Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations: (1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule. The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Tenant shall reimburse Landlord for any reasonable sums paid by Landlord for third-party evaluation of Tenant’s plans for any Tenant Alterations. Upon completion of the Tenant Alterations (other than Decorations), Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file and one hard copy set of plans and specifications for the Tenant Alterations. (2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than Decorations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for Landlord’s oversight and coordination. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee. (3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work. (b) All Tenant Additions, whether installed by Landlord or Tenant, shall, without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request.
Appears in 2 contracts
Sources: Office Lease (Accolade, Inc.), Office Lease (Accolade, Inc.)
Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine9, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule). The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant shall reimburse provide Landlord with appropriate evidence of ▇▇▇▇▇▇’s ability to complete and pay for any reasonable sums paid by Landlord for third-party evaluation the completion of Tenant’s plans for any the Tenant AlterationsAlterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations (other than Decorations)Alterations, Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file mylar and one hard copy digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than Decorations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for Landlord’s oversight and coordination. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Hazardous Materials Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials, and (iii) in accordance with the requirements of the Project’s Sustainability Practices and Tenant is strongly encouraged to comply with the applicable Green Building Standards. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (iSection 9.1(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, whether installed by Landlord or Tenant, shall, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, unless pursuant to Article Twelve12, Tenant may remove them or is required to remove them at Landlord’s request.
Appears in 2 contracts
Sources: Sub Sublease (Carmot Therapeutics Inc.), Sub Sublease (Carmot Therapeutics Inc.)
Tenant Alterations. 10.1 The original improvement of the Premises shall be constructed by Landlord at Landlord's sole cost and expense in accordance with Exhibit B. --------- Landlord is under no obligation to make any structural or other alterations, decorations, additions, improvements or other changes (acollectively "Alterations") The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises except as set forth in Exhibit B or --------- otherwise expressly provided in this Lease. Any additional Alterations, which are necessary in order for the Premises to comply with requirements of the Americans with Disabilities Act (as hereinafter defined) or such other laws or amendments thereto which may be hereinafter enacted during the term of this Lease or any Property systems serving extensions or renewals hereof shall be the Premises. Prior to responsibility of Tenant except, however, Tenant shall not be responsible for making any structural improvements, and Tenant hereby agrees to indemnify Landlord for any loss, claim or damages incurred by Landlord as a result of Tenant's failure to make such additional Alterations.
10.2 Except for minor, cosmetic improvements not visible from outside of the Premises or alterations which cost less than Twenty-Five Thousand Dollars ($25,000) do not affect the Building Systems and are not visible from outside of the Premises (such as interior painting or floor coverings), Tenant shall not, without Landlord's prior written consent, which may be given or withheld in Landlord's sole discretion, make any Alterations in, on or about the Premises or the Building. Alterations shall include, but shall not be limited to, the installation or alteration of security or fire protection systems, communication systems, millwork, shelving, file retrieval or storage systems, window and wall coverings, electrical distribution systems, lighting fixtures, telephone or computer system wiring, HVAC and plumbing. Notwithstanding the foregoing, Landlord's approval of non-structural Alterations which do not affect the base building system will not be unreasonably withheld. At the expiration of the Lease Term, Landlord may require the removal of any Alterations installed by Tenant and the restoration of the Premises and the Building to their prior condition, at Tenant's expense (excluding the Alteration of the Premises to expand the computer lab to include one additional office space). Notwithstanding anything else contained herein, all fixtures shall, at the sole option of Landlord, become the property of Landlord and shall not be removed without Landlord's prior written consent. If, as a result of any Alteration made by Tenant, Landlord is obligated to comply with the Americans With Disabilities Act or any other law or regulation and such compliance requires Landlord to make any improvement or Alteration to any portion of the Building, as a condition to Landlord's consent, Landlord shall have the right to require Tenant to pay to Landlord prior to the construction of any Alteration by Tenant, the entire cost of any improvement or Alteration Landlord is obligated to complete by such law or regulation. Should Landlord permit Tenant to make its own Alterations, Tenant shall use only such contractor as has been expressly approved by Landlord, and Landlord may require Tenant to provide to Landlord for Alterations which cost Fifty Thousand Dollars ($50,000) or more, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such Alterations. Should Tenant make any Alterations without the prior approval of Landlord, or use a contractor not expressly approved by Landlord, Landlord may, at any time during the Term of this Lease, require that Tenant remove all or part of the Alterations and return the Premises to the condition it was in prior to the making of the Alterations. In the event Tenant makes any Alterations, Tenant agrees to obtain or cause its contractor to obtain, prior to the commencement of any work, "builders all risk" insurance in an amount reasonably approved by Landlord and workers compensation insurance. Notwithstanding anything herein to the contrary, no Landlord fees shall apply to and Tenant shall not be required to remove (unless Landlord otherwise notifies Tenant with plan approval) any Improvements installed as part of Tenant's initial build-out and approved by Landlord, other than Tenant fixtures and equipment.
10.3 Any Alterations in or about the Premises that Tenant shall desire to make shall be presented to Landlord in written form, with plans and specifications which are sufficiently detailed to obtain a building permit. If Landlord consents to an Alteration, the consent shall be deemed conditioned upon Tenant acquiring a building permit from the applicable governmental agencies, furnishing a copy thereof to Landlord prior to the commencement of the work, and compliance by Tenant with all conditions of said permit in a prompt and expeditious manner. Additionally, Landlord may condition its consent, among other matters, to Tenant performing such Alterations during non-business hours if such Alterations will create unreasonable noise, noxious fumes or otherwise interfere with the quiet enjoyment of the other tenants in the Building. Tenant shall provide Landlord with as-built plans and specifications for any Alterations made to the Premises. All Alterations which may be made to the Premises by Tenant shall be paid for by Tenant, at Tenant's sole expense, and shall be made and done in a good and workmanlike manner and with new materials.
10.4 Tenant shall not permit a mechanic's lien or liens to be placed upon the Premises or the Building as a result of any Alterations made by it and agrees, if any such lien be filed on account of the acts of Tenant, promptly to discharge the same. In the event Tenant fails to discharge any such lien, it may be paid by Landlord after written notice to Tenant without releasing Tenant and the cost charged to Tenant as Additional Rent under this Lease.
10.5 Tenant shall give Landlord not less than ten (10) days’ prior ' advance written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule. The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work in the Premises by Tenant, and Landlord shall have the right to post notices of non-responsibility in or delivery of materials on the Premises or the Building.
10.6 Notwithstanding anything contained herein to the Premises related to the Tenant contrary, all Alterations such of the following as specified undertaken by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Tenant shall reimburse Landlord for any reasonable sums paid by Landlord for third-party evaluation of Tenant’s plans for any Tenant Alterations. Upon completion of the Tenant Alterations (other than Decorations), Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file and one hard copy set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than Decorations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for Landlord’s oversight and coordination. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) be performed in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, whether installed by Landlord or Tenant, shall, without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request.Exhibit H.
Appears in 2 contracts
Sources: Deed of Office Lease (Mercator Software Inc), Deed of Office Lease (Mercator Software Inc)
Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10I 0) days’ days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine9, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time reasonable times and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule). The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant shall reimburse provide Landlord for any reasonable sums paid by Landlord for third-party evaluation with appropriate evidence of Tenant’s plans ability to complete and pay for any the completion of the Tenant AlterationsAlterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations (other than Decorations)Alterations, Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file and one hard copy digitized set of plans and specifications for the Tenant AlterationsAlterations in both protected document(“.pdf’’) and computer-aided design (“CAD”) formats.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than Decorations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for Landlord’s oversight and coordination. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Hazardous Materials Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials, and (iii) in accordance with the requirements of the Project’s Sustainability Practices. Tenant is strongly encouraged to comply with the applicable Green Building Standards. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (iSection 9.1(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) For any Tenant Alterations which Tenant requests Landlord to install, the forgoing provisions of this Section 9.1 shall apply; provided, however, in addition to paying the cost of the Tenant Alterations, Tenant also shall pay an administrative fee equal to fifteen percent (15%) of such cost to Landlord, as additional Rent under this Lease, and Landlord’s liability for such Tenant Alterations work shall be subject to and limited by the provisions of Article 17 below. All Tenant Additions, whether installed by Landlord or Tenant, shall, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, unless pursuant to Article Twelve12, Tenant may remove them or is required to remove them at Landlord’s request.
Appears in 2 contracts
Sources: Office/Laboratory Lease (Caribou Biosciences, Inc.), Office/Laboratory Lease (Caribou Biosciences, Inc.)
Tenant Alterations. (a) The following provisions Tenant shall apply not make any alterations, additions or improvements in or to the completion of Premises, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, wiring or Telecommunication Facilities (individually and collectively “Tenant Alterations:
(1) Tenant shall not, except as provided herein”), without first obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any provided such Tenant Alterations in or to are entirely within the Premises and do not impact any structural components of the Building or any Property systems serving building systems. Notwithstanding the Premises. Prior to making any foregoing, so long as Tenant Alterationscomplies with all applicable Governmental Requirements and other terms and conditions of this Lease, Tenant shall give Landlord ten upon at least five (105) days’ prior Business Days advance written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Ninebut without Landlord’s consent, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All make interior non-structural Tenant Alterations shall be completed at with an aggregate cost which does not exceed Twenty-Five Thousand Dollars ($25,000.00) in any period of twelve (12) consecutive calendar months which (a) are entirely cosmetic or functional in nature (such time as painting and in such manner as Landlord may from time to time reasonably designatecarpeting, and only by contractors shelving or mechanics approved by Landlordcubicles), which approval shall (b) do not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to affect any of the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioningHVAC, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule. The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord plumbing or other tenants in systems, (c) do not involve the Building and their respective agents and contractors performing work in installation or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement demolition of any work interior wall or delivery door, and (d) do not require the issuance of materials to the Premises related to the any permit by any Governmental Agency (Tenant Alterations such satisfying all of the following foregoing items (a) through (d) are referred to herein as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord“Permitted Alterations”). Tenant shall reimburse Landlord for any reasonable sums paid by Landlord for third-party evaluation of Tenant’s plans for any Tenant Alterations. Upon completion of the Tenant Alterations (other than Decorations), Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file full and one hard copy set of complete plans and specifications for any proposed Tenant Alterations and, if consent by Landlord is given, all such work shall be performed at Tenant’s expense by Landlord or by Tenant at Landlord’s election. Tenant shall pay to Landlord all costs incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any Tenant Alterations, including, without limitation, Landlord’s review of the Plans and Specifications. Without limiting the generality of the foregoing, Landlord may require Tenant (if Tenant has elected to perform the Tenant Alterations.
(2) Tenant shall pay the ), at Tenant’s sole cost of all Tenant Alterations and the cost of decorating the Premises expense, to obtain and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than Decorations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for Landlord’s oversight and coordination. Upon completion of Tenant Alterations, Tenant shall furnish provide Landlord with contractors’ full and final waivers proof of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, whether installed by Landlord or Tenant, shall, without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request.insurance
Appears in 2 contracts
Sources: Gross Lease (Endurance International Group Holdings, Inc.), Gross Lease (Endurance International Group Holdings, Inc.)
Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-non- responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s 's prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s 's systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule). The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s 's engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or 's systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant shall reimburse provide Landlord for any reasonable sums paid by Landlord for third-party evaluation with appropriate evidence of Tenant’s plans 's ability to complete and pay for any the completion of the Tenant AlterationsAlterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations (other than Decorations)Alterations, Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file mylar and one hard copy digitized (if available) set of plans and specifications for the Tenant Alterations. Notwithstanding any provision hereof to the contrary, in any building leased entirely to Tenant, Tenant may undertake Tenant Alterations without Landlord's prior written consent, but subject to all other requirements of this Article Nine, provided that each of the following conditions are satisfied: (i) the Tenant Alterations to be performed without such prior written consent over the consecutive twelve (12) month period of the Term ending on the date of such request, in the aggregate, will cost no more than Thirty-five Thousand Dollars ($35,000.00); (ii) such Tenant Alterations do not affect the facade or roof of the building, or involve any of the structural elements of the building.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than DecorationsAlterations, Tenant shall pay Landlord a construction fee equal not to three exceed one and one-half percent (31.5%) of the cost hard costs of the Tenant Alterations for Landlord’s oversight and coordinationAlterations. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ ' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s 's standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s 's intended use or of compliance with the requirements of clauses (iSection 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, Additions to the Premises whether installed by Landlord or Tenant, shall, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, unless pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s 's request.
