Submission of Plans. Prior to making any Alterations, Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's "Consultant") detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, (ii) shall pay to Landlord all costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon notice to Tenant, Landlord or Landlord's Consultant may assume responsibility, at Tenant's expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall be accomplished within fifteen (15) working days following the date of notice to Tenant that Landlord or Landlord's Consultant is assuming responsibility therefor, subject to any delays caused by the City of New York. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In the event any Alterations are performed by a general partner of Landlord or any entity which is under the common control of Landlord or any general partner of Landlord, the failure by Tenant to pay the cost of such Alterations upon rendition of a ▇▇▇▇ therefor shall be deemed a material default under this Lease. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 2 contracts
Sources: Lease Agreement (Intralinks Inc), Lease Agreement (Intralinks Inc)
Submission of Plans. Prior Except as otherwise expressly set forth herein, prior to making any Alterations, Tenant Tenant
(i) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's "Consultant") detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, (ii) shall pay to Landlord all reasonable costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies or certificates thereof of worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon notice to Tenant, Landlord or Landlord's Consultant may assume responsibility, at shall respond to Tenant with respect to Tenant's expense, to file all submission of detailed plans and obtain specifications within ten (10) business days after receipt of such submission. In the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall be accomplished within fifteen (15) working days following the date of notice to Tenant that event Landlord or Landlord's Consultant is assuming responsibility does not respond within such ten (10) business day period, Tenant may send Landlord a notice stating that, if Landlord does not respond to Tenant's submission within ten (10) business days after receipt by Landlord of such notice, Tenant's submission shall be deemed approved. If Landlord or Landlord's Consultant fails to respond to such notice within ten (10) business days after receipt thereof, Landlord's consent shall be deemed given therefor, subject to any delays caused by the City of New York. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasi-governmental quasigovernmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including including, but not limited to to, the accessibility provisions thereof; all construction materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such construction materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In the event any Alterations are performed by a general partner of Landlord or any entity which is under the common control of Landlord or any general partner of Landlord, the failure agreement except for equipment owned by Tenant and subject to pay purchase money financing security interests of the cost of such Alterations upon rendition of a ▇▇▇▇ therefor shall be deemed a material default under this Leasevendors thereof. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 2 contracts
Sources: Lease Agreement (Nextvenue Inc), Assignment and Amendment of Lease (Talkpoint Communications Inc)
Submission of Plans. Prior to making any Alterations, Tenant shall be solely responsible for the timely (ias more fully set forth below) shall submit preparation and submission to Landlord or to a consultant appointed by Landlord of the schematic design drawings ("“Schematic Design Drawings for Landlord's "Consultant"’s TI Work”), design development drawings (“Design Development Drawings for Landlord’s TI Work”) detailed and of the final full sets of scaled and dimensioned construction documents, including architectural, electrical, mechanical, plumbing, sprinkler, life safety and other construction drawings, plans and specifications (including layout“Construction Drawings for Landlord’s TI Work”, architecturaland together with the Schematic Design Drawings for Landlord’s TI Work and the Design Development Drawings for Landlord’s TI Work, mechanicalthe “TI Plans”) (the final Construction Drawings for Landlord’s TI Work as approved by Landlord and Tenant pursuant to this Section 4.2 being herein referred to as the “Approved TI Plans”) necessary to construct the tenant improvements in the Premises for Tenant’s occupancy, electricalas well as the ancillary equipment to be installed by Landlord as part of Landlord’s TI Work to specifically serve the Premises, plumbing, Class E sprinkler and structural drawings stamped which plans shall (i) be certified by a professional an architect or engineer or architect licensed in the State Commonwealth of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specificationsMassachusetts, (ii) shall pay to Landlord all costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon notice to Tenant, Landlord or Landlord's Consultant may assume responsibility, at Tenant's expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall be accomplished within fifteen (15) working days following the date of notice to Tenant that Landlord or Landlord's Consultant is assuming responsibility therefor, subject to any delays caused by the City of New York. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In the event any Alterations are performed by a general partner of Landlord or any entity which is under the common control of Landlord or any general partner of Landlord, the failure by Tenant to pay the cost of such Alterations upon rendition of a ▇▇▇▇ therefor shall be deemed a material default under this Lease. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance comply with all applicable laws, rules (iii) be submitted to Landlord sufficiently early to meet the Plan Approval Deadlines set forth below and (iv) be subject to approval (in form and substance) by Landlord (which approval shall not be unreasonably withheld, conditioned or regulations delayed). ▇▇▇▇▇▇▇▇’s approval is solely given for the benefit of governmental agencies Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of any of the TI Plans for any purpose whatsoever. Landlord shall respond to any plan submission by Tenant within five (5) business days after (i) Landlord’s receipt of the original submission (except that Landlord shall have seven (7) business days to respond to Tenant’s submission of the Construction Drawings) and (ii) Landlord’s receipt of any resubmission. If Landlord fails to respond within such five (5) business day period, and such failure continues for five (5) business days after notice thereof, the applicable TI Plans shall be deemed approved. In the event Landlord’s approval of the any TI Plans is withheld or authorities.conditioned, Landlord shall send written notification to Tenant (“Landlord’s Notification”) thereof within the applicable period set forth above, which shall include a reasonably detailed statement identifying the reasons for such refusal or condition. Tenant shall promptly (and in any event within five (5) business days after delivery of the applicable Landlord’s Notification) have the Construction Drawings for Landlord’s TI Work incorporate the matters referred to in Landlord’s Notification, or, in the event a Landlord’s Notification is given with respect to the Construction Drawings for Landlord’s TI Work, have such Construction Drawings revised by its architect to incorporate all reasonable objections and conditions presented by ▇▇▇▇▇▇▇▇’s Notification and shall resubmit Construction Drawings for Landlord’s TI Work to Landlord within five (5) business days of Landlord’s Notification. Such process shall be followed until the Construction Drawings for Landlord’s TI Work shall have been approved by Landlord without unreasonable objection or condition. Notwithstanding anything herein to the contrary, Tenant shall submit to Landlord:
Appears in 2 contracts
Sources: Lease Agreement (CarGurus, Inc.), Lease Agreement (CarGurus, Inc.)
