Tenant Improvements. A. At any time during the lease term, Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws. B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulations.
Appears in 4 contracts
Sources: Lease Agreement (Rentx Industries Inc), Lease Agreement (Rentx Industries Inc), Lease Agreement (Rentx Industries Inc)
Tenant Improvements. A. At any time during Subject to the lease termterms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (“Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation Improvements”) of the Building for Leased Premises in accordance with the uses allowed under conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, all Tenant agrees that Landlord shall be entitled to be selected by Tenant select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as specified defined in the plans Work Letter and specifications shall entitle Landlord to be delivered all remedies provided herein for breach of this Lease. Prior to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws.
B. Upon completion of Tenant's Workthe Possession Date, Tenant shall apply fornot enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, diligently pursueat Tenant's expense, shall obtain and deliver maintain any and all necessary permits and licenses to Landlord a conditional or unconditional certificate enable Tenant to conduct Tenant’s Permitted Use, and the failure of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to maintain same shall not in any manner affect the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction Tenant’s obligations under this Leasehereunder. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder Landlord shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, maysolely responsible, at its sole cost and expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and for obtaining all permits as are required under such governmental regulationsand approvals related to the Tenant Improvements.
Appears in 3 contracts
Sources: Commercial Lease, Commercial Lease, Commercial Lease
Tenant Improvements. A. At Lessor consents to (but does not require) Lessee’s completion of certain capital improvements to be made in, on or to the Premises (the “Improvements”), subject, however, to the requirements of, and any time changes required by any governmental authority having jurisdiction over the Premises, including, but not limited to, local building and planning officials and authorities (collectively, the “Governmental Authorities”). The Improvements shall be coordinated and performed solely by Lessee on a lien free basis, using new materials and Contractors (as defined below), reasonably acceptable to Lessor. The Improvements, and all plans and specifications therefor, shall comply with applicable building and construction codes, zoning ordinances, ADA requirements, and other applicable laws, statutes, codes and regulations. Lessee shall be solely responsible for obtaining all permits, variances, and approvals (including site plan approvals) related to the performance of the Improvements and required by any Governmental Authority. In that regard, all applications and other submissions to any Government Authorities (including, but not limited to, plans and specifications) must be submitted to Lessor for its review and reasonable approval prior to submission to the Governmental Authority. Lessor reserves the right to revoke its consent to all or a portion of the Improvements if, after giving consent, any license, permit or variance obtained by Lessee in connection with the Improvements materially alters the nature of the Premises or diminishes its value, in Lessor’s reasonable and good faith discretion. Lessee is also solely responsible, at its cost, for obtaining written approval of the plans and specification for the Improvements (as well as approval for the Improvements themselves) from any private association or board having jurisdiction over the Premises, and for ensuring full compliance with, and obtaining any variances necessary under, the documents pursuant to which any such association or board is organized or operates. Lessee shall not commence construction of the Improvements until all of the approvals, permits, ordinances and other requirements contemplated above have been issued, complied with and approved by Lessor. Prior to the commencement of the Improvements, Lessee shall have in effect (and deliver to Lessor written evidence thereof that is reasonably satisfactory to Lessor), or, as appropriate, cause its general Contractor to have in effect, those insurance coverages (in addition to any other coverages required of Lessee under the Original Lease) that Lessor reasonably deems necessary for the protection of the Premises and Lessor during the lease termperformance of the Improvements. Lessee shall also be solely responsible for obtaining a final certificate of occupancy (or substantively comparable document from Governmental Authorities) for the Improvements, Tenant may equip and shall observe and comply with all applicable provisions of the California Construction Lien Act. THIS SECTION 8 CONSTITUTES NOTICE TO ALL CONTRACTORS, SUBCONTRACTORS, SUPPLIERS AND LABORERS INVOLVED IN THE IMPROVEMENTS THAT ANY CONSTRUCTION LIEN ARISING FROM OR RELATED TO THE IMPROVEMENTS WILL NOT ATTACH TO LESSOR’S INTEREST IN THE