Appears in 2 contracts
Sources: Lease Agreement (Clarent Corp/Ca), Lease Agreement (Clarent Corp/Ca)
Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule). The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant shall reimburse provide Landlord for any reasonable sums paid by Landlord for third-party evaluation with appropriate evidence of Tenant’s plans ability to complete and pay for any the completion of the Tenant AlterationsAlterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations (other than Decorations)Alterations, Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file mylar and one hard copy digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than DecorationsAlterations, Tenant shall pay Landlord a construction fee equal to and all elevator and hoisting charges at Landlord’s then standard rate provided that such construction fee shall not exceed three percent (33.0%) of the cost of such Tenant Alterations for Landlord’s oversight and coordinationAlterations. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (iSection 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, Additions to the Premises whether installed by Landlord or Tenant, shall, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, unless pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request.
Appears in 2 contracts
Sources: Lease Agreement (Guardant Health, Inc.), Lease Agreement (Guardant Health, Inc.)
Tenant Alterations. (a) The following provisions Tenant shall apply not make any installations, alterations, improvements, or the like to the completion Premises without, in each case, first obtaining Landlord's written consent. Landlord may grant or withhold its consent in its sole and absolute discretion in the case of any proposed installation, alteration, improvements, or the like which (i) may affect the structure of the Premises, or (ii) are on the exterior of the Premises, or (iii) require cutting or drilling into the Premises, or securing of any item to any part of the Premises, or penetrating the roof. Notwithstanding the foregoing, Tenant Alterations:
may make purely cosmetic alterations, and other minor alterations which are: (1i) non structural in nature, (ii) do not affect the Building systems in any way, (iii) do not in any way affect the exterior appearance of the Building, and (iv) cost a total during any twelve (12) month period of $50,000.00 or less ("Alterations Threshold"), without Landlord's prior written consent provided that Tenant notifies Landlord in writing of Tenant's intent to undertake the same prior to commencing any work related thereto, and further provided that the same are performed in accordance with the requirements of this Lease. Landlord will not unreasonably withhold, condition or delay its consent to any purely cosmetic alterations and other minor alterations which are non structural in nature, do not affect the Building's structures or systems in any way, and cost in excess of the Alterations Threshold to perform. All other approvals shall be in Landlord's sole and absolute discretion. For the purposes hereof, any erection, removal or relocation of walls shall be deemed to be structural in nature. Requests must be in writing and detailed to Landlord's reasonable satisfaction. Tenant shall immediately discharge any lien which is filed against the Premises, the Building or the Property as a result of work performed by or on behalf of Tenant. Tenant shall not, except without Landlord's prior written consent, display any sign, logo, lettering, or the like on the outside of the Premises, or on the inside of the Premises in such a manner as to be visible from the outside. Except as expressly provided hereinin this Section 4.04, Tenant may not make any alterations, improvements, door lock changes or other modifications to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule. The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Tenant shall reimburse Landlord for any reasonable sums paid by Landlord for third-party evaluation of Tenant’s plans for any Tenant Alterations. Upon completion of the Tenant Alterations (other than Decorations), Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file and one hard copy set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than Decorations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for Landlord’s oversight and coordination. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, whether installed by Landlord or Tenant, shall, without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request.
Appears in 2 contracts
Sources: Deed of Lease (Sutron Corp), Deed of Lease (Sutron Corp)
Tenant Alterations. (a) The following provisions 5.1.1 Tenant shall apply not make any alterations, additions or improvements in or to the completion of Premises, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, wiring or Telecommunication Facilities (individually and collectively “Tenant Alterations:
(1) Tenant shall not, except as provided herein”), without first obtaining the prior written consent of Landlord, Landlord which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, make Tenant shall not be required to obtain Landlord’s prior written consent to any cosmetic, non-structural alterations of the Premises (a “Cosmetic Alteration”), so long as (i) the total costs of such Cosmetic Alteration do not exceed Fifty Thousand and No/100 Dollars ($50,000.00) per floor of the Premises, (ii) such Cosmetic Alteration does not affect the structure of the Building or cause any operating systems of the Building, (iii) Tenant is not required by applicable Governmental Requirements to obtain a permit to perform such Cosmetic Alteration, and (iv) such Cosmetic Alteration does not violate or render invalid the certificate of occupancy for the Building or the Premises; provided, however, Tenant shall be made required to provide Landlord with prior written notice thereof, and Landlord shall have the right to reasonably request additional information and documentation to reasonably determine whether such Cosmetic Alteration shall require Landlord’s prior review and approval under this Section. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations and, if consent by Landlord is either required or given, as applicable, all such work shall be performed by Tenant at Tenant’s sole cost and expense. Tenant shall pay to Landlord all reasonable costs incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any Tenant Alterations, including, without limitation, Landlord’s review of the Plans and Specifications. Without limiting the generality of the foregoing, Landlord may require Tenant, at Tenant’s sole cost and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond for Tenant Alterations where the cost thereof is equal to or greater than One Hundred Thousand and No/100 Dollars ($100,000.00), in or forms, amounts and by companies acceptable to the Premises or any Property systems serving the PremisesLandlord. Prior to making Upon completion of any Tenant Alterations, Tenant shall give Landlord ten (10) days’ prior written notice (agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the County of San Francisco in accordance with Section 8182 of the Civil Code of the State of California or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, any successor statute.
5.1.2 If Tenant may undertake Decoration work makes any alterations without Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses , if consent is required hereunder, or without satisfaction of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved any conditions established by Landlord, which approval Landlord shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord mayhave the right, in its sole discretion, specify the engineers addition to and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule. The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause without limitation of any right or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. remedy Landlord may further reasonably condition its consent upon have under this Lease, at law or in equity, to require Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work remove some or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Tenant shall reimburse Landlord for any reasonable sums paid by Landlord for third-party evaluation of Tenant’s plans for any Tenant Alterations. Upon completion of the Tenant Alterations (other than Decorations), Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file and one hard copy set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than Decorations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for Landlord’s oversight and coordination. Upon completion of Tenant Alterations, or at Landlord’s election, Landlord may remove such Tenant Alterations and restore the Premises at Tenant’s expense. Nothing contained in this paragraph or the paragraph captioned “Work Performance” shall be deemed a waiver of the provisions of the paragraph captioned “Mechanic’s Liens”.
5.1.3 Tenant shall furnish Landlord with contractors’ full be solely responsible for all costs and final waivers of lien and receipted bills covering all labor and materials expended and used expenses relating to or incurred in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
with: (3a) Tenant agrees failure of the Premises to complete all Tenant Alterations (i) in accordance comply with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, the Governmental Requirements; and (iib) in a good bringing the Building and workmanlike manner the common areas of the Building into compliance with Governmental Requirements, including without limitations, requirements for seismic tests, if and to the use extent such non-compliance arises out of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of or relates to any Tenant Alterations which are not normal and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision customary business office improvements, or right to supervise triggered by Landlord, nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, whether installed by Landlord or Tenant, shall, without compensation or credit to Tenant, become part of the Premises for non-general office use. Notwithstanding the foregoing, Tenant obligations under this Section 5.1.3 (and the property limitations on Tenant’s responsibility for any non-compliance hereunder) shall not limit Tenant’s obligations with respect to compliance with Access Laws specifically set forth in Section 5.12.5 of Landlord at the time of their installation and shall remain in the Premises, unless, pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s requestthis Lease.
Appears in 2 contracts
Sources: Office Lease (Audentes Therapeutics, Inc.), Office Lease (Audentes Therapeutics, Inc.)
Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule). The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant shall reimburse provide Landlord with appropriate evidence of ▇▇▇▇▇▇’s ability to complete and pay for any reasonable sums paid by Landlord for third-party evaluation the completion of Tenant’s plans for any the Tenant AlterationsAlterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations (other than Decorations)Alterations, Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file and one hard copy digitized set of plans and specifications for the Tenant Alterations in both protected document (“.pdf”) and computer-aided design (“CAD”) formats. Notwithstanding anything in this Section 9.1 to the contrary, Landlord’s consent shall not be required for any Tenant Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or Building; (c) will not affect the Building’s systems; (d) does not require work to be performed inside the walls or above the ceiling of the Premises; (e) does not require a building permit; and (f) does not exceed (in the aggregate with all other such Cosmetic Alterations) $40,000.00 during the Term. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.1.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than Decorations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for Landlord’s oversight and coordination. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Hazardous Materials Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials, and (iii) in accordance with the requirements of the Project’s Sustainability Practices and Tenant is strongly encouraged to comply with the applicable Green Building Standards. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (iSection 9.1(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) For any Tenant Alterations which Tenant requests Landlord to install, the forgoing provisions of this Section 9.1 shall apply; provided, however, in addition to paying the cost of the Tenant Alterations, Tenant also shall pay an administrative fee equal to fifteen percent (15%) of such cost to Landlord, as additional Rent under this Lease, and Landlord’s liability for such Tenant Alterations work shall be subject to and limited by the provisions of Article 17 below. All Tenant Additions, whether installed by Landlord or Tenant, shall, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, unless pursuant to Article Twelve12, Tenant may remove them or is required to remove them at Landlord’s request; provided, however, at the time Tenant requests ▇▇▇▇▇▇▇▇’s consent to a proposed Tenant Alterations, or before the commencement of any Tenant Alterations for which Landlord’s consent is not required, Tenant may ask Landlord in writing whether Landlord will require that the Tenant Alterations be removed on expiration or earlier termination of the Term.
Appears in 2 contracts
Sources: Office/Laboratory Lease (Kyverna Therapeutics, Inc.), Office/Laboratory Lease (Kyverna Therapeutics, Inc.)
Tenant Alterations. (a) The following provisions Tenant shall apply not make any alterations, additions or improvements (collectively referred to as “Tenant Alterations”) in or to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned, provided that such proposed Tenant Alterations (i) are nonstructural, (ii) do not affect the Building’s HVAC, plumbing, electrical, life safety or mechanical systems or services, (iii) do not affect any part of the Building other than the Premises, (iv) do not adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building and (v) do not reduce the value or utility of the Building. Tenant shall be permitted to make, without Landlord’s consent, Tenant Alterations not exceeding $100,000.00 in any twelve (12) month period in value and for which Tenant is not required to obtain a permit from the applicable municipality and if such Alterations are of the type described in clauses (i), (ii), (iii) and (iv) above (“Permitted Alterations”). Any other Tenant Alteration may be approved or disapproved by Landlord for any reason or for no reason. If Landlord consents to any Tenant Alterations to the Premises such Tenant Alterations shall be performed (a) at Tenant’s expense pursuant to plans and specifications approved by Landlord (not to be unreasonably withheld, conditioned or delayed) and (b) by a reputable and qualified contractor licensed in the State of California and reasonably approved by Landlord, make and subject to any commercially reasonable covenants and conditions required by Landlord, including, without limitation, any commercially reasonable construction rules and regulations promulgated by Landlord for the Building. Landlord’s approval of any plans and specifications for alterations, improvements, modifications or cause additions to the Premises or the Property shall not constitute a representation or warranty of Landlord (x) as to the adequacy or sufficiency of such drawings, plans and specifications, or alterations, improvements, modifications or additions to which they relate, for any use, purpose or conditions, (y) that such drawings, plans and specifications or any action taken pursuant thereto or in reliance thereon complies with, or is not in violation of, any applicable laws, rules or regulations or any standard of due care regarding engineering or structural design or quality of material, and Landlord does not assume any liability or responsibility therefor nor for any defect in construction from said drawings, but such approval shall merely be made the consent of Landlord as required hereunder. In no event shall Landlord be deemed to have consented to imposition of any lien against any interest of Landlord in the Building or the Premises and Landlord shall have the right, at all times, to post and to keep posted on the Premises all notices permitted and/or required by law, or which Landlord shall deem proper for the protection of Landlord and the Premises and any other parties having an interest therein, from all mechanic and materialmen’s liens, and Tenant shall give Landlord fifteen (15) days prior notice before commencing any Tenant Alterations (other than Permitted Alterations) for such purposes and for scheduling purposes. All Tenant Alterations shall be done in a good and workmanlike manner with first-class quality materials in accordance with all laws, ordinances, and rules and regulations of any federal, state, county, municipal, or other public authority having jurisdiction over the Premises. Tenant shall cause such work to be performed in a diligent manner and shall use commercially reasonable efforts as to minimize unreasonable interference with other tenants’ and occupants’ lawful use and enjoyment of their premises and business operations. Tenant and its contractors shall comply with all commercially reasonable requirements Landlord may reasonably impose on Tenant or its contractors with respect to such work (including but not limited to, insurance, indemnity and bonding requirements), and shall deliver to Landlord a complete copy of the “as-built” or final plans and specifications for all Alterations so made in or to the Premises or any Property systems serving within thirty (30) days of completing the Premiseswork (provided the work was of such a nature that such plans were actually prepared). Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ prior written notice (not place safes or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work vaults in the Premises without Landlord’s prior written consent, which shall not be reasonably withheld or delayed.