Submission of Plans. Prior to making any Alterations, Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's "Consultant") detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed Not later than the respective times set forth therefor in the State Schedule of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, (ii) shall pay to Landlord all costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon notice to Tenant, Landlord or Landlord's Consultant may assume responsibility, at Tenant's expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall be accomplished within fifteen (15) working days following the date of notice to Tenant that Landlord or Landlord's Consultant is assuming responsibility therefor, subject to any delays caused by the City of New York. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) Performance and in accordance with the Americans provisions set forth in Attachment No. 7, Developer shall submit to City the Plans for the Project to be constructed on the Site by Developer. In connection with Disabilities Act processing any Plans, the City shall have the right to request such additional information or detail as City shall determine reasonably necessary in order for City to act upon any proposed submission, and the period for City review under the Schedule of 1990, including but Performance shall not limited commence until each submission is so completed. All Plans submitted to the accessibility provisions City must be approved, conditionally approved or disapproved or rejected by City within the time set forth in this Agreement. City shall consider such plans in light of all Governmental Requirements, the Entitlements and any other Plans which have been previously approved by City, and architectural review requirements and aesthetic concerns and all AAA Four Diamond Requirements relating to the appearance of the Project (and the Design and Finish thereof; ) and to the appearance of all materials and equipment public spaces to be incorporated constructed in connection with the Premises Project. The City and Developer shall communicate and consult informally, as a result frequently as is necessary, to ensure that the formal submission of all Alterations documents and Plans to the City can receive reasonably prompt and speedy consideration. Any approval by the City for purposes of this Agreement shall not waive, limit or satisfy any requirement for approval from the City under any Governmental Requirements or be new and first qualityconstrued or understood to create any time period or deadline for the City with respect to such actions in its municipal capacity; no nor shall anything herein be construed to require the City to act in any particular way in connection with its approval of such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreementplans. In the event of any Alterations are performed by a general partner disapproval, City shall, concurrently with delivery of Landlord or any entity which is under the common control of Landlord or any general partner of Landlord, the failure by Tenant to pay the cost notice of such Alterations upon rendition of a disapproval to ▇▇▇▇▇▇▇▇▇, inform ▇▇▇▇▇▇▇▇▇ therefor in writing of the reasons for disapproval and the required changes to the Plans or other submissions. Developer shall have ten (10) business days from receipt of any notice from the City specifying required changes (“Plan Disapproval Notice”), within which to notify City that Developer agrees to make such changes or objects to any requested changes. If Developer does not notify City in writing within such 10-day period of its objections to the requested changes, Developer shall be deemed to have approved all of such requested changes. If Developer timely notifies City of its objections to the requested changes, then the City and Developer shall meet at a material default under this Lease. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on mutually acceptable time to discuss the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.differences within ten
Appears in 1 contract
Sources: Operating Covenant Agreement
Submission of Plans. Prior to making any AlterationsWithin the time mutually agreed by both parties, Tenant (i) the LESSEE shall submit to Landlord or to a consultant appointed the construction plan for the proposed installations, improvements, lighting fixtures, floor covering, and other installations as may be required by Landlord ("Landlord's "Consultant") detailed plans the nature and specifications (including layoutpurpose of its business, architecturaland only after receipt of LESSOR’s prior written approval of the said floor plan, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and which approval shall not commence any such Alteration without first obtaining Landlord's approval be unreasonably withheld, and submission to the LESSOR by the LESSEE of such plans the necessary construction bond, the amount of which shall be solely determined by the LESSOR, shall LESSEE install and specifications, (ii) shall pay to Landlord all costs maintain said installations and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, improvements at its own expense. Any subsequent additions, obtain alterations or changes to the approved plans shall be made only upon written consent of the LESSOR, which shall not be unreasonably withheld. The LESSEE shall also be responsible for securing all permits, approvals and certificates required by any governmental the necessary government permits or quasi-governmental bodies, and (iv) licenses as well as pay all taxes necessary for its operations. The LESSEE shall furnish to Landlord duplicate original policies the LESSOR copies of worker's compensation insurance (covering all persons to be employed by Tenant, the said permits and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon notice to Tenant, Landlord licenses or Landlord's Consultant may assume responsibility, at Tenant's expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall be accomplished within any renewal thereof fifteen (15) working days following from the start of the LESSEE’s business and every renewal date thereof as required by law. The LESSEE must make a declaration of notice to Tenant that Landlord or Landlord's Consultant is assuming responsibility thereforits maximum electrical load and enumerate thereat, subject to any delays caused in the checklist provided by the City LESSOR, the electrical fixtures, appliances, equipment, facilities, etc.”
12) The 3rd paragraph of New YorkArticle 6 shall be amended to read as follows: “Furthermore, the installation of additional plumbing, electrical appliances/equipment, telephone and teletype in the premises shall be for the account of and expense of the LESSEE, and only after obtaining the prior written consent and approval of the LESSOR, which shall not be unreasonably withheld. Upon completion Such installation(s) should be made in such a way as not to cause damage to the premises. Provided, however, that in the installation of additional electrical appliances wherein extra electrical outlets will be needed, the LESSEE shall first furnish the LESSOR with plans of such Alterationadditional outlets for the LESSOR’s prior written approval, Tenantwhich shall not be unreasonably withheld. The LESSEE shall, at Tenant's expenseall times, cooperate with the LESSOR’s agent/representative in the LESSOR’s regular inspection of the LESSEE’s electrical load. For this reason, the LESSEE shall obtain certificates use only duly licensed electrician(s) who must ensure that the additional load of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations current shall be made and performed in accordance within the capacity of the main switch of the panel on the corresponding floor. The LESSEE further binds itself to comply strictly with the Rules and Regulations (hereinafter definedrequirements of the Fire Department and/or Government Electrician. Any violation of this provision shall make LESSEE liable for damages which may result directly or indirectly therefrom.”
