following work, whether performed as a Tenant Alteration or as an initial leasehold improvements pursuant to the Work Letter (if any) attached hereto, must be performed (and in the event that Tenant engages for or causes the same to be performed, Tenant will cause its contractor to engage such work to be performed) only by subcontractors having collective bargaining agreements with unions affiliated with the Building and Construction Trades Department of the AFL-CIO as of January 1, 2001 (a list of such unions is attached hereto as Exhibit F): (i) any expansion to expand the size of the Premises beyond the size of the initial Premises hereunder, including any tenant improvements in connection with such expansion; (ii) major repairs or replacements of any supplemental heating, ventilation and air conditioning system, or (iii) installation, repair and replacement of any electric panel board and any entry service cables. For Tenant Alterations requiring Landlord’s consent, Landlord will have the right to approve Tenant’s contractor and all subcontractors to be used by Tenant’s contractor, which approval will not be unreasonably withheld or delayed. Tenant and its contractors are hereby prohibited from engaging any contractors or subcontractors that will or may cause labor disharmony. Upon completion of any Tenant Alterations requiring Landlord’s consent, Tenant will deliver to Landlord sworn statements setting forth the names of all contractors, subcontractors and material suppliers who did work on or supplied materials for the Tenant Alterations, and final, unconditional lien waivers from all such contractors, subcontractors and material suppliers in the form required by applicable law. Tenant will have no right to make any repairs, alterations or improvements to, within or on any of the Common Areas. Within ten (10) days following completion of any Tenant Alterations (but not for Minor Alterations), Tenant will cause a Notice of Completion to be recorded in the office of the Recorder of the County in which the Property is located in accordance with Section 3093 of the California Civil Code or any successor statute and furnish a copy thereof to Landlord upon recordation, and Tenant shall timely give all notices required pursuant to Section 3259.5 of the California Civil Code or any successor statute, failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as Tenant’s agent for such purpose. Landlord reserves the right to require that Tenant terminate its contract with Tenant’s contractor if such contractor is engaged in a labor dispute which disrupts such contractor’s work, the work of any other contractor at the Project or the operation of the Project. Landlord will also have the right to order any contractor of Tenant who violates any of Landlord’s requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Project. Tenant agrees that its contractors will not conduct their work in such manner so as to interfere with or cause any interruption of (i) Landlord’s construction, (ii) another tenant’s occupancy or construction, or (iii) other phases of Landlord’s operation of the Project.
10.4 Any and all alterations or improvements to the Premises will become the property of Landlord upon the expiration or earlier termination of this Lease (except but not for movable equipment equipment, trade fixtures or furniture owned by Tenant). , and any and all equipment associated with the provisioning, sales, and service of telecommunications services), but Landlord may, nonetheless, require Tenant to remove any and all fixtures, equipment and other alterations or improvements installed by Tenant on the Premises upon the expiration or earlier termination of this Lease and restore the Premises to Building Standard by prior condition, ordinary wear and tear excepted. In the expiration or termination of this Lease. If event that Landlord so requires elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s 's cost, and Tenant will shall pay Landlord on demand (as additional rent) the cost of restoring the Premises to Building Standard. However, at the time that Tenant requests Landlord’s consent to specific alterations, Tenant may also request that Landlord notify Tenant whether Landlord will, upon expiration or termination of the Lease Term, require Tenant to remove the subject improvements. If Tenant so requests and if Landlord consents to the alterations, then Landlord will also notify Tenant whether Landlord will require removal of any such alterations or improvements at the expiration or termination of the Lease Term. At the expiration or termination of the Lease Term, Tenant will not be required to remove any such alterations or improvements if and to the extent that Landlord previously notified Tenant that removal of such alterations or improvements would not be required. The provisions of this Paragraph 10.4 will survive expiration or termination of this Lease. Landlord may require Tenant to remove wires, cables and telecommunications equipment pursuant to Paragraph 29. Tenant’s trade fixtures, furniture, equipment, and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. At any time, Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the installation or removal thereof. Tenant must remove Tenant’s Property upon expiration or termination of this Lease pursuant to Paragraph 9.2.
Appears in 1 contract