PREMISES. Notwithstanding the above language or any limitations set forth in Section 8. Lessor acknowledges and agrees that Lessee’s changes to the Premises through work performed by licensed contractors to increase the electrical current and output to the back of the Building by approximately 2,000 amps shall constitute Improvements within the meaning of this Section and shall be eligible for, and subject to, the Lessee Improvement Allowance identified below. Lessor shall provide Lessee with fixtures an allowance for the performance of the Improvements in a maximum aggregate amount not to exceed the sum of One Hundred Fifty Thousand One Hundred Fifty Dollars ($150,150.00), which is fifty cents (50¢) per rentable square foot of the Premises (the “Lessee Improvement Allowance”) to be used to reimburse Lessee for the hard and personal property necessary soft costs incurred by Lessee to perform (or appropriatecause to be performed) the Improvements. All Improvements must be performed in accordance with the terms and conditions set forth in the Original Lease (including, as determined in Tenant's reasonable discretionbut not limited to, Sections 7.3 and 7.4) and shall be deemed Alterations for all purposes under the Lease. Provided that no Default is then existing, the Lessee Improvement Allowance shall be paid by Lessor to Lessee, from time to time, after December 1, 2018 (but not more often than monthly), to reimburse Lessee for the costs and expenses it incurs to perform the Improvements. Lessor shall pay such reimbursements within twenty (20) days after Lessor’s receipt of written invoices (“Invoices”) evidencing the actual, out-of-pocket hard and soft costs incurred by Lessee, together with conditional waivers of mechanics liens and/or materialman’s liens, executed by all of the contractors, subcontractors, vendors and suppliers (collectively, “Contractors”) that provided those goods, or furnished those services, for the operation Improvements that are the subject of the Building current request for a disbursement of a portion of the Lessee Improvement Allowance, together with proof of payment and final lien waivers from all Contractors that provided those goods, or furnished those services, for the uses allowed Improvements that were the subject of the immediately preceding disbursement of the Lessee Improvement Allowance to Lessee. Lessee shall have until July 31, 2024 (the “Cut Off Date”) to submit Invoices for payment from the Lessee Improvement Allowance. To the extent there is any remaining Lessee Improvement Allowance remaining after the Cut Off Date, such remaining amount of the Lessee Improvement Allowance shall be deemed automatically forfeited by Lessee. Lessee shall have the right to utilize the Lessee Improvement Allowance only for the performance of the Improvements; and Lessee shall not have the right to apply any portion of the Lessee Improvement Allowance to the satisfaction of Lessee’s monetary obligations to Lessor under this the Lease. As a condition to the disbursement of the final installment of the Lessee Improvement Allowance, Lessee shall be required to deliver to Lessor: (i) final lien waivers from all Contractors (if and to the extent that such final lien waivers have not yet been delivered to Lessor with respect to the entirety of the services or goods to be selected provided by Tenant in each Contractor, respectively, for the performance of the Improvements); (ii) a final general Contractor’s sworn statement, (iii) a certificate of completion for the Improvements signed by Lessee’s general Contractor, (iv) a final certificate of occupancy for the Improvements, and (v) as-built drawings of the Building, reflecting all Improvements and prepared by a duly-licensed engineer. Lessee hereby indemnifies, defends and holds Lessor, its reasonable discretion partners and the partners, members, officers, directors, shareholders, employees, agents and representatives of Lessor and its partners (collectively, the “Lessor Indemnified Parties”) from and against any and all liabilities, obligations, causes of action, actual damages, losses, costs and expenses, including, but not limited to legal fees and court costs (collectively, “Losses”) that any or all of the Lessor Indemnified Parties suffers or incurs due to, as specified in a result of, or because of, the plans performance of the Improvements; provided, however, that the foregoing indemnity shall not apply to any Losses that are suffered or incurred due to, or as a result of, any willful or intentional acts of omissions of any of the Lessor Indemnified Parties. Lessee shall furnish to Lessor such information and specifications to be delivered to Landlord evidence as Lessor may reasonably request from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good to enable Lessor to monitor completion of the Improvements and workmanlike manner and in determine Lessee’s compliance with all applicable laws.
B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision provisions of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsSection 8.
Appears in 3 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Karat Packaging Inc.), Standard Industrial/Commercial Single Tenant Lease Gross (Karat Packaging Inc.), Standard Industrial/Commercial Single Tenant Lease Gross (Karat Packaging Inc.)