13) and in accordance with the Americans with Disabilities Act of 1990, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations Article 7 shall be new and first quality; no such materials or equipment shall be subject amended to any lien, encumbrance, chattel mortgage or title retention or security agreement. In the event any Alterations are performed by a general partner of Landlord or any entity which is under the common control of Landlord or any general partner of Landlord, the failure by Tenant to pay the cost of such Alterations upon rendition of a ▇▇▇▇ therefor shall be deemed a material default under this Lease. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.read as follows:
Appears in 1 contract
Submission of Plans. Prior to making any Alterations, other than Minor Alterations, Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's "Consultant") three (3) sets of detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E proposed floor and electrical loads, sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, which approval shall not be unreasonably withheld, delayed or conditioned, (ii) shall pay to Landlord all out-of-pocket costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by evidence that Tenant, and Tenant's contractors and subcontractors engaged in connection with such Alteration) and comprehensive public liability (including property damage coverage) Alterations, are carrying such insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon notice to Tenant, Landlord or Landlord's Consultant may assume responsibility, at Tenant's expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall be accomplished within fifteen (15) working days following the date of notice to Tenant that Landlord or Landlord's Consultant is assuming responsibility therefor, subject to any delays caused by the City of New York. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, Alteration required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof, including the "as-built" drawings showing such Alterations. In the event Landlord fails to respond to Tenant's request for consent to Alterations within fifteen (15) days of Tenant's submission to Landlord of Tenant's plans, said plans (and any resubmission of same in the event such plans are reasonably disapproved by Landlord within the applicable period) shall deemed to be approved by Landlord, and Tenant shall be entitled to commence construction of the Tenant's Alterations. If Landlord objects to or disapproves of any of Tenant's plans, it shall state its objections in writing, with reasonable specificity such that Tenant may amend its plans accordingly and re-submit same to Landlord for approval in accordance herewith. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with all applicable laws and ordinances, including the Americans with Disabilities Act of 1990, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first qualityquality of at least equal to Building standard; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In the event any Alterations are performed by a general partner of Landlord or any entity which is under the common control of Landlord or any general partner of Landlord, the failure by Tenant to pay the cost of such Alterations upon rendition of a ▇▇▇▇ therefor shall be deemed a material default under this Lease. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract
Submission of Plans. Prior to making any Alterations, Tenant (iI) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's "Consultant") detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval acceptance of such plans and specifications, which acceptance shall not be unreasonably withheld, conditioned or delayed with respect to Non-Structural Alterations only, (ii) shall pay to Landlord all reasonable costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specificationsspecifications (provided, however, Landlord agrees to waive its right to reimbursement of such costs incurred in connection with Landlord's Initial Construction), (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by evidence that Tenant, and Tenant's contractors and subcontractors engaged in connection with such Alteration) and comprehensive public liability (including property damage coverage) Alterations, are carrying such insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord as more particularly set forth in Schedule C annexed hereto and its agents as additional insureds. Upon notice to Tenant, Landlord or Landlord's Consultant may assume responsibility, at Tenant's expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall be accomplished within fifteen (15) working days following the date of notice to Tenant that Landlord or Landlord's Consultant is assuming responsibility therefor, subject to any delays caused by the City of New Yorkmade a part hereof. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain any certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment to be incorporated into the Premises shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In the event any Alterations are performed by a general partner of Landlord or any entity which is under the common control of Landlord or any general partner of Landlord, the failure by Tenant to pay the cost of such Alterations upon rendition of a ▇▇▇▇ therefor shall be deemed a material default under this Lease. Landlord's approval acceptance of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract
Submission of Plans. Prior to making any Alterations, Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's "Consultant") detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval acceptance of such plans and specifications, which acceptance shall be granted or withheld in accordance with the terms of Subsection A hereof, (ii) shall pay to Landlord all reasonable out-of-pocket costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by evidence that Tenant, and Tenant's contractors and subcontractors engaged in connection with such Alteration) and comprehensive public liability (including property damage coverage) Alterations, are carrying such insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord as more particularly set forth in Schedule D annexed hereto and its agents as additional insureds. Upon notice to Tenant, Landlord or Landlord's Consultant may assume responsibility, at Tenant's expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall be accomplished within fifteen (15) working days following the date of notice to Tenant that Landlord or Landlord's Consultant is assuming responsibility therefor, subject to any delays caused by the City of New Yorkmade a part hereof. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" or marked drawings showing such Alterations, required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In the event any Alterations are performed by a general partner of Landlord Landlord's designated contractor or any entity which is under the common control an affiliate of Landlord or any general partner or managing member of Landlord, the failure by Tenant to pay the cost of such Alterations upon within ten (10) business days after rendition of a ▇▇▇▇ therefor and notice and a reasonable opportunity to cure shall be deemed a material default under this Lease. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract
Submission of Plans. Prior Except as permitted in Subsection A hereof, prior to making any Alterations, Tenant Tenant