(b) Any mechanic’s lien filed against the Premises or the Building for work or materials furnished to Tenant at Tenant’s request shall be discharged by Tenant, by payment or by bonding of such lien by a reputable casualty or insurance company reasonably satisfactory to Landlord within twenty (20) days from the date of receipt of notice of the lien (provided that any such bond must be sufficient under applicable law to release the Premises and the Property from the lien). Should any action, suit, or proceeding be brought upon any such lien for the enforcement or foreclosure of the same, Tenant shall furnish pay for Landlord’s reasonable attorneys’ fees for the defense of Landlord therein, by counsel reasonably satisfactory to Landlord, and satisfy and discharge any judgment entered therein against Landlord.
(c) Tenant shall indemnify, defend and hold Landlord harmless from any (i) injury, damage, cost or loss sustained by persons or property as a result of any defect in the design, material or workmanship of Tenant Alterations, except to the extent caused by Landlord’s breach of this Lease or by the gross negligence or willful misconduct of Landlord, its agent, contractors or employees, and (ii) loss, liability, cost and expense (including, without limitation, attorney’s fees and court costs) incurred by Landlord, its agents, contractors, or employees, relating in any way to Tenant Alterations, including, without limitation, the imposition of any lien against the Premises or the Building by reason of any Tenant Alterations.
(d) Except for those items listed on Exhibit G, all Alterations, attached equipment, decorations, fixtures, trade fixtures, additions and improvements, attached to or built into the Premises, made by either of the parties, including, without limitation, all floor and wall coverings, built-in cabinet work and paneling, sinks and related plumbing fixtures, laboratory benches, exterior venting fume hoods and walk-in freezers and refrigerators, ductwork, conduits, electrical panels and circuits shall (unless, with respect to any Tenant Alterations proposed by Tenant Landlord expressly notified Tenant in writing as part of Landlord’s approval of the plans and specifications for such Alterations or at the time Tenant provides written notice to Landlord of any Permitted Alterations that Tenant must remove such Alterations prior to the expiration of the Term; provided, that Tenant, in any event, has requested Landlord in writing to make such determination) become the property of Landlord upon the expiration or earlier termination of the Term, and shall remain upon and be surrendered with the names Premises as a part thereof. The Premises shall at all times remain the property of Landlord and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed surrendered to Landlord upon the expiration or earlier termination of this Lease. Notwithstanding anything to the contrary herein, Tenant’s furniture, fixtures and furnishings which are not permanently attached to the Premises, Tenant’s business machines and equipment which are not permanently attached to the Premises, and Tenant’s communications equipment shall be and remain Tenant’s personal property and may be removed by Tenant at such time any time, and must be removed by Tenant upon the expiration or earlier termination of this Lease. As used in this Paragraph, “permanently attached” shall mean attached in such a manner as Landlord may would result in material damage to the Premises if detached from the Premises. Notwithstanding the foregoing, at any time during the Term, subject to time reasonably designate, and only by contractors or mechanics approved by Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditionedconditioned or delayed, Tenant shall have the right to update Exhibit G. Except as to those items listed on Exhibit G attached hereto, all business and trade fixtures, machinery and equipment, built-in furniture and cabinets, together with all additions and accessories thereto, permanently attached to or built into the Premises shall become the property of Landlord upon the expiration of the Term. If Tenant shall fail to remove any of its effects from the Premises (required by this Paragraph to be removed) within ten (10) days after the termination of this Lease, then Landlord may, at its option, remove the same in any manner that Landlord shall choose and store said effects without liability to Tenant for loss thereof or damage thereto, and Tenant shall pay Landlord, upon demand, any actual, documented and reasonable costs and expenses incurred due to such removal and storage or Landlord may, at its sole option and upon notice to Tenant, sell such property or any portion thereof at private sale and without legal process for such price as Landlord may obtain and apply the proceeds of such sale against any (a) amounts due by Tenant to Landlord under this Lease and (b) any actual and documented expenses incident to the removal, storage and sale of said personal property. Notwithstanding any other provision of this Article to the contrary, in no event shall Tenant remove any improvement from the Premises as to which Landlord contributed payment, including the Tenant Improvements, without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. Notwithstanding anything to the contrary herein, Tenant shall have no obligation to remove the Emergency Generator upon or prior to the expiration or termination of the Term.
(e) Tenant shall be responsible for removal, as needed, from the Premises and the Building of all trash, rubbish, and surplus materials resulting from any work being performed in the Premises by Tenant or Tenant’s contract parties. Tenant shall exercise due care and diligence in removing such trash, rubbish, or delayedsurplus materials from the Premises to avoid littering, marring, or damaging any portion of the Building. If any such trash, rubbish, or surplus materials are not promptly removed from the Building in accordance with the provisions hereof and Landlord notifies Tenant in writing that it intends to remove the same at Tenant’s expense and Tenant fails to remove the same with three (3) business days thereafter, Landlord may cause same to be removed or repaired, as the case may be, at Tenant’s cost and expense. If Landlord incurs any costs or expenses in performing the above, Tenant shall pay Landlord the amount of any such cost and expenses promptly upon demand therefor.
(f) Subject to Paragraphs 16(g) and 21, Tenant will be responsible for repairing any damage to the Building common areas caused by Tenant or its agents or contractors within fifteen (15) days after receipt of written notice by Landlord specifying the damage in reasonable detail; provided, however, that if such repairs cannot reasonably be completed within said 15-day period, Tenant shall have such time as is reasonably necessary under the circumstances to complete such repairs. If such repairs are not completed within such time frame and Landlord may, in its sole discretion, specify the engineers and contractors gives Tenant at least five (5) business days prior written notice of Landlord’s intention to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as complete the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to at Tenant’s schedule. The contractorsexpense, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing cause the damage to Landlord and Landlord approving prior to the commencement be repaired at Tenant’s expense. Within ten (10) days of any work or delivery receipt of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specificationsan invoice therefor, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Tenant shall reimburse Landlord for its actual costs and expenses in completing any reasonable sums paid by Landlord for third-party evaluation of Tenant’s plans for any Tenant Alterations. Upon completion of the Tenant Alterations (other than Decorations), Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file and one hard copy set of plans and specifications for the Tenant Alterationssuch repair.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than Decorations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for Landlord’s oversight and coordination. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, whether installed by Landlord or Tenant, shall, without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request.
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Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibilitynon‑responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work may, without Landlord’s prior written consent, undertake (i) Decoration work and/or (ii) any Alterations that (x) do not adversely affect the roof, structural portions or the systems or equipment of the Building, (y) are not visible from the exterior of the Building, and (z) do not cost, in the aggregate, over the Term of the Lease, in excess of $50,000. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule. The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant shall reimburse provide Landlord for any reasonable sums paid by Landlord for third-party evaluation with appropriate evidence of Tenant’s plans ability to complete and pay for any the completion of the Tenant AlterationsAlterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations (other than Decorations)Alterations, Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file mylar and one hard copy digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than DecorationsAlterations, Tenant shall shall, upon receipt of Landlord’s itemized invoice therefor, pay Landlord Landlord’s actual and reasonable costs to review the plans and specifications for such Tenant Alterations and to monitor the performance thereof, including a construction administration fee equal to three percent (3%) of the cost of Tenant Alterations for and all elevator and hoisting charges at Landlord’s oversight and coordinationthen standard rate. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (iSection 9.01(a)(3)(1) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, Additions to the Premises whether installed by Landlord or Tenant, shall, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, unless pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request. Tenant’s Personal Property, as set forth in Exhibit G, shall at all times remain the property of Tenant and Tenant shall remove such property at the expiration or earlier termination of this Lease.
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Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule). The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant shall reimburse provide Landlord for any reasonable sums paid by Landlord for third-party evaluation with appropriate evidence of Tenant’s plans ability to complete and pay for any the completion of the Tenant AlterationsAlterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations (other than Decorations)Alterations, Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file mylar and one hard copy digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than DecorationsAlterations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for at Landlord’s oversight and coordinationthen standard rate. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (iSection 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Except for personal property and trade fixtures, all Tenant Additions, Additions whether installed by Landlord or Tenant, shall, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, unless pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request.
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Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work may, without Landlord’s 's prior written consent, undertake (i) Decoration work and/or (ii) any Alterations that (x) do not adversely affect the roof, structural portions or the systems or equipment of the Building, (y) are not visible from the exterior of the Building, and (z) do not cost, in the aggregate, over the Term of the Lease, in excess of $50,000. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule. The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s 's engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or 's systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant shall reimburse provide Landlord for any reasonable sums paid by Landlord for third-party evaluation with appropriate evidence of Tenant’s plans 's ability to complete and pay for any the completion of the Tenant AlterationsAlterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations (other than Decorations)Alterations, Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file mylar and one hard copy digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than DecorationsAlterations, Tenant shall shall, upon receipt of Landlord's itemized invoice therefor, pay Landlord Landlord's actual and reasonable costs to review the plans and specifications for such Tenant Alterations and to monitor the performance thereof, including a construction administration fee equal to three percent (3%) of the cost of Tenant Alterations for and all elevator and hoisting charges at Landlord’s oversight and coordination's then standard rate. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ ' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s 's standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s 's intended use or of compliance with the requirements of clauses (iSection 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, Additions to the Premises whether installed by Landlord or Tenant, shall, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, unless pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s 's request. Tenant's Personal Property, as set forth in Exhibit G, shall at all times remain the property of Tenant and Tenant shall remove such property at the expiration or earlier termination of this Lease.
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Tenant Alterations. 12.1. Except as hereafter provided, Tenant shall make no alterations, additions or improvements (a“Tenant Alterations”) The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned delayed or delayedconditioned. At the time of Landlord’s consent, make Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s written consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove the proposed Tenant Alteration upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alterations for which Landlord has given its consent.
12.2. Landlord’s consent shall not be required for Tenant Alterations which (a) do not adversely impact the structural integrity of the Building or cause the systems serving the Building or their operation, (b) are not visible from the Building exterior and (c) qualify under the following:
(i) The Tenant Alteration is to be made to portions of the Premises other than the Lab Space and the cost thereof is $10,000 or less in the aggregate with respect to any Tenant Alterations Alteration project (or $20,000 or less in or the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(ii) The Tenant Alteration is to be made to the Premises Lab Space and the cost thereof is $50,000 or any Property systems serving the Premises. Prior less with respect to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ prior written notice Alteration project (or such earlier notice as would be necessary pursuant $100,000 or less in the aggregate with respect to applicable LawTenant Alteration projects in the Lab Space undertaken over any twelve (12) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of consecutive month period).
(iii) Tenant Alterations described in this Article Nine, Tenant may undertake Decoration work without subsection for which Landlord’s prior written consentconsent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Premises and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof and no Landlord approval will be required for same. Tenant shall furnish not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing, or unless Landlord with determines that such Permitted Tenant Alterations are special purpose alterations, the names cost to remove which is in excess of Landlord’s standards for demolition costs, and addresses of all contractors and subcontractors and copies of all contractsLandlord so requires such removal.
12.3. All Tenant Alterations shall be completed done at such time and in such manner as Landlord may from time to time reasonably designate, and only Tenant’s expense by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, delayed or delayed; provided, however, that conditioned and shall be deemed given unless Landlord may, in notifies Tenant of its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems objections within ten (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building10) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule. The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or business days after delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Tenant shall reimburse Landlord for any reasonable sums paid by Landlord for third-party evaluation of Tenant’s plans request for any such approval. With respect to Tenant Alterations other than the Permitted Tenant Alterations. Upon completion , no work shall be performed until the plans therefore have been approved by Landlord, which approval shall not be unreasonably withheld, delayed on conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the Tenant Alterations (other than Decorations), Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file and one hard copy set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned therebytherefor. In connection with completion the review of any plans submitted by Tenant, Landlord shall be reimbursed by Tenant Alterations other than Decorations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for Landlord’s oversight and coordinationcost in reviewing such plans at the rate of $70 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, prior to undertaking any such review. Upon completion of With respect to Permitted Tenant Alterations, Tenant shall furnish provide Landlord with contractors’ full a copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and final waivers copies of lien all plans at least ten (10) days before work commences, and receipted bills covering all labor and materials expended and used no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval to such application be required. Tenant shall provide copies of as-built plans and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete specifications for all Tenant Alterations (i) to Landlord within a reasonable time of completion of the Tenant Alterations. All Tenant Alterations, interior painting, carpeting and like cosmetic improvements shall be done in accordance a first class, workmanlike manner and shall comply with all Lawsinsurance requirements, Environmental Lawsand, where applicable, with all reasonable requirements of applicable insurance companies and in accordance with LandlordLandlord imposed as a condition of such consent.