Tenant Improvements. A. At any (a) Following approval of the final Construction Plans by Landlord and Tenant, the Tenant Improvements shall be submitted for bids, according to procedures approved by the parties, by one or more qualified general contractors and by qualified subcontractors selected by Tenant and approved by Landlord. Landlord’s approval of the general contractor to perform the Tenant Improvements (“Contractor”) shall be conditioned upon Landlord obtaining reasonable assurances that the contractor shall: (i) perform and complete the work on time during the lease term, Tenant may equip the Building and without unreasonable interference with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation of the Building and any other construction occurring in the Building; (ii) comply with all rules and regulations relating to construction activities in the Building as may be reasonably prescribed from time to time by Landlord; (iii) maintain such insurance as set forth below or any additional insurance required by applicable law; (iv) comply with Landlord’s reasonable requirements as to the terms and conditions for all contractor items relating to conducting its work, use of facilities and utilities, storage of materials, and access to the uses allowed under this Lease, all Premises; (v) provide a minimum one-year warranty to be selected by Landlord and Tenant (with an assignment to Landlord and Tenant of any manufacturer or supplier warranties in its reasonable discretion and all as specified in excess of one year) that the work shall comply with the plans and specifications to and be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed constructed in a good and workmanlike manner with a quality equal to or better than Building standard; (vi) perform all work in a fashion and by such means as necessary to work in harmony and not unreasonably interfere with Landlord’s contractors or other tenants and their contractors, and to avoid any labor stoppages or strikes, and to ensure good labor relationships and compliance with all applicable lawslabor agreements (including, without limitation, using union labor and contractors to perform such work if requested by Landlord); (vii) provide for the customary retention from payments to subcontractors; (viii) provide for the furnishing of contractors’ affidavits and full and final mechanic’s lien waivers covering all labor and materials relating to the work; and (ix) the Contractor, subcontractors and all materialmen, laborers and other parties furnishing any labor, materials, equipment or services with respect to any portion of the Tenant Improvements will look solely to Tenant for payment for the same . Such requirements of Landlord and the terms of this Exhibit shall be set forth in the bid documents. The Tenant Improvements shall be performed on the basis of a “stipulated sum” or “guaranteed maximum cost” contract signed by Tenant and approved by Landlord (“Construction Agreement”), which shall provide that Landlord is a third party beneficiary thereof.
B. Upon completion of Tenant's Work(b) Promptly after receiving bids on the Tenant Improvements, Tenant shall apply forsubmit to Landlord the names of the proposed Contractor and all subcontractors which will perform the Tenant Improvements, diligently pursuetogether with the proposed Construction Agreement, obtain final Construction Plans and any General or Special Conditions (“Construction Documents”) for approval by Landlord.
(c) Within seven (7) business days after Landlord receives the Construction Documents, Landlord shall either approve the Construction Documents and the proposed Contractor and subcontractors, or notify Tenant in writing in detail of the reasons Landlord does not approve them. Tenant shall promptly correct any matter in the Construction Documents which Landlord does not approve, and shall resubmit the Construction Documents in the same manner until the same are approved by Landlord.
(d) Landlord may post statutory notices of non-responsibility for mechanics’ liens conspicuously on the Premises, and Tenant and the Contractor shall cooperate to maintain the posting of such notices.
(e) Before the commencement of the Tenant Improvements, Tenant shall deliver to Landlord (i) a conditional or unconditional certificate final copy of occupancythe approved and signed Construction Documents; (ii) copies of all required building permits, approvals and licenses; (iii) certificates of all insurance required of Tenant, the Contractor and subcontractors; and (iv) the estimated amount of any Excess Costs.
(f) No material change in the Tenant Improvements, the cost of the Tenant Improvements, or any other permits or approvals as may the Construction Documents shall be required by applicable laws for occupancy made after Landlord’s approval of the Premises for the purposes contemplated Construction Documents except by a written change order signed by Tenant and approved by Landlord (“Change Order”); and in this Lease. any such case, Tenant shall take pay to Landlord any corrective action, as required by inspection reports by increased estimated amount of Excess Costs before the applicable governmental authority, reasonably necessary to obtain commencement of any work under such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this LeaseChange Order. If Tenant is unable to obtain such certificates, permits or approvals due to shall desire any existing noncompliance Change Order after approval of the Building Plans by Landlord, Tenant shall submit a detailed written request or its appurtenances revised Plans to Landlord for approval. If reasonable and practicable and consistent with the Plans theretofore approved, Landlord shall not unreasonably withhold, condition, or delay approval of the Change Order. All costs in connection therewith, including, without limitation, construction costs, permit fees, and preparation or review of any present lawsadditional Plans or other studies or tests, rules or regulationsrevisions of such existing items, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease included in the Tenant Improvement Costs. Notwithstanding anything to the contrary, until 10 days after such certificates, permits
C. Tenantcontrary herein, in the event that any applicable governmental authority requires material changes to the Tenant Improvements (“'Required Changes”), (i) the parties shall reasonably consult concerning the nature and cost of such Required Changes, and (ii) all costs in connection with the Required Changes shall be included in the Tenant Improvement Costs.