(i) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's "Consultant") detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval acceptance of such plans and specifications, which approval shall be granted or withheld in accordance with the terms of Subsection A hereof, (ii) shall pay to Landlord all reasonable third party costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by evidence that Tenant, and Tenant's contractors and subcontractors engaged in connection with such AlterationAlterations, are carrying such insurance as Landlord requires, as more particularly set forth in Schedule C annexed hereto and made a part hereof. Landlord shall respond to Tenant's request for acceptance of any plans and specifications within ten (10) business days following the submission of such plans and comprehensive public liability specifications prepared in accordance with the terms hereof. In the event Landlord shall fail to accept all or a portion of any of Tenant's plans and specifications, such failure to accept same shall be set forth in writing and shall include the reasons therefor in reasonable detail, in which event Tenant shall revise such plans and specifications and resubmit same to Landlord. Landlord shall respond to Tenant's request for acceptance of any such revised plans within five (including property damage coverage5) insurance business days following resubmission. In the event Landlord fails to respond to Tenant's request for Landlord's acceptance of the proposed plans and specifications within such ten (10) or five (5) business day period (as applicable), Tenant may send a second (2nd) written request stating in bold type that "LANDLORD'S FAILURE TO RESPOND TO TENANT'S REQUEST FOR LANDLORD'S ACCEPTANCE OF THE PLANS AND SPECIFICATIONS WITHIN TEN (10) BUSINESS DAYS OF THIS SECOND (2ND) REQUEST SHALL BE DEEMED LANDLORD'S ACCEPTANCE OF SUCH PROPOSED PLANS AND SPECIFICATIONS." A copy of such form, with second (2nd) notice must be simultaneously sent to Landlord's counsel (or such companies, for such periods and in such amounts other parties as Landlord may reasonably require, naming from time to time designate) in accordance with the notice provisions of Article 27 of this Lease in order for the same to be deemed effective. The failure of Landlord and its agents as additional insureds. Upon notice to respond to Tenant, Landlord or 's second (2nd) request within such ten (10) business days shall be deemed to be Landlord's Consultant may assume responsibility, at Tenant's expense, to file all acceptance of such plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall be accomplished within fifteen (15) working days following the date of notice to Tenant that Landlord or Landlord's Consultant is assuming responsibility therefor, subject to any delays caused by the City of New Yorkspecifications. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" or marked drawings showing such Alterations, required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In the event any Alterations are performed by a general partner of Landlord or any entity which is under the common control of Landlord or any general partner of Landlord, the failure by Tenant to pay the cost of such Alterations upon rendition of a ▇▇▇▇ therefor shall be deemed a material default under this Lease. Landlord's approval acceptance of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract
Submission of Plans. Prior to making any AlterationsAlterations requiring Landlord's consent, Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's "ConsultantLANDLORD'S CONSULTANT") detailed plans and specifications (including including, if applicable, layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, which approval shall be granted or denied within twenty (20) days after Tenant's written request therefor, (ii) shall pay to Landlord all reasonable actual out-of-pocket costs and expenses incurred by Landlord (including the cost of Landlord's Consultant, provided same is an unrelated third party) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably requireapprove, naming Landlord and its agents as additional insureds. Upon notice to Tenant, Landlord or Landlord's Consultant may assume responsibility, at Tenant's expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall be accomplished within fifteen (15) working days following the date of notice to Tenant that Landlord or Landlord's Consultant is assuming responsibility therefor, subject to any delays caused by the City of New York. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasi-governmental quasigovernmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (as hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first of good quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In the event any Alterations are performed by a general partner of Landlord or any entity which is under the common control of Landlord or any general partner of Landlord, the failure by Tenant to pay the cost of such Alterations upon rendition of a ▇▇▇▇ therefor shall be deemed a material default under this Lease. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract
Sources: Lease Agreement (Viatel Inc)
Submission of Plans. Prior to making any Alterations, Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("“Landlord's "’s Consultant"”) detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's ’s approval of such plans and specifications, which approval shall not be unreasonably withheld, delayed or otherwise conditioned, (ii) shall pay to Landlord all the reasonable costs and expenses incurred by Landlord (including the reasonable cost of Landlord's ’s Consultant) in connection with Landlord's ’s review of Tenant's ’s plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by reasonable evidence that Tenant, and Tenant's ’s contractors and subcontractors engaged in connection with such Alteration) and comprehensive public liability (including property damage coverage) Alterations, are carrying such insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord as more particularly set forth in Schedule “D” annexed hereto and its agents as additional insureds. Upon notice to Tenant, Landlord or Landlord's Consultant may assume responsibility, at Tenant's expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall be accomplished within fifteen (15) working days following the date of notice to Tenant that Landlord or Landlord's Consultant is assuming responsibility therefor, subject to any delays caused by the City of New Yorkmade a part hereof. Upon completion of such Alteration, Tenant, at Tenant's ’s expense, shall obtain certificates of final approval of such Alteration, including the "“as-built" ” drawings showing such Alterations, if same are required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, as amended, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In the event Tenant agrees to allow Landlord’s designated contractor to bid on any Alterations are to be performed by a general partner or on behalf of Landlord or any entity which Tenant. If Landlord’s designated contractor is under the common control of Landlord or any general partner of Landlordlowest bidding contractor, Tenant agrees to award the failure by Tenant to pay contract for the cost performance of such Alterations upon rendition of a ▇▇▇▇ therefor shall be deemed a material default under this Leaseto such contractor. Landlord's ’s approval of Tenant's ’s plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract
Submission of Plans. Prior to making any AlterationsAlterations that require Landlord’s consent, Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("“Landlord's "’s Consultant"”) detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's ’s approval of such plans and specifications, (ii) shall pay to Landlord all reasonable, out of pocket costs and expenses incurred by Landlord (including the cost of Landlord's ’s Consultant) in connection with Landlord's ’s review of Tenant's ’s plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by evidence that Tenant, and Tenant's ’s contractors and subcontractors engaged in connection with such Alteration) and comprehensive public liability (including property damage coverage) Alterations, are carrying such insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord as more particularly set forth in Exhibit “E” annexed hereto and its agents as additional insuredsmade a part hereof. Upon notice Notwithstanding anything to Tenantthe contrary herein, Landlord nothing herein shall require Tenant to pay any costs or expenses or obtain any approvals or permits with respect to Landlord's Consultant may assume responsibility, at Tenant's expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall be accomplished within fifteen (15) working days following the date of notice to Tenant that Landlord or Landlord's Consultant is assuming responsibility therefor, subject to any delays caused by the City of New York’s Initial Construction. Upon completion of such Alteration, Tenant, at Tenant's ’s expense, shall obtain certificates of final approval of such Alteration, including the "“as-built" ” drawings showing such Alterations, required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, as amended, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In the event Tenant agrees to allow Landlord’s designated contractor to bid on any Alterations are to be performed by a general partner or on behalf of Landlord or any entity which is under the common control of Landlord or any general partner of Landlord, the failure by Tenant to pay the cost of such Alterations upon rendition of a ▇▇▇▇ therefor shall be deemed a material default under this LeaseTenant. Landlord's ’s approval of Tenant's ’s plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract
Sources: Lease Agreement (Yodle Inc)
Submission of Plans. Prior to making any AlterationsAlterations (except for Decorative Changes), Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's "Consultant") detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, (ii) shall pay to Landlord all reasonable costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, which amount shall not exceed $3,500.00, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by evidence that Tenant, and Tenant's contractors and subcontractors engaged in connection with such Alteration) and comprehensive public liability (including property damage coverage) Alterations, are carrying such insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming as more particularly set forth in Schedule E annexed hereto and made a part hereof. Landlord and its agents as additional insureds. Upon notice to Tenant, Landlord shall approve or Landlord's Consultant may assume responsibility, at disapprove Tenant's expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall be accomplished specifications for such Alterations within fifteen ten (1510) working days following the date of notice to Tenant that Landlord or Landlord's Consultant is assuming responsibility therefor, subject to any delays caused by the City of New Yorkbusiness days. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In the event Tenant agrees to allow Landlord's designated contractor to bid on any Alterations are to be performed by a general partner or on behalf of Landlord or any entity which is under the common control of Landlord or any general partner of Landlord, the failure by Tenant to pay the cost of such Alterations upon rendition of a ▇▇▇▇ therefor shall be deemed a material default under this LeaseTenant. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract
Submission of Plans. (i) Prior to making any Alterations, Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("“Landlord's "’s Consultant"”) detailed plans and specifications (including Including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's ’s approval of such plans and specificationsspecifications which approval shall not be unreasonably withheld, conditioned or delayed, (ii) shall pay to Landlord all reasonable costs and expenses incurred by Landlord (including the cost of Landlord's ’s Consultant) in connection with Landlord's ’s review of Tenant's ’s plans and specificationsspecifications up to a maximum of $4,500.00 for each review (however, the payment to Landlord by Tenant of such cost and expenses shall be limited to actual out-of-pocket expenses in connection with Tenant’s Initial Alteration Work), (iii) shall, at its Tenant’s sole cost and expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodiesbodies (provided that Landlord shall reasonably cooperate with Tenant and reasonably assist Tenant in Tenant’s obtaining any permits, approvals or certificates, including any permits, approvals or certificates required by the Landmarks Preservation Commission, however such cooperation shall be limited to execution of any required filings, which require a signature by landlord, and shall all be at no cost or expense to Landlord), and (iv) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by evidence that Tenant, . and Tenant's ’s contractors and subcontractors engaged in connection with such Alteration) Alterations, are carrying such insurance as set forth in Schedule C annexed hereto and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon notice to Tenant, Landlord or Landlord's Consultant may assume responsibility, at Tenant's expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall be accomplished within fifteen (15) working days following the date of notice to Tenant that Landlord or Landlord's Consultant is assuming responsibility therefor, subject to any delays caused by the City of New Yorkmade a part hereof. Upon completion of such Alteration, Tenant, at Tenant's ’s sole cost and expense, shall obtain certificates of final approval of such Alteration, including the "“as-built" ” drawings showing such Alterations, required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, as amended, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In the event any Alterations are performed by a general partner of Landlord or any entity which is under the common control of Landlord or any general partner of Landlord, the failure by Tenant to pay the cost of such Alterations upon rendition of a ▇▇▇▇ therefor shall be deemed a material default under this Lease. Landlord's ’s approval of Tenant's ’s plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
(ii) To the extent Landlord’s review and approval of Tenant’s plans and/or specifications is required pursuant to this Article, Landlord shall promptly review, in good faith, Tenant’s plans and specifications submitted for Landlord’s approval under this Article and shall notify Tenant within fifteen (15) days of the receipt thereof that Landlord either; (i) approves Tenant’s plans and specifications as so submitted, (ii) disapproves Tenant’s plans and specifications (stating the reasons therefor with reasonable specificity), (iii) requires clarification or additional information or {iv) has engaged the services of an outside consultant to review Tenant’s plans and specifications (an “Outside Consultant Notice”). If Landlord fails to respond to Tenant’s submission of Tenant’s plans and specifications within fifteen (15) day period, Tenant may give a notice to Landlord referencing this Article 3(D)(ii) and stating in bold, 14- point font the following: “YOU AS LANDLORD HAVE FAILED TO TIMELY RESPOND TO TENANTS REQUEST FOR LANDLORD TO CONSENT TO TENANTS PLANS AND SPECIFICATIONS PURSUANT TO ARTICLE 3 OF THE LEASE OF A PORTION OF THE 11th FLOOR AT ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇, AND YOUR FAILURE TO RESPOND TO TENANT ON OR BEFORE THE DATE WHICH IS FIVE (5) BUSINESS DAYS AFTER YOUR RECEIPT OF THIS NOTICE SHALL BE DEEMED A WAIVER APPROVAL OF THE ALTERATIONS IDENTIFIED WITH SUFFICIENT DETAIL IN SUCH PLANS AND SPECIFICATIONS.” After receipt of such second notice, if Landlord fails to respond to Tenant’s Plans within such five (5) business day period, Landlord shall be deemed to have granted approval to Tenant’s Plans specifications. If Landlord delivers an Outside Consultant Notice within the time period set forth above, the effect thereof shall be to extend by five (5) business days the number of days that Landlord shall have to respond to Tenant’s plans and specifications.
(iii) Promptly following the substantial completion of any Alterations, Tenant shall submit to Landlord: (a) one (1) sepia and one (1) copy on floppy disk (using a current version of Autocad or such other similar software as is then commonly in use) of final, “as-built” CAD drawings and plans for the Premises showing all such Alterations and demonstrating that such Alterations were performed substantially in accordance with plans and specifications first approved by Landlord and (b) an itemization of Tenant’s total construction costs, detailed by contractor, subcontractors, vendors and materialmen; bills, receipts, lien waivers and releases from all contractors, subcontractors, vendors and materialmen; architects’ and Tenant’s certification of completion, payment and acceptance, and all governmental approvals and confirmations of completion for such Alterations.