12.4. If, pursuant to this Lease, removal of a Tenant Alteration is required at termination of this Lease, Tenant alone shall be entitled to deduct all depreciation of Tenant Alterations on Tenant’s standard construction rules and regulationsincome tax returns. Upon expiration or earlier termination of this Lease, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify promptly remove such Tenant Alterations and repair any damage occasioned by such removal, reasonable wear and tear and damage by insured casualty excepted. In default thereof, Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of may effect said removal and repairs at Tenant’s expense. With respect to any Tenant Alterations which Tenant is not obligated to remove hereunder (including without limitation Permitted Tenant Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall be deemed abandoned by Tenant, and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by deemed a part of Landlord’s property, nor shall notwithstanding any approvals given by Landlord under provision of this Lease constitute to the contrary.
12.5. Except as provided in Section 12.1 above, any warranty property left in the Premises by Landlord Tenant shall be deemed to Tenant have been abandoned at the termination of the adequacy Lease. Landlord may dispose of such property at Tenant’s expense without notice to Tenant. If Tenant shall fail to remove any of its Alterations, Landlord may remove and store or dispose of the design, workmanship or quality same at the expense of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (i) and (ii) above or impose Tenant in any manner as Landlord determines without liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, whether installed by Landlord or Tenant, shall, without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request.
Appears in 1 contract
Sources: Lease Agreement (Adolor Corp)
Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned withheld or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to Law)to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s 's prior written consent. consent Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. , All Tenant Alterations which may cause noise, vibration or other disturbance to any other tenant(s) of the Building shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s 's systems (including the mechanical, heating, plumbing, security, ventilating, air-air conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule). The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s 's engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or 's systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant shall reimburse provide Landlord for any reasonable sums paid by Landlord for third-party evaluation with appropriate evidence of Tenant’s plans 's ability to complete and pay for any the completion of the Tenant AlterationsAlterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations (other than Decorations)Alterations, Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file mylar and one hard copy digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than DecorationsAlterations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for and all elevator and hoisting charges at Landlord’s oversight and coordination. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee's then standard rate.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s 's standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s 's intended use or of compliance with the requirements of clauses (iSection 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, Additions to the Premises whether installed by Landlord or Tenant, shall, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, unless pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s 's request.
Appears in 1 contract
Sources: Lease Agreement (Phone Com Inc)
Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Tenant shall not, except as provided herein, without the prior written consent of Landlord, in Landlord’s sole discretion, make or cause to be made any Tenant Alterations which affect any structural elements of the Building, its foundation, its roof, its exterior, or any areas outside the Building. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule). The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant shall reimburse provide Landlord for any reasonable sums paid by Landlord for third-party evaluation with appropriate evidence of Tenant’s plans ability to complete and pay for any the completion of the Tenant AlterationsAlterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations (other than Decorations)Alterations, Tenant shall deliver deliver, or cause its contractor to deliver, to Landlord an as-built CADD-DWG file, a PDF file mylar and one hard copy digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than DecorationsAlterations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for at Landlord’s oversight and coordinationthen standard rate. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (iSection 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, Additions to the Premises whether installed by Landlord or Tenant, shall, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, unless pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request.
(c) To the extent that any work in connection with Tenant’s connections to Landlord’s existing electrical, water, sewer and telephone systems pursuant to Section 6.02, or performance of Tenant’s obligations pursuant to Section 8.02, or performance of any Tenant Alterations permitted above, would require access by Tenant to or through space of another lessee or occupant of the Building (“Occupied Space”), any such access shall be further subject to the following conditions: (i) Tenant’s reasonable prior written request to Landlord, so that Landlord may in turn give or make reasonable advance written notice and/or request to such lessee or occupant; (ii) coordination by Tenant so that the time of such entries shall be at mutually convenient dates and times for the lessee or occupant, Landlord and Tenant, provided however, Tenant agrees that Landlord or such lessee or occupant may require that such entry or entries be outside of normal business hours; (iii) Tenant shall use commercially reasonable efforts to avoid interference, and to minimize unavoidable interference, from any such access with the occupancy of such lessee or occupant; (iv) during all times of all such access, Tenant, and/or those entering on its behalf, must be accompanied by a security escort and Tenant shall pay for such escort(s) and representative(s); and (v) in connection with any such access, Tenant shall promptly pay for all damage caused by Tenant and/or those entering at its direction or on its behalf, and at the option of Landlord, Tenant shall perform any such repairs and restoration.
Appears in 1 contract
Tenant Alterations. (a) The following provisions Tenant shall apply not make any installations, alterations, improvements, or the like to the completion Premises without in each case first obtaining Landlords written consent. Landlord may grant or withhold its consent in its sole and absolute discretion in the case of any proposed installation, alteration, improvements, or the like which (i) may affect the structure of the Premises, or (ii) are on the exterior of the Premises, or (iii) require cutting or drilling into the Premises, or securing of any item to any part of the Premises, or penetrating the roof. If Landlord elects to require that alterations, installations, changes, replacements, additions or improvements made by Tenant Alterations:
(1) to the Premises be removed at the termination of this Lease, then Tenant hereby agrees to cause the same to be removed at its sole cost and expense. If Tenant fails to remove the same, then Landlord may cause them to be removed at Tenant’s expense, and Tenant hereby agrees to reimburse Landlord for the cost of such removal, together with any and all damages which Landlord may suffer and sustain by reason of Tenant’s failure to remove the same. Alternatively, Landlord may elect that any or all of the alterations, installations, changes, replacements, additions to or improvements made by Tenant to the Premises shall remain at the termination of this Lease and not be removed. Tenant shall immediately discharge any lien which is filed against the Premises or the Project as a result of work performed by or on behalf of Tenant. Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without first obtaining Landlord’s prior written consentconsent as to the size, design, location, type of composition or material and lighting thereof, display any sign, logo, lettering, or the like on the outside of the Premises, the Building or the Project, or on the inside of the Premises in such a manner as to be visible from the outside. Tenant shall furnish Landlord with maintain any sign, logo, lettering, or the names like in good condition and addresses of repair at all contractors times, and subcontractors and copies of all contractsshall pay any taxes imposed thereon. All Tenant Alterations Notwithstanding the foregoing, Building standard signage shall be completed available to Tenant at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule. The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Tenant shall reimburse Landlord for any reasonable sums paid by Landlord for third-party evaluation of Tenant’s plans for any Tenant Alterations. Upon completion of the Tenant Alterations (other than Decorations), Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file and one hard copy set of plans and specifications for the Tenant Alterationsexpense.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than Decorations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for Landlord’s oversight and coordination. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, whether installed by Landlord or Tenant, shall, without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request.
Appears in 1 contract
Sources: Revolving Credit Agreement (First Potomac Realty Trust)
Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s 's prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s 's systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule). The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s 's engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or 's systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant shall reimburse provide Landlord for any reasonable sums paid by Landlord for third-party evaluation with appropriate evidence of Tenant’s plans 's ability to complete and pay for any the completion of the Tenant AlterationsAlterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations (other than Decorations)Alterations, Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file mylar and one hard copy digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than DecorationsAlterations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for and all elevator and hoisting charges at Landlord’s oversight and coordination's then standard rate. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ ' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s 's standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s 's intended use or of compliance with the requirements of clauses (iSection 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, Additions whether installed by Landlord or Tenant, shall, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, unless pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s 's request.
Appears in 1 contract
Sources: Office Lease (Velocityhsi Inc)
Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine9, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule). The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant shall reimburse provide Landlord for any reasonable sums paid by Landlord for third-party evaluation with appropriate evidence of Tenant’s plans ability to complete and pay for any the completion of the Tenant AlterationsAlterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations (other than Decorations)Alterations, Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file mylar and one hard copy digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than Decorations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for Landlord’s oversight and coordination. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Hazardous Materials Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials, and (iii) in accordance with the requirements of the Project’s Sustainability Practices and comply with the applicable Green Building Standards. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (iSection 9.1(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, whether installed by Landlord or Tenant, shall, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, unless pursuant to Article Twelve12, Tenant may remove them or is required to remove them at Landlord’s request.
Appears in 1 contract
Sources: Lease Agreement (Zogenix, Inc.)
Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property Building Project systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibilityresponsibility or to otherwise object to such Tenant Alterations, as may be provided herein. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without LandlordL▇▇▇▇▇▇▇’s prior written consentconsent but T▇▇▇▇▇ shall coordinate scheduling with Landlord’s property manager to avoid any disruption of other work being performed in or about the Building Project. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule. The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers reasonably acceptable to Landlord stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, including, without limitation, the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, and the fire and life safety systems in the Building, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant shall reimburse provide Landlord with appropriate evidence of T▇▇▇▇▇’s ability to complete and pay for any reasonable sums paid by Landlord for third-party evaluation the completion of Tenant’s plans for any the Tenant AlterationsAlterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations (other than Decorations)Alterations, Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file mylar and one hard copy digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property Building Project occasioned thereby. In connection with completion of any Tenant Alterations other than DecorationsAlterations, Tenant shall pay Landlord a construction fee equal to three percent the Construction Management Fee (3%as defined herein) of the cost of Tenant Alterations for and all elevator and hoisting charges at Landlord’s oversight and coordinationthen standard rate. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses Section 9.01(a) (3) (i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, whether installed by Landlord or Tenant, Alterations shall, without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation installation, and shall remain in the Premises, unless, pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request.
Appears in 1 contract
Sources: Lease (InspireMD, Inc.)
Tenant Alterations. (a) The following provisions After Tenant’s construction of the Tenant Improvements, Tenant shall apply not make any alterations, additions or improvements in or to the completion of Premises, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, wiring or Telecommunication Facilities (individually and collectively “Tenant Alterations:
(1) Tenant shall not, except as provided herein”), without first obtaining the prior written consent of Landlord. Notwithstanding the foregoing, which Landlord’s consent to Tenant Alterations shall not be required if (i) the same do not affect any structural element or the exterior appearance of the Building, change the general nature or character thereof, affect the mechanical, life/safety or other common utilities or facilities maintained by Landlord in the Building or require Landlord to make any alterations or additions to the Building, (ii) the cost of any of the foregoing Tenant Alterations, together with all such Tenant Alterations during the prior twelve (12) month period, does not exceed $50,000.00, and (iii) Tenant gives Landlord at least ten (10) days prior notice of any such work. Landlord agrees that Landlord’s consent shall not be unreasonably withheldrequired for the installation of Tenant’s furniture, conditioned trade fixtures or delayed, make or cause equipment in the Premises (and the same shall not be deemed to be made Tenant Alterations) if the same do not affect the structure of the Building, affect the mechanical, life/safety or other common facilities and systems of the Building, require Landlord to make any alterations to the Building or a permit from the City of Chicago. Further, Landlord’s consent to Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheldwithheld if the same do not affect the structure or exterior appearance of the Premises or the Building, conditionedchange the general nature or character thereof, affect the mechanical, life/safety or delayed; provided, however, that other common utilities or facilities maintained by the Landlord may, in its sole discretion, specify the engineers and contractors Building or require Landlord to perform all work relating make any alterations or additions to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule. The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Tenant shall reimburse Landlord for any reasonable sums paid by Landlord for third-party evaluation of Tenant’s plans for any Tenant Alterations. Upon completion of the Tenant Alterations (other than Decorations), Tenant shall deliver to Landlord an as-built CADD-DWG filefull and complete plans and specifications for any proposed Tenant Alterations which require Landlord’s consent, a PDF file and one hard copy set all such work shall be performed by Tenant at Tenant’s expense. Tenant shall pay to Landlord all reasonable costs incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any Tenant Alterations, including, without limitation, Landlord’s review of the plans and specifications for the Tenant Alterations.
. Without limiting the generality of the foregoing, Landlord may require Tenant, at Tenant’s sole cost and expense, to obtain and provide Landlord with proof of insurance coverage in forms, amounts and by companies reasonably acceptable to Landlord. Should Tenant make any alterations without Landlord’s prior written consent (2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion if required), or without satisfaction of any conditions established by Landlord, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant Alterations other than Decorations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for Landlord’s oversight and coordination. Upon completion remove some or all of Tenant Alterations, or at Landlord’s election, Landlord may remove such Tenant Alterations and restore the Premises at Tenant’s expense. Subject to the provisions of Section 2.7.4, Tenant shall furnish Landlord with contractors’ full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees use commercially reasonable efforts to complete ensure that all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and will be performed in accordance with Landlord’s standard construction rules and regulationsSustainability Practices, and as the same may be in effect or amended or supplemented from time to time. Nothing contained in this paragraph or Section 4.5 (ii“Tenant’s Work Performance”) in shall be deemed a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant waiver of the adequacy provisions of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses Section 4.27 (i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work“Construction Liens”).
(b) All Tenant Additions, whether installed by Landlord or Tenant, shall, without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request.
Appears in 1 contract
Sources: Lease (Mattersight Corp)
Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule). The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Tenant shall reimburse Landlord for any reasonable sums paid by Landlord for third-party evaluation of Tenant’s plans for any Tenant Alterations. Upon completion of the Tenant Alterations (other than Decorations)Alterations, Tenant shall deliver to Landlord an two (2) sets of as-built CADD-DWG file, a PDF file mylar and one hard copy set of digitized plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than DecorationsAlterations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for hoisting charges at Landlord’s oversight and coordinationthen standard rate. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (iSection 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, Additions to the Premises whether installed by Landlord or Tenant, shall, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, unless pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request.