Appears in 1 contract
Submission of Plans. Prior to making any Alterations, Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("“Landlord's "’s Consultant"”) detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's ’s approval of such plans and specifications, (ii) shall pay to Landlord all costs and expenses incurred by Landlord (including the cost of Landlord's ’s Consultant) in connection with Landlord's ’s review of Tenant's ’s plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies of worker's ’s compensation insurance (covering all persons to be employed by Tenant, and Tenant's ’s contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon notice to Tenant, Landlord or Landlord's ’s Consultant may assume responsibility, at Tenant's ’s expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall be accomplished within fifteen (15) working days following the date of notice to Tenant that Landlord or Landlord's ’s Consultant is assuming responsibility therefor, subject to any delays caused by the City of New York. Upon completion of such Alteration, Tenant, at Tenant's ’s expense, shall obtain certificates of final approval of such Alteration, including the "“as-built" ” drawings showing such Alterations, required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and arid performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 19901 990, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In the event any Alterations are performed by a general partner of Landlord or any entity which is under the common control of Landlord or any general partner of Landlord, the failure by Tenant to pay the cost of such Alterations upon rendition of a ▇▇▇▇ therefor shall be deemed a material default under this Lease. Landlord's ’s approval of Tenant's ’s plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract
Sources: Lease Agreement (Intralinks Inc)
Submission of Plans. Prior to making any AlterationsWithin the time provided for by the LESSOR, Tenant (i) the LESSEE shall submit to Landlord or to a consultant appointed the construction plan for the proposed installations, improvements, lighting fixtures, floor covering, and other installations as may be required by Landlord ("Landlord's "Consultant") detailed plans the nature and specifications (including layoutpurpose of its business, architecturaland only after receipt of LESSOR’s prior written approval of the said floor plan, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and which approval shall not commence any such Alteration without first obtaining Landlord's approval be unreasonably withheld, and submission to the LESSOR by the LESSEE of such plans the necessary construction bond, the amount of which shall be solely determined by the LESSOR, shall LESSEE install and specifications, (ii) shall pay to Landlord all costs maintain said installations and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, improvements at its own expense. Any subsequent additions, obtain alterations or changes to the approved plans shall be made only upon written consent of the LESSOR. The LESSEE shall also be responsible for securing all permits, approvals and certificates required by any governmental the necessary government permits or quasi-governmental bodies, and (iv) licenses as well as pay all taxes necessary for its operations. The LESSEE shall furnish to Landlord duplicate original policies the LESSOR copies of worker's compensation insurance (covering all persons to be employed by Tenant, the said permits and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon notice to Tenant, Landlord licenses or Landlord's Consultant may assume responsibility, at Tenant's expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall be accomplished within any renewal thereof fifteen (15) working days following from the start of the LESSEE’s business and every renewal date thereof as required by law. The LESSEE must make a declaration of notice to Tenant that Landlord or Landlord's Consultant is assuming responsibility thereforits maximum electrical load and enumerate thereat, subject to any delays caused in the checklist provided by the City LESSOR, the electrical fixtures, appliances, equipment, facilities, etc. With the prior written approval of New Yorkthe LESSOR, the LESSEE may install the necessary installations as may be required by its business provided the strength and general structure of the building or the premises are not thereby altered or otherwise adversely affected and, provided further, that the other conditions of this Contract are not thereby violated. Upon completion Furthermore, the installation of additional plumbing, electrical appliances/equipment, telephone and teletype in the premises shall be for the account of and expense of the LESSEE, and only after obtaining the prior written consent and approval of the LESSOR. Such installation(s) should be made in such a way as not to cause damage to the premises. Provided, however, that in the installation of additional electrical appliances wherein extra electrical outlets will be needed, the LESSEE shall first furnish the LESSOR with plans of such Alteration, Tenantadditional outlets for the LESSOR’s prior written approval. The LESSEE shall, at Tenant's expenseall times, cooperate with the LESSOR’s agent/representative in the LESSOR’s regular inspection of the LESSEE’s electrical load. For this reason, the LESSEE shall use only duly licensed electrician(s) who must ensure that the additional load of current shall be within the capacity of the main switch of the panel on the corresponding floor. The LESSEE further binds himself to comply strictly with the requirements of the Fire Department and/or Government Electrician. Any violation of this provision shall make LESSEE liable for damages which may result directly or indirectly therefrom. The LESSOR reserves the right to refuse any alterations, additions or improvements requested by the LESSEE if, in LESSOR’s opinion, there is just cause to warrant such refusal. STANDARD GTC – CYBERGATE (OFFICE) It is further agreed that all such installations and improvements, except the movable furniture put in at the expense of the LESSEE, shall obtain certificates of final approval of such Alterationremain upon, including the "as-built" drawings showing such Alterations, required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance surrendered with the Rules and Regulations (hereinafter defined) and in accordance with premises as part thereof at the Americans with Disabilities Act termination of 1990, including but not limited the lease without compensation to the accessibility provisions thereof; all materials LESSEE, and equipment without prejudice to be incorporated in the Premises as a result right of all Alterations shall be new and first quality; no such materials or equipment shall be subject the LESSOR to any lien, encumbrance, chattel mortgage or title retention or security agreement. In require the event any Alterations are performed by a general partner of Landlord or any entity which is under LESSEE to restore the common control of Landlord or any general partner of Landlord, the failure by Tenant premises to pay the cost of such Alterations upon rendition of a ▇▇▇▇ therefor shall be deemed a material default under this Lease. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authoritiesits original tenantable condition.
Appears in 1 contract
Submission of Plans. Prior to making any Alterations, Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's "Consultant") detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, which approval shall be granted or withheld in accordance with the terms of Subsection A hereof, (ii) shall pay to Landlord all reasonable out-of-pocket costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by evidence that Tenant, and Tenant's contractors and subcontractors engaged in connection with such Alteration) and comprehensive public liability (including property damage coverage) Alterations, are carrying such insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord as more particularly set forth in Schedule F annexed hereto and its agents as additional insureds. Upon notice to Tenant, Landlord or Landlord's Consultant may assume responsibility, at Tenant's expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall be accomplished within fifteen (15) working days following the date of notice to Tenant that Landlord or Landlord's Consultant is assuming responsibility therefor, subject to any delays caused by the City of New Yorkmade a part hereof. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" or marked drawings showing such Alterations, required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In the event any Alterations are performed by a general partner of Landlord Landlord's designated contractor or any entity which is under the common control an affiliate of Landlord or any general partner or managing member of Landlord, the failure by Tenant to pay the cost of such Alterations upon within ten (10) business days after rendition of a ▇▇▇▇ therefor and notice and a reasonable opportunity to cure shall be deemed a material default under this Lease. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract
Submission of Plans. Prior to making any Alterations, On or before the date which is thirty (30) days after the execution of this Lease (the “Plan Submittal Date”) Tenant (i) shall submit deliver to Landlord or to a consultant appointed by Landlord architectural construction drawings ("Landlord's "Consultant"which shall include (I) detailed furniture plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State showing details of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, space occupancy; (ii) shall pay to Landlord all costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, reflected ceiling plans; (iii) shall, at its expense, obtain all permits, approvals partition and certificates required by any governmental or quasi-governmental bodies, and door location plans; (iv) shall furnish to Landlord duplicate original policies of worker's compensation insurance electrical and telephone plans noting any special requirements; (covering all persons v) fire safety systems; (vi) detail plans; (vii) mechanical and electrical drawings for the Premises; and (viii) finish plans and schedules) and specifications for the Tenant Improvements to be employed by Tenant, and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon notice to Tenant, Landlord or Landlord's Consultant may assume responsibility, at Tenant's expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall be accomplished within fifteen (15) working days following the date of notice to Tenant that Landlord or Landlord's Consultant is assuming responsibility therefor, subject to any delays caused by the City of New York. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules Premises. Such architectural drawings and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment specifications shall be subject to any lienLandlord’s prior written approval, encumbrancewhich approval shall not be unreasonbly withheld or delayed, chattel mortgage or title retention or security agreementwithin seven (7) days of receipt by Landlord of a complete set of such architectural construction drawings and specifications. In If Landlord does not approve the event any Alterations are performed by a general partner same, Landlord shall advise Tenant in writing generally of Landlord or any entity which is under the common control of Landlord or any general partner of changes required in such architectural construction drawings and specifications so that they will meet with Landlord’s approval. Tenant shall cause Tenant’s architects and engineers to revise such architectural construction drawings and specifications pursuant to Landlord’s comments and to deliver to Landlord, the failure within seven (7) days after receipt by Tenant to pay the cost of such Alterations upon rendition of a ▇▇▇▇ therefor comments, revised architectural construction drawings and specifications noting the changes for Landlord’s approval. Landlord shall be deemed a material default under this Lease. Landlord's approval of Tenant's plans, continue to comment on such architectural construction drawings and specifications and working Tenant shall continue to revise said architectural construction drawings for Alterations shall create no responsibility or liability on and specifications are approved by Landlord. Such architectural construction drawings and specifications when approved by Landlord are referred to herein as the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities“Plans”.
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Submission of Plans. Prior to making any Alterations, Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's "Consultant") detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specificationsspecifications (which approval shall be granted or withheld in accordance with the terms of this Article 3), (ii) shall pay to Landlord all costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specificationsspecifications (which, with respect to Landlord's review of Tenant's plans and specifications for Tenant's Initial Alteration, shall not exceed $2,000.00), (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall iv)shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon notice to Tenant, Landlord or Landlord's Consultant may assume responsibility, at Tenant's expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall be accomplished within fifteen (15) working days following the date of notice to Tenant that Landlord or Landlord's Consultant is assuming responsibility therefor, subject to any delays caused by the City of New York. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. Landlord agrees not to withhold or delay unreasonably its consent to any Alterations proposed to be made by Tenant to adapt the Premises for those business purposes permitted by subsection A of Article 2 hereof, which are nonstructural and which do not affect the Building's mechanical, electrical, plumbing, Class E or other Building systems or the structural integrity of the Building, provided that such Alterations are performed only by contractors or mechanics reasonably approved by Landlord, do not affect any part of the Building other than the Premises, do not affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building, do not reduce the value or utility of the Building and are performed in compliance with all applicable laws. Tenant shall not perform work which would (i) require changes to the structural components of the Building or the exterior design of the Building, (ii) require any material modification to the Building's mechanical, electrical, plumbing installations or other Building installations outside the Premises, (iii) not be in compliance with all applicable laws, rules, regulations and requirements of any governmental department having jurisdiction over the Building and/or the construction of the Premises, including but not limited to, the Americans with Disabilities Act of 1990, or (iv) be incompatible with the Certificate of Occupancy for the Building. In the event any Alterations are performed by a general partner of contractors approved by Landlord or any entity which is under the common control an affiliate of Landlord or any general partner or managing member of Landlord, the failure by Tenant to pay the cost of such Alterations upon rendition of a ▇▇▇▇ therefor therefore shall be deemed a material default under this Lease. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract
Sources: Lease Agreement (Thrupoint Inc)