Appears in 1 contract
Sources: Lease Agreement (Maxygen Inc)
Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule). The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant shall reimburse provide Landlord for any reasonable sums paid by Landlord for third-party evaluation with appropriate evidence of Tenant’s plans for any Tenant Alterations. Upon completion of the Tenant Alterations (other than Decorations), Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file and one hard copy set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than Decorations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for Landlord’s oversight and coordination. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees ability to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials pay for Tenant’s intended use or of compliance with the requirements of clauses (i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, whether installed by Landlord or Tenant, shall, without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request.the
Appears in 1 contract
Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule). The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant shall reimburse provide Landlord with appropriate evidence of ▇▇▇▇▇▇’s ability to complete and pay for any reasonable sums paid by Landlord for third-party evaluation the completion of Tenant’s plans for any the Tenant AlterationsAlterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations (other than Decorations)Alterations, Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file and one hard copy digitized set of plans and specifications for the Tenant AlterationsAlterations in both protected document (“.pdf”) and computer-aided design (“CAD”) formats.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than Decorations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for Landlord’s oversight and coordination. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Hazardous Materials Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials, and (iii) in accordance with the requirements of the Project’s Sustainability Practices and Tenant is strongly encouraged to comply with the applicable Green Building Standards. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (iSection 9.1(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) For any Tenant Alterations which Tenant requests Landlord to install, the forgoing provisions of this Section 9.1 shall apply; provided, however, in addition to paying the cost of the Tenant Alterations, Tenant also shall pay an administrative fee equal to fifteen percent (15%) of such cost to Landlord, as additional Rent under this Lease, and Landlord’s liability for such Tenant Alterations work shall be subject to and limited by the provisions of Article 17 below. All Tenant Additions, whether installed by Landlord or Tenant, shall, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, unless pursuant to Article Twelve12, Tenant may remove them or is required to remove them at Landlord’s request.
(c) Notwithstanding anything in this Section 9.1 to the contrary, ▇▇▇▇▇▇▇▇’s consent shall not be required for any Tenant Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (i) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (ii) is not visible from the exterior of the Premises or Building; (iii) will not affect the Building’s systems; (iv) does not require work to be performed inside the walls or above the ceiling of the Premises; (v) does not require a building permit; and (f) does not exceed (in the aggregate with all other such Cosmetic Alterations) $75,000.00 in any calendar year during the Term. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.1.
Appears in 1 contract
Sources: Office/Laboratory Lease (Avista Public Acquisition Corp. II)
Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule). The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant shall reimburse provide Landlord for any reasonable sums paid by Landlord for third-party evaluation with appropriate evidence of Tenant’s plans ability to complete and pay for any the completion of the Tenant AlterationsAlterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations (other than Decorations)Alterations, Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file mylar and one hard copy digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than DecorationsAlterations, Tenant shall pay Landlord a construction fee equal and all elevator and hoisting charges at Landlord’s then standard rate (which fees and charges shall not to exceed three percent (3%) of the cost of the Tenant Alterations for Landlord’s oversight and coordinationAlterations). Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (iSection 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, Additions to the Premises whether installed by Landlord or Tenant, shall, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, unless pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request.
Appears in 1 contract
Tenant Alterations. (a) 9.1 The following provisions initial improvements shall apply be constructed in the Premises in accordance with Exhibit B attached hereto and made a part hereof. It is understood and agreed that Landlord will not make, and is under no obligation to make, any structural or other alterations, decorations, additions or improvements in or to the completion of any Tenant Alterations:
(1) Tenant shall notPremises, except as provided hereinin this Section 9.1.
(a) Tenant will not make or permit anyone to make any alterations, decorations, additions or improvements (hereinafter referred to collectively as “improvements” or “Alterations”) in or to the Premises or the Building, without the prior reasonable written consent of Landlord; provided however Landlord’s sole consent shall be required for any Alteration which is deemed to be a Structural Alteration. “Structural Alterations” shall be any Alterations that (i) will or may necessitate any changes, replacements or additions to columns or floors or other structural elements of the Building; (ii) are readily visible to the exterior of the Building, or the common and public areas thereof, or the main lobby of the Building, (iii) adversely affect the base building systems of the Building or the roof of the Building, or (iv) would have a negative impact on any building warranty. Notwithstanding the foregoing, provided Tenant gives Landlord reasonable prior written notice thereof, Tenant may install in the Premises, without obtaining Landlord’s prior written consent, minor, nonstructural Alterations of a decorative nature (“Cosmetic Alterations”) the value of which (as reasonably determined by Landlord) is less than Fifty Thousand Dollars ($50,000) and which do not require a building permit, for example, the hanging of artwork or the installation of carpeting.
(b) Any Alterations made by Tenant shall be made: (i) in a good, workmanlike, first-class and prompt manner and otherwise in accordance with Landlord’s rules, including any rules for contractors, that may be established by Landlord from time to time; (ii) using new or sustainable materials only; (iii) by a contractor, on days, at times and under the supervision of an architect approved in writing by Landlord; (iv) after coordinating the work schedule and scope with the Building’s property manager to avoid undue interference with the normal operations and use of the Building; (v) in accordance with plans and specifications prepared by an engineer or architect reasonably acceptable to Landlord, which plans and specifications shall be approved in writing by Landlord, and Tenant shall reimburse Landlord for all reasonable, third-party, out-of-pocket costs (if any) incurred by Landlord in connection therewith; (vi) in accordance with all Legal Requirements, Insurance Requirements (as defined below) and the requirements of the Underwriters’ Association of the District of Columbia; (vii) after having obtained any required consent of the holder of any mortgage (if any such consent is required); and (viii) after obtaining public liability and worker’s compensation insurance policies in accordance with the terms and conditions of Article XIII approved in writing by Landlord, which policies shall cover every person who will perform any work with respect to such Alteration.
(c) Prior to each payment to any contractor, subcontractor, laborer, or material supplier for all work, labor, and services to be performed and materials to be furnished in connection with Alterations, Tenant shall obtain and deliver to Landlord written waivers of mechanics’ and materialmen’s liens against the Premises and the Building from all contractors, subcontractors, laborers and material suppliers for all work, labor and services performed and materials furnished in connection with Alterations through the date of the then-current requisition, conditioned only on payment of the amount requisitioned. If any lien (or a petition to establish such lien) is filed in connection with any Alteration, such lien (or petition) shall be discharged by Tenant within ten (10) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlord. If Landlord gives its consent to the making of any Alteration, such consent shall not be deemed to be an agreement or consent by Landlord to subject its interest in the Premises or the Building to any liens which may be filed in connection therewith. If Tenant shall fail to discharge any such mechanic’s or materialmen’s lien, Landlord may, at its option, discharge such lien and treat the cost thereof (including reasonable attorneys’ fees incurred in connection therewith) as additional rent payable with the next monthly installment of annual base rent falling due; it being expressly agreed that such discharge by Landlord shall not be deemed to waive or release the default of Tenant in not discharging such lien. It is understood and agreed that any improvements to the Premises shall be conducted on behalf of Tenant and not on behalf of Landlord, and that Tenant shall be deemed the “owner” of such improvements (and not the agent of Landlord) for purposes of the application of District of Columbia lien laws.
(d) All Alterations involving tie-ins to the Building’s fire and life safety systems, changes and modifications to the Building’s exterior envelope (roof, glass, glazing, etc.), or any other item affecting a warranty shall, at Landlord’s election, be performed by Landlord’s designated contractor or subcontractor at Tenant’s expense.
(e) Tenant’s contractor shall use light sensors in connection with performance of the Alterations.
(f) Promptly after the completion of an Alteration, Tenant at its expense shall deliver to Landlord one (1) set of accurate as-built drawings and one (1) AutoCAD computer disc showing such Alteration in place.
(g) When granting its consent, Landlord may impose any reasonable conditions it deems appropriate, including, without limitation, the approval of plans and specifications, approval of the contractor or other persons who will perform the work, and the obtaining of required permits and specified insurance. Portions of the Premises visible to the public shall maintain a uniform appearance with the rest of the Building. Landlord’s review and approval of any such plans and specifications and its consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with all applicable Legal Requirements and requirements of the insurers of the Building (“Insurance Requirements”) nor deemed a waiver of Tenant’s obligations under this Lease with respect to all applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance with all applicable Legal Requirements or Insurance Requirements of such plans, specifications and work.
(h) Tenant acknowledges and agrees that Landlord shall be the owner of any additions, alterations and improvements in the Premises or the Building to the extent paid for by Landlord.
9.3 Tenant shall indemnify and hold Landlord harmless from and against any and all expenses, liens, claims, liabilities and damages based on or arising, directly or indirectly, by reason of the making of any improvements to the Premises by Tenant, or its contractors, agents or employees. If any improvements (other than Cosmetic Alterations) are made without the prior written consent of Landlord, which consent Landlord shall not have the right to remove and correct such improvements and restore the Premises to their condition immediately prior thereto, and Tenant shall be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations liable for all expenses incurred by Landlord in or connection therewith. All improvements to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant Building made by either party shall give Landlord ten (10) days’ prior written notice (or such earlier notice as would remain upon and be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord surrendered with the names and addresses Premises as a part thereof at the end of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as the Lease Term, unless Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, specifies in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule. The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such approval of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Tenant shall reimburse Landlord for any reasonable sums paid by Landlord for third-party evaluation of Tenant’s plans for any Tenant Alterations. Upon completion of the Tenant Alterations (other than Decorations), Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file and one hard copy set of plans and specifications for such improvements that Tenant must remove the Tenant Alterations.
improvements upon the expiration or earlier termination of the Lease Term (2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work subject to the Property occasioned thereby. In connection with completion terms of any the last sentence of this Section 9.3), except that if Tenant Alterations other than Decorationsis not in default under this Lease, Tenant shall pay Landlord a construction fee equal have the right to three percent (3%) remove, at Tenant’s sole expense, prior to the expiration of the cost Lease Term, all movable furniture, furnishings and equipment installed in the Premises solely at the expense of Tenant. All damages and injury to the Premises or the Building caused by such removal shall be repaired by Tenant, at Tenant’s sole expense. If such property of Tenant Alterations for Landlord’s oversight and coordination. Upon completion is not removed by Tenant prior to the expiration or termination of Tenant Alterationsthis Lease, Tenant the same shall furnish Landlord with contractors’ full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, whether installed by Landlord or Tenant, shall, without compensation or credit to Tenant, become part of the Premises and the property of Landlord and shall be surrendered with the Premises as a part thereof. Notwithstanding anything to the contrary contained in this Lease, (a) any removal and restoration that Landlord may require hereunder will be limited to above standard improvements (whether performed as part of the Leasehold Work or as a subsequent Alteration), including without limitation, supplemental HVAC units, LAN rooms, raised flooring and private lavatories, and (b) removal and restoration shall be required in all events for all voice and data cabling if required pursuant to Section 26.1(j) below, which must be bundled and identified at the time of their installation and shall remain removed in accordance with the Premises, unless, pursuant to terms of Article Twelve, Tenant may remove them or is required to remove them at Landlord’s requestXXVI below.
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Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall notnot make any alterations, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned additions or delayed, make or cause to be made any Tenant Alterations improvements in or to the Premises Premises, or make changes to locks on doors, or add, disturb or in any Property systems serving the Premises. Prior to making way change any floor covering, wall covering, fixtures, plumbing or wiring (individually and collectively "Tenant Alterations"), Tenant shall give without first obtaining the consent of Landlord ten (10) days’ prior written notice (or such earlier notice as would which may be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without withheld in Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed's reasonable discretion; provided, however, with respect to Tenant Alterations that may affect structural, exterior, mechanical or electrical aspects of the Premises, Landlord may, may withhold its consent in its sole and absolute discretion. Notwithstanding the foregoing, specify the engineers and contractors to perform all work relating Tenant may make strictly cosmetic changes to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems finish work in the Building) so long as Premises, not including any changes affecting the same offer pricing that is not unreasonably above market considering their expertise Project structure, appearance, or systems and experience with the Building and are reasonably available pursuant to Tenant’s schedule. The contractorsequipment, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its without Landlord's consent upon Tenant furnishing (but nevertheless requiring at least 10 days' prior notice to Landlord and Landlord approving prior to otherwise in compliance with the commencement provisions of this Paragraph 4.4), provided that (i) the cost of any work or delivery individual change does not exceed Ten Thousand Dollars ($10,000.00), (ii) the aggregate cost of materials to the Premises related to the Tenant Alterations any such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will changes does not exceed Fifty Thousand Dollars ($50,000.00) in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insuranceconsecutive twelve (12) month period, and such changes do not require any structural or other documents in substantial modifications to the Premises, and (iii) no such form reasonably requested by Landlord. Tenant shall reimburse Landlord for any reasonable sums paid by Landlord for third-party evaluation of Tenant’s plans for any Tenant Alterations. Upon completion Alteration affects structural, exterior, mechanical or electrical aspects of the Tenant Alterations (other than Decorations), Premises. Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file full and one hard copy set of complete plans and specifications for any proposed Tenant Alterations and, if consent by Landlord is given, all such work shall be performed at Tenant's expense by Tenant (a "Permitted Alteration"). Tenant shall pay to Landlord all reasonable out-of-pocket costs incurred by Landlord for any architectural, engineering, supervisory and/or legal services in connection with any Tenant Alterations including, without limitation, Landlord's review of the Plans. Without limiting the generality of the foregoing, Landlord may require Tenant at Tenant's sole cost and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond, in forms, amounts and by companies acceptable to Landlord. Should Tenant make any alterations without Landlord's prior written consent, or without satisfaction of any conditions established by Landlord, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant to remove some or all of the Tenant Alterations at Tenant's sole cost and expense and restore the Premises to the same condition existing prior to undertaking the Tenant Alterations.
, or, at Landlord's election, Landlord may remove such Tenant Alterations and restore the Premises at Tenant's expense. All Tenant Alterations to the Premises, regardless of which party constructed them or paid for them, shall become the property of Landlord and shall remain upon and be surrendered with the Premises upon the expiration or earlier termination of this Lease; provided, however, at Landlord's sole election Tenant shall be obligated, at its sole cost and expense, to remove all (2or such portion as Landlord shall designate) of the Tenant Alterations and Tenant Improvements and repair any damage resulting from such removal and return the Premises to the same condition existing prior to the undertaking upon the expiration or earlier termination of this Lease. If Tenant fails to remove any such Tenant Alterations as required by Landlord's consent, Landlord may do so and Tenant shall pay the entire cost thereof to Landlord within ten (10) Business Days after Tenant's receipt of Landlord's written demand therefor. Tenant shall have the right, at the time it requests Landlord's consent and delivers all Tenant Alterations plans and the cost of decorating the Premises and any work specifications to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than Decorations, Alteration to make a written request that Landlord notify Tenant whether Tenant shall pay Landlord a construction fee equal be obligated to three percent (3%) remove the applicable Tenant Alteration at the end of the cost of Tenant Alterations for Landlord’s oversight and coordination. Upon completion of Tenant AlterationsLease Term, in which event Tenant shall furnish Landlord with contractors’ full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees only be obligated to complete all Tenant Alterations remove (i) in accordance with all Laws, Environmental Laws, all requirements those Tenant Alterations that Landlord notified Tenant it must remove at the end of applicable insurance companies the Lease Term at the same time of and in accordance connection with Landlord’s standard construction rules and regulationsTenant's requested approval of the Tenant Alterations, and (ii) those Tenant Alterations that Tenant did not seek or did not obtain Landlord's written consent to leave in a good place at the end of the Lease Term, and workmanlike manner with the use of good grades of materialsthat Landlord requires Tenant to remove. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by reimburse Landlord, nor shall any approvals given upon receipt of demand therefor, for all reasonable out of pocket costs and expenses incurred by Landlord under during its review of Tenant's plans and specifications (regardless of whether Landlord approves Tenant's request) and Tenant's construction. Nothing contained in this Lease constitute any warranty by Landlord to Tenant paragraph or the paragraph captioned "Tenant's Work Performance" shall be deemed a waiver of the adequacy provisions of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (i) and (ii) above or impose any liability upon Landlord in connection with the performance of such workparagraph captioned "Mechanic's Liens.
(b) All Tenant Additions, whether installed by Landlord or Tenant, shall, without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request."
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Sources: Lease (MRV Communications Inc)
Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1) Until Total Rent is paid in full, Tenant shall not, except as provided hereinnot make, without the Landlord’s prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make any material alterations, improvement, repairs or cause additions to be made any Tenant Alterations in or to and upon the Premises or any Property systems serving and shall not demolish the PremisesBuilding. Prior to making any Tenant AlterationsAfter Total Rent is paid in full, Tenant shall give Landlord ten (10) days’ prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designatewithout Landlord’s consent may make such alterations, improvements, repairs, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayedadditions to and upon the Premises and the Building thereon and may install therein such Personalty and other property as it may consider advisable; provided, howeverthat no such actions may be taken prior to the expiration or termination of the Hosting Services Agreement if such actions would prevent Landlord from performing its obligations under the Hosting Services Agreement in the same manner as it performs such obligations as of the Commencement Date. Without limiting the foregoing, that Landlord after the expiration or termination of the Hosting Services Agreement, Tenant may, in at its sole discretionelection, specify demolish the engineers Building and, at its election, construct a new building. In connection therewith, Tenant shall, at Tenant’s expense, apply for any building permits required for the construction thereof. In connection therewith, at the request and contractors to perform all work relating expense of Tenant, Landlord shall: (a) cooperate to the Building’s extent necessary to obtain any required permits; (b) join with Tenant in all applications and proceedings; (c) agree (under a separate agreement to be negotiated in good faith by Landlord and Tenant) to allow Tenant to connect all sanitary wastewater systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with of the Building and are reasonably available pursuant to Tenant’s schedule. The contractorsall other alterations, mechanics improvements and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials additions to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans existing sanitary wastewater treatment and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Tenant shall reimburse Landlord for any reasonable sums paid disposal system maintained by Landlord for third-party evaluation of Tenant’s plans for any Tenant Alterations. Upon completion of on the Tenant Alterations Entire Parcel; and (other than Decorations)d) execute all agreements, Tenant shall deliver to Landlord an as-built CADD-DWG fileeasements and dedications required by government agencies, as a PDF file and one hard copy set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work condition to the Property occasioned thereby. In connection with completion issuance of such permits but only to the extent any Tenant Alterations other than Decorationssuch agreements, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for Landlord’s oversight and coordination. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations easements and/or dedications (i) affect only the Premises or affect any other portion of the Entire Parcel in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, a non-material manner and (ii) in a good and workmanlike manner with do not affect the use operation of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, whether installed by Landlord or Tenant, shall, without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s requestbusiness in any materially adverse manner.
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Tenant Alterations. (a) The following provisions shall apply Tenant, at its cost and expense, may install in the Building such personal property as Tenant determines to be necessary or appropriate to conduct its business. Tenant, at its cost and expense, also may make non-structural alterations, improvements or additions to the completion interior of the Building so long as (i) such alterations, improvements or additions do not affect the storm water drainage serving the Leased Premises or any Building Systems (as defined below), and (ii) the aggregate cost of such alterations, improvements or additions in any given lease year is less than Seventy-Five Thousand Dollars ($75,000.00) (“Non-Structural Alterations”) if: (i) Tenant delivers to Landlord a written notice describing the proposed alteration, improvement or addition with particularity, and provides to Landlord copies of any plans and specifications for the proposed alteration, improvement or addition; and (ii) upon the expiration of the Lease Term or earlier termination of this Lease, Tenant surrenders the part of the Leased Premises altered or improved in as good a condition as on the date that Tenant accepts the Leased Premises, reasonable wear and tear and such Non-Structural Alterations:
(1) , excepted. Tenant shall notmake no alterations, except as provided hereinimprovements or additions of or to the exterior of the Building, without the prior written consent of Landlord, which consent shall not be unreasonable withheld, conditioned, or delayed. Tenant shall make no structural alterations, improvements or additions of or to any part of the Leased Premises or make any alterations, improvements or additions that affect the storm water drainage serving the Leased Premises or any Building Systems, in either case, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed. All improvements, alterations and additions to the Leased Premises, excepting only Tenant’s unattached personal property, shall become the sole property of Landlord upon the expiration of the Lease Term or earlier termination of this Lease; provided, that Landlord shall have the right but if Landlord so specifies in its consent to the same, to require Tenant to remove any such alteration, improvement or addition upon the expiration of the Lease Term or earlier termination of this Lease, in which event, Tenant shall repair any and all damage to the Leased Premises resulting from such removal and shall surrender the part of the Leased Premises altered or improved in as good a condition as on the date that Tenant accepts the Leased Premises as set forth above; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule. The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Tenant shall reimburse Landlord for have no obligation to remove any reasonable sums paid by Landlord for thirdNon-party evaluation of Tenant’s plans for any Tenant Alterations. Upon completion of the Tenant Alterations (other than Decorations), Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file and one hard copy set of plans and specifications for the Tenant Structural Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than Decorations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for Landlord’s oversight and coordination. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, whether installed by Landlord or Tenant, shall, without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request.
Appears in 1 contract
Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten seven (107) days’ days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole reasonable discretion, specify approve the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication systems) and any separate monitoring and detection fire and life safety system exclusively serving the Premises and installed by Tenant. Further, Landlord may, in its sole discretion, designate the engineers and contractors to perform all work related to the structural portions of the Building (including the foundation and underslab) and Landlord’s fire sprinkler and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule. The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant shall reimburse provide Landlord for any reasonable sums paid by Landlord for third-party evaluation with appropriate evidence of Tenant’s plans ability to complete and pay for any the completion of the Tenant AlterationsAlterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations (other than Decorations)Alterations, Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file mylar and one hard copy digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than DecorationsAlterations, Tenant shall pay Landlord a construction fee equal at Landlord’s then standard rate (not to exceed three percent (3%) of the cost of the Tenant Alterations for Alterations) and all elevator and hoisting charges at Landlord’s oversight and coordinationthen standard rate. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (iSection 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, Additions to the Premises whether installed by Landlord or Tenant, shall, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, unless pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request. Notwithstanding anything to the contrary in this Lease or the Workletter, all trade fixtures and personal property installed in the Premises at Tenant’s expense (“Tenant’s Property”) shall at all times remain Tenant’s property and Tenant shall be entitled to all depreciation, amortization and other tax benefits with respect thereto. Landlord and Tenant agree that the following shall be deemed to be Tenant’s Property: portable lab benches which are not attached to the Premises (except for an electrical power plug), security system controls, ovens, audio-visual equipment, server racks, autoclaves, glass washes, ice makers, freezers, refrigerators, liquid nitrogen storage containers, biosafety cabinets, fume hoods and other laboratory equipment. At any time Tenant may remove Tenant’s Property from the Premises, provided Tenant repairs all damage caused by such removal and complies with other applicable provisions of the Lease.
Appears in 1 contract
Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-non- responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work may, without Landlord’s prior written consent, undertake (i) Decoration work and/or (ii) any Alterations that (x) do not adversely affect the roof, structural portions or the systems or equipment of the Building, (y) are not visible from the exterior of the Building, and (z) do not cost, in the aggregate, over the Term of the Lease, in excess of $50,000. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule. The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant shall reimburse provide Landlord for any reasonable sums paid by Landlord for third-party evaluation with appropriate evidence of Tenant’s plans ability to complete and pay for any the completion of the Tenant AlterationsAlterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations (other than Decorations)Alterations, Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file mylar and one hard copy digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than DecorationsAlterations, Tenant shall shall, upon receipt of Landlord’s itemized invoice therefor, pay Landlord Landlord’s actual and reasonable costs to review the plans and specifications for such Tenant Alterations and to monitor the performance thereof, including a construction administration fee equal to three percent (3%) of the cost of Tenant Alterations for and all elevator and hoisting charges at Landlord’s oversight and coordinationthen standard rate. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s Tenants intended use or of compliance with the requirements of clauses (iSection 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, Additions to the Premises whether installed by Landlord or Tenant, shall, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, unless pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request. Tenant’s Personal Properly, as set forth in Exhibit G, shall at all times remain the property of Tenant and Tenant shall remove such property at the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Genomic Health Inc)
Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. , Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine9, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule). The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant shall reimburse provide Landlord for any reasonable sums paid by Landlord for third-party evaluation with appropriate evidence of Tenant’s plans ability to complete and pay for any the completion of the Tenant AlterationsAlterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations (other than Decorations)Alterations, Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file mylar and one hard copy digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than Decorations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for Landlord’s oversight and coordination. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (iSection 9.1(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, whether installed by Landlord or Tenant, shall, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, unless pursuant to Article Twelve12, Tenant may remove them or is required to remove them any Tenant Additions installed by Tenant at Landlord’s requestrequest (provided that, Tenant shall not be required to remove any of the Landlord Work installed In the Premises pursuant to the Workletter).
Appears in 1 contract
Sources: Sublease (Berkeley Lights, Inc.)
Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s 's prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s 's systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule). The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s 's engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or 's systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant shall reimburse provide Landlord for any reasonable sums paid by Landlord for third-party evaluation with appropriate evidence of Tenant’s plans 's ability to complete and pay for any the completion of the Tenant AlterationsAlterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations (other than Decorations)Alterations, Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file mylar and one hard copy digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than DecorationsAlterations, Tenant shall pay Landlord a construction fee equal to three and all elevator and hoisting charges at Landlord's then standard rate, which shall not exceed two percent (3%) of all "hard costs" of the cost of Tenant Alterations for Landlord’s oversight and coordinationAlterations. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ ' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s 's standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s 's intended use or of compliance with the requirements of clauses (iSection 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, Additions to the Premises whether installed by Landlord or Tenant, shall, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, unless pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s 's request.
Appears in 1 contract
Sources: Lease Agreement (Netobjects Inc)
Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1a) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property Building systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten five (105) days’ ' prior written notice (or such earlier notice as would be necessary pursuant to applicable Lawlaw) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s 's prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, conditioned or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule. The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers reasonably acceptable to Landlord stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or 's systems, including, without limitation, the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, and the fire and life safety systems in the Building, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant shall reimburse provide Landlord for any reasonable sums paid by Landlord for third-party evaluation with appropriate evidence of Tenant’s plans 's ability to complete and pay for any the completion of the Tenant AlterationsAlterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations (other than Decorations)Alterations, Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file mylar and one hard copy digitized (if available) set of plans and specifications for the Tenant Alterations.
(2b) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property Building occasioned thereby. In connection with completion of any Tenant Alterations other than DecorationsAlterations, Tenant shall pay Landlord a construction management fee equal in an amount reasonably acceptable to three both parties under the circumstances based on the scope of the Tenant Alterations to be performed, but in any event not to exceed five percent (35%) of the cost of such Tenant Alterations for Landlord’s oversight and coordinationAlterations. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ ' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3c) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s 's standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s 's intended use or of compliance with the requirements of clauses (iSection 9.01(c)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(bd) All Tenant Additions, Alterations whether installed by Landlord or Tenant, shall, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, unless pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s 's request.
Appears in 1 contract
Sources: Office Lease (Genesis Energy Lp)
Tenant Alterations. SECTION 1. After completion of the initial preparation of the Demised Premises as provided for in Article 2, Tenant may not, at any time or from time to time during the Lease Term, make any alterations, additions, installations, substitutions and improvements (ahereinafter collectively called "changes" and, as applied to changes provided for in this Article, "Tenant's Changes") The following provisions shall apply in and to the completion Demised Premises, except as otherwise provided in this Article 15. Subject to the provisions of this Article 15, Tenant, at its sole cost and expense, may, without first obtaining Landlord's consent, but upon at least thirty (30) days prior notice, make any cosmetic non-structural changes not affecting the Building's building systems or the certificate of occupancy for the Building or interfering with the use of the Building by other occupants, the estimated cost of which, in the aggregate, does not exceed fifty thousand ($50,000.00) dollars, provided that the same (i) may be undertaken without the filing of any Tenant Alterationspermits or applications with the Town of Harr▇▇▇▇, (▇i) is at least in accordance with Building Standard, and (iii) complies with all applicable laws, rules and regulations of the jurisdiction in which the Building is located. All other changes shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed, and to such other requirements as are herein set forth and as Landlord may hereafter reasonably impose. Tenant's Changes shall be performed on the following conditions, provided that in no event shall such changes result in a violation of or require a change in the certificate of occupancy applicable to the Demised Premises:
(1A) The outside appearance, character or use of the Building shall not be affected, and no Tenant's Changes shall weaken or impair the structural strength, or in the opinion of Landlord, lessen the value of the Building;
(B) No part of the Building outside of the Demised Premises shall be physically affected;
(C) The proper functioning of any of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected;
(D) Tenant's Changes shall be performed at Tenant's sole cost and expense, and in performing such work, Tenant shall be bound by and observe all of the conditions and covenants contained in this Article and all rules and regulations of the City, State and Federal governmental agencies having jurisdiction, including, but not limited to, those of the Department of Buildings of the jurisdiction where the Building is located;
(E) At the time Landlord approves Tenant's Changes, Landlord shall notify Tenant what items of Tenant's Changes shall, unless Landlord otherwise elects by giving Tenant notice of not less than thirty (30) days prior to the expiration or termination of this Lease, become the property of the Landlord and shall remain upon and be surrendered with the Demised Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant's trade fixtures, furniture or ordinary walls and partitions made to divide space for use by Tenant's personnel except that Landlord may require the removal of all or any part of the Operations Center and Executive Center. If Landlord fails to notify Tenant of such possible removal obligation at the time of Landlord's approval of Tenant's Changes, Tenant shall not be required to remove such changes.
(F) With respect to each of Tenant's Changes performed by Tenant, Tenant shall pay to Landlord, as additional rent, upon demand, Landlord's reasonable costs incurred for supervision and coordination of the work performed in connection with such improvement as is reasonably necessary; and
(G) Before proceeding with any change (exclusive of changes in items constituting "Tenant's Property" as defined in Article 16) Tenant shall notsubmit to Landlord plans and specifications for the work to be done, except for Landlord's approval in writing, and if such change requires approval by or notice to the lessor of a superior lease(s) or the holder of a superior mortgage(s), Tenant shall not proceed with the change until such approval has been received, or such notice has been given, as provided hereinthe case may be, and all applicable conditions and provisions of said superior lease(s) or superior mortgage(s) with respect to the proposed change or alteration have been met or complied with at Tenant's expense. Any change for which approval has been received shall be performed strictly in accordance with the approved plans and specifications, and no amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Tenant shall not be permitted to affix and make part of the Demised Premises any materials, fixtures or articles which are subject to liens, conditional sales contracts, security agreements or chattel mortgages.
SECTION 2. All Tenant's Changes shall at all times comply with laws, orders and regulations of governmental authorities having jurisdiction thereof, and all rules and regulations of Landlord (in addition to those expressly provided in this Lease) which in Landlord's reasonable opinion, are necessary to protect its interest, including without limitation, a guaranty of completion, payment and restoration. Tenant, at its expense, shall obtain all necessary governmental and Board of Fire Underwriters permits and certificates for the commencement and prosecution of Tenant's Changes and for final approval thereof upon completion, shall provide copies of same to Landlord promptly upon request, and shall cause Tenant's Changes to be performed in compliance therewith and with all applicable requirements of insurance bodies, and in good and first class workmanlike manner, using materials and equipment at least equal in quality and class to the original installations of the Building. Tenant's Changes shall be performed in such a manner as not to materially or unduly interfere with the occupancy of any other tenant in the Building nor delay, or impose any additional expense upon Landlord in the construction, maintenance, or operation of the Building, and shall be performed by contractors or mechanics approved by Landlord. Landlord's approval shall not be unreasonably withheld or delayed. Throughout the performance of Tenant's Changes, Tenant, at its expense, shall carry and shall cause all contractors, agents and other persons performing Tenant's Changes to carry such insurance as Landlord may require relative to such changes. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of Tenant's Changes and, on request, at reasonable intervals thereafter during the continuance of Tenant's Changes. No Tenant's Changes shall involve the removal of any fixtures, equipment or other property in the Demised Premises which are not "Tenant's Property" (as defined in Article 16), unless Landlord's prior written consent is first obtained, which consent shall not be unreasonably withheld, conditioned withheld or delayed, make and unless such fixtures, equipment or other property shall be promptly replaced, at Tenant's expense and free of superior title, liens and claims, with fixtures, equipment or other property (as the case may be) of like utility and at least equal value (which replaced fixtures, equipment or other property shall thereupon become the property of Landlord), unless Landlord shall otherwise expressly consent in writing.
SECTION 3. Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Tenant's Changes which shall be issued by the appropriate department of the municipality where the Building is located or any other public authority having or asserting jurisdiction. Tenant shall defend, indemnify and save harmless Landlord against any and all mechanics and other liens in connection with Tenant's Changes, repairs, or installation, including but not limited to the liens of any conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Demised Premises and against all costs, reasonable attorneys' fees, fines, expenses and liabilities reasonably incurred in connection with any such lien, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant, at its expense, shall procure the satisfaction or discharge of all such liens within thirty (30) days of the filing of such lien against the Demised Premises or the Building. If Tenant shall fail to cause such lien to be made discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by Landlord and all reasonable costs and expenses incurred by Landlord in connection therewith, together with interest thereon at the lesser of the maximum permitted by law or two (2%) percent per month or portion thereof from the respective dates of Landlord's making of the payment or incurring of the cost and expense shall constitute additional rent payable by Tenant Alterations under this Lease and shall be paid by Tenant on demand. If Tenant makes any such payment it shall not be entitled to any set-off against rent due hereunder. Tenant agrees that it will not at any time prior to or during the Lease Term, either directly or indirectly, use any contractors, labor or materials which would, in Landlord's opinion, create any difficulty with other contractors or to labor engaged by Tenant or Landlord or others or would in any way disturb harmonious labor relations in the Premises construction, maintenance or operation of the Building or any Property systems serving part thereof or any other building owned or operated by Landlord or any Affiliate of Landlord. Tenant agrees to comply with, and require all contractors hired by Tenant to comply with, all federal, state, and local laws and regulations pertaining to employment, conditions, and hours of employment in connection with any construction in the PremisesBuilding and except where Landlord specifically permits otherwise, employ union labor on such construction.
SECTION 4. Prior All of Tenant's Changes, whether performed by Landlord or by Tenant shall be performed only during Standard Business Hours, except that core drilling which is required after the Commencement Date shall be done during time periods which are not Standard Business Hours. If Tenant requires Landlord to making any perform work during other hours, or if Tenant Alterationsdesires to perform work through its contractors, agents or employees, provided Landlord so consents, Tenant shall give pay as additional rent, the actual cost of employing such additional help as shall be reasonably required, as well as the actual cost of such necessary supervisory personnel, if any, employed by Landlord in connection with such work. Payment shall be made by Tenant to Landlord within ten (10) days’ prior written notice (or such earlier notice days after being billed therefor. Tenant's contractors shall comply with the rules of the Building as would be necessary pursuant to applicable Law) the hours of availability of the Building elevators and the manner of handling materials, equipment and debris to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nineavoid conflict and interference with Building operations, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant and shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as insurance certificates required by Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s scheduleArticle 14 hereof. The contractorsIn addition, mechanics and engineers who may be used are further limited to those whose work will not cause if Tenant or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and its contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such require use of the following as specified by Landlord: architectural plans and specificationsfreight elevators after Standard Business Hours, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Tenant shall reimburse Landlord for any reasonable sums paid by Landlord for third-party evaluation of Tenant’s plans for any Tenant Alterations. Upon completion of the Tenant Alterations (other than Decorations), Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file and one hard copy set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than Decorations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations reasonable costs for Landlord’s oversight and coordination. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades thereof within ten (10) days after being billed therefor. The delivery and handling of materials, equipment and debris shall be arranged to avoid any inconvenience and annoyance to other tenants. Tenant Cleaning shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations be controlled to prevent dirt and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision dust from infiltrating into adjacent tenant or right to supervise by Landlord, nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (i) and (ii) above or impose any liability upon Landlord in connection with the performance of such workmechanical areas.
(b) All Tenant Additions, whether installed by Landlord or Tenant, shall, without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request.
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Sources: Lease Agreement (Atlas Air Inc)
Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of LandlordLandlord except for Cosmetic Alterations (as hereinafter defined), which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises to the Premises. Notwithstanding anything in this Section 9.1 to the contrary, Landlord’s consent shall not be required for any Tenant Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (A) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (B) is not visible from the exterior of the Premises or Building; (C) will not affect the Building’s systems; (D) does not require work to be performed inside the walls or above the ceiling of the Premises; (E) does not require a building permit; and (f) does not exceed $100,000.00 for any single Cosmetic Alteration. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.1. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consentnonresponsibility. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, conditioned or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule). The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant shall reimburse provide Landlord for any reasonable sums paid by Landlord for third-party evaluation with appropriate evidence of Tenant’s plans ability to complete and pay for any the completion of the Tenant AlterationsAlterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations (other than Decorations)Alterations, Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file and one hard copy digitized set of plans and specifications for the Tenant AlterationsAlterations in both protected document (“.pdf”) and computer-aided design (“CAD”) formats.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than Decorations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for Landlord’s oversight and coordination. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Hazardous Materials Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials, and (iii) in accordance with the requirements of the Project’s Sustainability Practices and Tenant is strongly encouraged to comply with the applicable Green Building Standards. Tenant shall promptly notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (iSection 9.1(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) For any Tenant Alterations which Tenant requests Landlord to install, the forgoing provisions of this Section 9.1 shall apply; provided, however, in addition to paying the cost of the Tenant Alterations, Tenant also shall pay an administrative fee equal to fifteen percent (15%) of such cost to Landlord, as additional Rent under this Lease, and Landlord’s liability for such Tenant Alterations work shall be subject to and limited by the provisions of Article 17 below. All Tenant Additions, whether installed by Landlord or Tenant, shall, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, unless pursuant to Article Twelve12, Tenant may remove them or is required to remove them at Landlord’s request.