Submission of Plans. Prior to making any Alterations, Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's "Consultant") detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specificationsspecification, (ii) shall pay to Landlord all costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon notice to Tenant, Landlord or Landlord's Consultant may assume responsibility, at Tenant's expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall be accomplished within fifteen (15) working days following the date of notice to Tenant that Landlord or Landlord's Consultant is assuming responsibility therefor, subject to any delays caused by the City of New York. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lienLien, encumbrance, chattel mortgage or title retention or security agreement. In the event any Alterations are performed by a general partner of Landlord or any entity which is under the common control of Landlord or any general partner of Landlord, the failure by Tenant to pay the cost of such Alterations upon rendition of a ▇▇▇▇ therefor shall be deemed a material default under this Lease. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract
Sources: Lease Agreement (Thrupoint Inc)
Submission of Plans. Prior to making any AlterationsAlterations (other than Minor Alterations or any emergency repairs), Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("“Landlord's "’s Consultant"”) a set of detailed plans and specifications (including including, if applicable, layout, architectural, mechanical, electrical, plumbing, Class E proposed floor and electrical loads, sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New YorkMaryland) for each proposed Alteration and the form required by paragraph (H) below and shall not commence any such Alteration without first obtaining Landlord's ’s approval of such plans and specifications, which approval shall not be unreasonably withheld, delayed or conditioned, and the Alterations list, (ii) shall pay to Landlord all actual and reasonable third party costs and expenses incurred by Landlord (including the reasonable cost of Landlord's ’s Consultant) in connection with Landlord's ▇▇▇▇▇▇▇▇’s review of Tenant's ’s plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by evidence that Tenant, and Tenant's ▇▇▇▇▇▇’s contractors and subcontractors engaged in connection with such Alteration) and comprehensive public liability (including property damage coverage) Alterations, are carrying such insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon notice to Tenant, Landlord or Landlord's Consultant may assume responsibility, at Tenant's expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall be accomplished within fifteen (15) working days following the date of notice to Tenant that Landlord or Landlord's Consultant is assuming responsibility therefor, subject to any delays caused by the City of New York. Upon completion of such Alteration, Tenant, at Tenant's ’s expense, shall obtain any certificates of final approval of such Alteration, including the "any “as-built" ” drawings showing such Alterations, Alterations that may be required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Landlord’s Rules and Regulations (hereinafter defined) Requirements and in accordance with all applicable laws and ordinances, including the Americans with Disabilities Act of 1990, including but not limited to the accessibility provisions thereof; unless approved by Landlord, all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; the same quality as utilized in Landlord’s Work, and no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In the event agreement unless required by an entity financing any Alterations are performed by a general partner of Landlord or any entity which is under the common control of Landlord or any general partner of Landlord, the failure by Tenant to pay the cost of such Alterations upon rendition of a and Landlord approved such financing in advance. ▇▇▇▇▇▇▇▇ therefor agrees to approve or ▇▇▇▇ ▇▇▇▇▇▇’s proposed Alterations within twenty (20) days after ▇▇▇▇▇▇▇▇’s receipt of the applicable plans and specifications; if Landlord fails to respond to the request for approval within such twenty (20) day period, then Tenant shall be deemed send a material default under this Lease. Landlord's second request for approval of Tenant's plans, specifications and working drawings for Alterations Landlord shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.respond within ten
Appears in 1 contract
Sources: Lease Agreement
Submission of Plans. Prior to making any Alterations, other than Minor Alterations, Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's "Consultant") two (2) sets of detailed plans and specifications (including including, to the extent applicable, layout, architectural, mechanical, electrical, plumbing, Class E proposed floor and electrical loads, sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, such approval not to be unreasonably withheld, conditioned or delayed, (ii) shall pay to Landlord all costs and expenses reasonably incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, capped at $3,500.00, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by evidence that Tenant, and Tenant▇▇▇▇▇▇'s contractors and subcontractors engaged in connection with such Alteration) and comprehensive public liability (including property damage coverage) Alterations, are carrying such insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon notice to Tenant, Landlord or Landlord's Consultant may assume responsibility, at Tenant's expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall be accomplished within fifteen (15) working days following the date of notice to Tenant that Landlord or Landlord's Consultant is assuming responsibility therefor, subject to any delays caused by the City of New York. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. In the event Landlord fails to respond to ▇▇▇▇▇▇'s request for consent to Alterations within fifteen (15) days of Tenant's submission to Landlord of Tenant's plans, said plans (and any resubmission of same in the event such plans are reasonably disapproved by Landlord within the applicable period) shall deemed to be approved by Landlord, and Tenant shall be entitled to commence construction of the Tenant's Alterations. If Landlord objects to or disapproves of any of Tenant's plans, it shall state its objections in writing, with reasonable specificity such that Tenant may amend its plans accordingly and re-submit same to Landlord for approval in accordance herewith. Landlord shall reasonably cooperate with Tenant in obtaining any required permits, approvals, and/or certificates required by any governmental or quasi-governmental bodies. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with all applicable laws and ordinances, including the Americans with Disabilities Act of 1990, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In the event any Alterations are performed by a general partner of Landlord or any entity which is under the common control of Landlord or any general partner of Landlord, the failure by Tenant to pay the cost of such Alterations upon rendition of a ▇▇▇▇ therefor shall be deemed a material default under this Lease. Landlord▇▇▇▇▇'s approval of Tenant▇▇▇▇▇▇'s plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract
Submission of Plans. Prior to making any Alterations, Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's "Consultant") detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, which approval shall not be unreasonably withheld, delayed or otherwise conditioned, (ii) shall pay to Landlord all the reasonable costs and expenses incurred by Landlord (including the reasonable cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by reasonable evidence that Tenant, and Tenant's contractors and subcontractors engaged in connection with such Alteration) and comprehensive public liability (including property damage coverage) Alterations, are carrying such insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord as more particularly set forth in Schedule “D” annexed hereto and its agents as additional insureds. Upon notice to Tenant, Landlord or Landlord's Consultant may assume responsibility, at Tenant's expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall be accomplished within fifteen (15) working days following the date of notice to Tenant that Landlord or Landlord's Consultant is assuming responsibility therefor, subject to any delays caused by the City of New Yorkmade a part hereof. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, if same are required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, as amended, including but not limited to the accessibility provisions thereof; all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In the event Tenant agrees to allow Landlord’s designated contractor to bid on any Alterations are to be performed by a general partner or on behalf of Landlord or any entity which Tenant. If Landlord’s designated contractor is under the common control of Landlord or any general partner of Landlordlowest bidding contractor, Tenant agrees to award the failure by Tenant to pay contract for the cost performance of such Alterations upon rendition of a ▇▇▇▇ therefor shall be deemed a material default under this Leaseto such contractor. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
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