Appears in 1 contract
Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1i) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule). The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant shall reimburse provide Landlord for any reasonable sums paid by Landlord for third-party evaluation with appropriate evidence of Tenant’s plans ability to complete and pay for any the completion of the Tenant AlterationsAlterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations (other than Decorations)Alterations, Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file mylar and one hard copy digitized (if available) set of plans and specifications for the Tenant Alterations.
(2ii) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than Decorations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for Landlord’s oversight and coordination. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3iii) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses Section 9.1 (ia)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, Additions whether installed by Landlord or Tenant, shall, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, unless pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request.
Appears in 1 contract
Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1a) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property Building systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ ' prior written notice (or such earlier notice as would be necessary pursuant to applicable Lawlaw) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s 's prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule. The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers reasonably acceptable to Landlord stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or 's systems, including, without limitation, the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, and the fire and life safety systems in the Building, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant shall reimburse provide Landlord for any reasonable sums paid by Landlord for third-party evaluation with appropriate evidence of Tenant’s plans 's ability to complete and pay for any the completion of the Tenant AlterationsAlterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations (other than Decorations)Alterations, Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file mylar and one hard copy digitized (if available) set of plans and specifications for the Tenant Alterations.
(2b) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property Building occasioned thereby. In connection with completion of any Tenant Alterations other than DecorationsAlterations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for at Landlord’s oversight and coordination's then standard rate. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ ' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3c) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s 's standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s 's intended use or of compliance with the requirements of clauses (iSection 9.01(c)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(bd) All Tenant Additions, Alterations whether installed by Landlord or Tenant, shall, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, unless pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s 's request.
Appears in 1 contract
Tenant Alterations. (a) The following provisions Tenant shall apply not make any alterations, additions or improvements in or to the completion of Premises, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, wiring or Telecommunication Facilities (individually and collectively “Tenant Alterations:
(1) Tenant shall not, except as provided herein”), without first obtaining the prior written consent of Landlord. Notwithstanding the foregoing, which Landlord’s consent to Tenant Alterations shall not be required if (i) the same do not affect the structure or exterior appearance of the Building, change the general nature or character thereof, affect the mechanical, life/safety or other common utilities or facilities maintained by Landlord in the Building or require Landlord to make any alterations or additions to the Building, (ii) the cost of any of the foregoing Tenant Alterations, together with all such Tenant Alterations during the prior twelve (12) month period, does not exceed $25,000.00, and (iii) Tenant gives Landlord at least ten (10) days prior notice of any such work. Further, Landlord’s consent to any other Tenant Alterations shall not be unreasonably withheld, conditioned withheld if the same do not affect the structure or delayed, make or cause to be made any Tenant Alterations in or to exterior appearance of the Premises or the Building, change the general nature or character thereof, affect the mechanical, life/safety or other common utilities or facilities maintained by the Landlord in the Building or require Landlord to make any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ prior written notice (alterations or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating additions to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule. The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Tenant shall reimburse Landlord for any reasonable sums paid by Landlord for third-party evaluation of Tenant’s plans for any Tenant Alterations. Upon completion of the Tenant Alterations (other than Decorations), Tenant shall deliver to Landlord an asfull and complete plans and specifications for any proposed Tenant Alterations and, if consent by Landlord is given, all such work shall be performed at Tenant’s expense by Landlord or by Tenant at Landlord’s election. Tenant shall pay to Landlord all reasonable out-built CADDof-DWG filepocket costs incurred by Landlord for any architecture, a PDF file and one hard copy set engineering, supervisory and/or legal services in connection with any Tenant Alterations, including, without limitation, Landlord’s review of the plans and specifications for the Tenant Alterations.
. Without limiting the generality of the foregoing, Landlord may require Tenant (2) if Landlord has elected to require Tenant shall pay to perform the Tenant Alterations), at Tenant’s sole cost and expense, to obtain and provide Landlord with proof of all insurance coverage and a payment and performance bond, in forms, amounts and by companies acceptable to Landlord. Should Tenant Alterations and the cost of decorating the Premises and make any work to the Property occasioned thereby. In connection with completion alterations without Landlord’s prior written consent, or without satisfaction of any conditions established by Landlord, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant Alterations other than Decorations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for Landlord’s oversight and coordination. Upon completion remove some or all of Tenant Alterations, Tenant shall furnish Landlord with contractors’ full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with at Landlord’s standard construction rules and regulationselection, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any may remove such Tenant Alterations and restore the Premises at Tenant’s expense. Nothing contained in this paragraph or Section 4.5 (“Tenant’s Work Performance”) shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant be deemed a waiver of the adequacy provisions of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses Section 4.27 (i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work“Construction Liens”).
(b) All Tenant Additions, whether installed by Landlord or Tenant, shall, without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request.
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Tenant Alterations. (a) The following provisions shall apply All fixtures, equipment, improvements, alterations, installations which are attached to the completion of Demised Premises; any additions and appurtenances made by Tenant to the Demised Premises; and any Tenant Alterations:Improvements (excluding Tenant's trade fixtures, business equipment, movable partitions, and personal property), shall become the property of Landlord upon installation. Not later than the last day of the Term, Tenant shall, at its expense, remove from the Demised Premises all of Tenant's trade fixtures, business equipment, movable partitions, personal property, and any Alterations made by Tenant after Landlord has notified Tenant of its approval of the same on the condition that such Alteration must be removed prior to the last day of the Term pursuant to this Paragraph 6. Tenant, at its sole cost and expense, shall repair injury done by or in connection with the installation or removal of its property or Alterations required to be removed in accordance herewith. Any equipment, fixtures, goods or other property of Tenant not removed by Tenant upon the termination of this Lease, or upon any quitting, vacating, or abandonment of the Demised Premises, shall be considered as abandoned, and Landlord shall have the right, without any notice to Tenant, to sell or otherwise dispose of the same, at the expense of Tenant, and shall not be accountable to Tenant for any part of the proceeds of such sale, if any. Landlord may have any such property stored at Tenant's sole risk and expense.
(1b) Tenant shall not, except as provided hereinTenant, without Landlord's prior consent, shall have the right to make non-structural alterations, installations, additions or improvements in or to the Demised Premises that (i) involve a total cost of not more than Ten Thousand Dollars ($10,000.00), (ii) do not require a building permit to be issued by any governmental authority to legally make same, (iii) do not affect any existing Building systems outside the Demised Premises and do not impair or adversely affect any existing Building systems within the Demised Premises, and (iv) do not result in a violation of the Permitted Use of the Demised Premises. No other alterations, installations, additions or improvements (structural or non-structural) shall be made by Tenant without Landlord's express prior written consent approval. Landlord agrees that approval of Landlordsuch other alterations, which consent installations and improvements shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ prior written notice of any proposed alterations, installations, additions or improvements (or such earlier notice as would be necessary pursuant to applicable Law"Alterations") to permit Landlord sufficient time to post appropriate notices which require Landlord's approval with copies of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consentproposed plans. Tenant shall furnish supply Landlord with as-built plans upon completion of the names Alterations. Landlord shall have the right to require as a condition of its approval that Tenant remove any Alteration made to the Demised Premises prior to the expiration of the Lease and addresses to restore the Demised Premises to the condition existing prior to said Alteration, provided that Landlord notifies Tenant of all contractors and subcontractors and copies such condition at the time of all contractsLandlord's approval. All Tenant such Alterations shall be completed done at such time Tenant's sole expense and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval the making thereof shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule. The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Tenant shall reimburse Landlord for any reasonable sums paid by Landlord for third-party evaluation of Tenant’s plans for any Tenant Alterations. Upon completion of the Tenant Alterations (other than Decorations), Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file and one hard copy set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations other than Decorations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for Landlord’s oversight and coordination. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner interfere with the use of good grades of materialsthe Building by other Landlord. Tenant shall notify agrees to indemnify, defend and hold harmless Landlord immediately if Tenant receives from any notice and all costs, expenses, claims, causes of violation action, damages and liabilities of any Law in connection with completion type or nature whatsoever (including, but not limited to, reasonable attorneys fees and costs of litigation) arising out of or relating to the making of the Alterations by Tenant. Nothing herein contained shall be construed as constituting the permission of Landlord for a contractor, subcontractor or mechanic to file a construction lien claim against the Demised Premises or the Building and Tenant agrees to secure the removal of any Tenant such lien which a contractor, subcontractor or mechanic purports to file against the Demised Premises or the Building by payment, bonding or otherwise pursuant to law. All such Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of be effected in compliance with all applicable laws, ordinances, rules and regulations of government bodies having or asserting jurisdiction over the requirements of clauses (i) and (ii) above or impose any liability upon Landlord in connection with Demised Premises and/or the performance of such workBuilding.
(b) All Tenant Additions, whether installed by Landlord or Tenant, shall, without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request.
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Tenant Alterations. (a) The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule). The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant shall reimburse provide Landlord for any reasonable sums paid by Landlord for third-party evaluation with appropriate evidence of Tenant’s plans ability to complete and pay for any the completion of the Tenant AlterationsAlterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations (other than Decorations)Alterations, Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file mylar and one hard copy digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In Except for the construction administration fee for the Tenant Work (which shall be as set forth in Section 8,10 of the Workletter), in connection with completion of any Tenant Alterations other than DecorationsAlterations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for and all elevator and hoisting charges at Landlord’s oversight and coordinationthen standard rate. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord, Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (iSection 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions, Additions to the Premises whether installed by Landlord or Tenant, shall, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, unless pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request.
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Tenant Alterations. (a) The following provisions shall apply Without Landlord's prior approval and subsequent to completion of the Tenant Improvements, Tenant may make improvements, additions, installations, decorations and changes to the completion Premises that do not affect Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components, the cost of which shall not exceed $25,000.00 in any one instance or $50,000.00 in the aggregate in any twelve-month period ("Permitted Alterations"). If Permitted Alterations will involve any drywall installation, Tenant shall give Landlord at least five (5) days' advance notice of such work. Other than Permitted Alterations, Tenant shall not make any alterations, additions or improvements in or to the Premises, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, or wiring (individually and collectively "Tenant Alterations:
(1) Tenant shall not, except as provided herein"), without first obtaining the prior written consent of Landlord, which consent shall not unreasonably be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without ; provided that Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to Tenant’s schedule. The contractors, mechanics and engineers who 's consent may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants withheld in the Landlord's absolute discretion if Building and their respective agents and contractors performing work in or about the Building. Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Tenant shall reimburse Landlord for any reasonable sums paid by Landlord for third-party evaluation of Tenant’s plans for any Tenant Alterations. Upon completion of the Tenant Alterations systems (other than Decorations), minor electrical work or minor plumbing work inside the Premises) or structural components of the Building are affected. Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file full and one hard copy set of complete plans and specifications for the any proposed Tenant Alterations.
(2) Alterations and, if consent by Landlord is given, all such work shall be performed at Tenant's expense by Landlord or by Tenant at Tenant's election. Tenant shall pay the cost of to Landlord all Tenant Alterations and the cost of decorating the Premises and reasonable costs incurred by Landlord for any work to the Property occasioned thereby. In architecture, engineering, supervisory and/or legal services in connection with completion any Tenant Alterations, including, without limitation, Landlord's review of the Plans and Specifications. Without limiting the generality of the foregoing, Landlord may require Tenant, at Tenant's sole cost and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond (or other evidence of fiscal responsibility reasonably acceptable to Landlord), in forms, amounts and by companies reasonably acceptable to Landlord. Should Tenant make any alterations without Landlord's prior written consent, or without satisfaction of any conditions established by Landlord, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant Alterations other than Decorations, Tenant shall pay Landlord a construction fee equal to three percent (3%) of the cost of Tenant Alterations for Landlord’s oversight and coordination. Upon completion remove some or all of Tenant Alterations, Tenant shall furnish or at Landlord's election, Landlord with contractors’ full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and may remove such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and restore the Premises at Tenant's expense. Nothing contained in this paragraph or the paragraph captioned "Tenant's Work Performance" shall immediately take such steps as are necessary to remedy such violationbe deemed a waiver of the provisions of the paragraph captioned "Mechanic's Liens". In no event shall such supervision or right to supervise by Landlord, nor shall any approvals given by Landlord under For all purposes of this Lease constitute any warranty by Landlord other than the obligation to obtain Landlord's prior consent, Permitted Alterations are Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of clauses (i) and (ii) above or impose any liability upon Landlord in connection with the performance of such workAlterations.
(b) All Tenant Additions, whether installed by Landlord or Tenant, shall, without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless, pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request.
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Sources: Office Lease (Gp Strategies Corp)