(g) Landlord shall engage CBRE, Inc. or another party of its discretionchoice to coordinate the Tenant Improvements for a coordination fee of one and one-half percent (1-1/2 %) of the actual costs incurred for the work. Such coordination fee is based on Tenant’s Planner, mayBDH+Young, at its sole expenseand/or Tenant’s Contractor, ▇▇▇▇▇▇▇ Builders, performing customary project management services with respect to the Tenant Improvements. Such coordination fee shall be charged to and paid as part of Tenant's Work, erect interior and exterior signsthe Tenant Improvement Costs. Tenant No additional charges shall be entitled to construct made by Landlord for supervision, parking, utilities, freight elevators, or other Building services during construction; provided that the maximum signage permitted under local sign ordinances construction rules for the Building shall apply and other applicable governmental regulations. All sign construction shall be in accordance complied with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and at all permits as are required under such governmental regulationstimes.
Appears in 2 contracts
Sources: Lease Amending Agreement, Lease Amending Agreement (Winmark Corp)
Tenant Improvements. A. At any time during the lease term, Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws.
B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permitspermits or approvals have been obtained, and Landlord shall take such action as is appropriate to promptly correct any such noncompliance.
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulations.with
Appears in 2 contracts
Sources: Lease Agreement (Rentx Industries Inc), Lease Agreement (Rentx Industries Inc)
Tenant Improvements. A. At any time during the lease term, Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws.
B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permitspermits or approvals have been obtained, and Landlord shall take such action as is appropriate to promptly correct any such noncompliance.
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulations.
Appears in 2 contracts
Sources: Lease Agreement (Rentx Industries Inc), Lease Agreement (Rentx Industries Inc)
Tenant Improvements. A. At any time during On or before the lease termSublease Commencement Date, Tenant may equip Sublandlord shall complete the Building with fixtures alterations and personal property necessary improvements to the Hangar and fuel farm described in the plans, specifications and other documents collectively attached hereto as Exhibit “D” and made a part hereof (“Sublandlord’s Work”). Sublandlord agrees that:
(a) Sublandlord shall prepare or appropriate, as determined in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all cause to be selected by Tenant in its reasonable discretion prepared all construction drawings, plans and/or specifications necessary to complete Sublandlord’s Work; (ii) Sublandlord shall obtain all necessary permits, certificates or other governmental approvals for Sublandlord’s Work; (iii) all work, materials and all as specified in the plans equipment incorporated into Sublandlord’s Work will be of good quality, new and specifications to be delivered to Landlord from time to time free of defects; ("Tenant's Work"). Tenant's iv) Sublandlord’s Work shall be performed in a good and workmanlike manner and completed in compliance with all applicable laws.
B. , codes, rules and regulations. Upon substantial completion of Tenant's Sublandlord’s Work, Tenant Sublandlord and Subtenant shall apply formutually inspect Sublandlord’s Work and agree on a punch list of cosmetic, diligently pursuefinish or similar minor items or mechanical adjustments that require completion. Sublandlord shall complete such punch list items as promptly as practicable after such inspection. Subtenant shall reimburse Sublandlord for Subtenant’s Prorata Share of all costs incurred by Sublandlord in completing Sublandlord’s Work, obtain including architectural, engineering and deliver to Landlord a conditional or unconditional certificate construction costs, within thirty (30) days after receipt of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulationsSublandlord’s invoice, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsaccompanied by reasonable supporting documentation.
Appears in 2 contracts
Sources: Sublease Agreement (Progressive Corp/Oh/), Sublease Agreement (Progressive Corp/Oh/)
Tenant Improvements. A. At a. Tenant acknowledges that Landlord has met its obligations to construct tenant improvements or provide an allowance for Tenant to construct tenant improvements with respect to the Original Premises pursuant to Exhibit B of the Lease.
b. Tenant hereby agrees to accept the Additional Premises in its “as-is” condition existing on the date hereof and Landlord shall have no obligation to construct any time during tenant improvements to the lease term, Additional Premises on behalf of Tenant.
c. Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, shall construct tenant improvements (“Improvements”) for the operation of Additional Premises in accordance with the Building for plans (the uses allowed under this Lease“Plans”), all to which shall be selected prepared by Tenant and approved in its reasonable discretion final form by Landlord, which approval shall not be unreasonably withheld. The Plans shall include items and all information as specified in the plans and specifications Landlord shall reasonably require to be delivered to Landlord from time to time ("evaluate Tenant's Work")’s work. Tenant's Work All Improvements shall be performed constructed in a good and workmanlike manner using new materials and in compliance accordance with all applicable laws, codes and regulations, including the Americans with Disability Act (“ADA”) and in accordance with Paragraph 6 of the Lease (except that the first sentence of Paragraph 6(b) of the Lease shall not apply with respect to the Improvements). It is expressly agreed that (a) Tenant shall not commence any such work until said Plans have been approved by Landlord, and (b) the Plans which have been so approved by Landlord have been used by Tenant, if applicable, to obtain all permits that are necessary to construct the Improvements. Tenant acknowledges that Landlord’s review and approval of the Plans is not conducted for the purpose of determining the accuracy and completeness of the Plans, their compliance with applicable codes and governmental regulations including ADA, or their sufficiency for purposes of obtaining a building permit, all of which shall remain the responsibility of Tenant and Tenant’s architect. Accordingly, Landlord shall not be responsible for any delays in obtaining the building permit due to the insufficiency of the Plans or any delays due to changes in the Plans required by the applicable governmental regulatory agencies reviewing the Plans. If, as a result of any proposed Improvements made by Tenant to the Additional Premises, Landlord is obligated to comply with the ADA 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 approval, Landlord shall have the right to require Tenant to pay to Landlord prior to the construction of any such Improvement by Tenant, the entire cost of any improvement or alteration Landlord is obligated to complete by such law or regulation.
B. Upon completion d. Tenant shall provide Landlord with a breakdown of the estimated total cost of the Improvements (“Cost Breakdown”), including, without limitation: construction cost of the Improvements; architectural and engineering fees relating to the preparation and review of the space plan and the Plans (inclusive of the initial space plan and all design work above and below the ceiling); governmental agency plan check, permit and other fees; sales and use taxes; testing and inspection costs; and construction fees (including general contractor’s overhead and supervision fees and the construction supervisory fee referred to in subparagraph (i) hereof). In connection thereto, Landlord hereby grants to Tenant an “Improvement Allowance” of up to Twenty and 75/100 Dollars ($20.75) per rentable square foot of space in the Additional Premises (i.e., 20,283 rentable square feet multiplied by $20.75 = $420,872.25). The Improvement Allowance shall be disbursed to Tenant not more frequently than once per month based on disbursement requests submitted by Tenant to Landlord and certified by Tenant's Work’s architect. Such disbursement request shall set forth the total amount incurred, expended and/or due for each requested item less prior disbursements and a description of the work performed, and materials supplied and/or costs incurred or due with respect to each item for which disbursement is requested. Each such disbursement request shall be accompanied by invoices, vouchers, statements, affidavits, payroll records and/or other documents reasonably requested by Landlord, which substantiate costs incurred to justify such a disbursement, together with lien waivers for those contractors and materialmen providing construction services or materials. In addition, each disbursement shall be subject to inspection and approval of completed work by Landlord’s construction engineer. In the event the Cost Breakdown exceeds the Improvement Allowance, Tenant shall apply forpay from another source of funds the amount by which the Cost Breakdown exceeds the Improvement Allowance prior to any disbursement of the Improvement Allowance by Landlord. In the event the actual cost of the Improvements is less than the Improvement Allowance, diligently pursuethe unused portion of the Improvement Allowance shall not be paid or refunded to Tenant or be available to Tenant as a credit against any obligations of Tenant under the Lease, except that up to thirty-three percent (33%) of the Improvement Allowance (i.e., $420,872.25 multiplied by .33 = $138,887.84) may be used to reimburse Tenant for its documented, third-party out-of-pocket expenses incurred in connection with its installation of its data and voice cabling and wiring at the Additional Premises. The Improvement Allowance must be expended on or before the expiration of the twelve (12) calendar month period following the Effective Date. If the Improvement Allowance is not expended on or before such date, the Improvement Allowance shall no longer be available to Tenant and Landlord shall have no further obligation to provide such Improvement Allowance to Tenant.
e. Tenant shall obtain Landlord’s approval of Tenant’s contractor, which approval shall not be unreasonably withheld provided (i) such contractor’s primary business is the construction of tenant/interior finish work in commercial office buildings; (ii) such contractor is licensed to do business in Somerset County, New Jersey, and deliver (iii) such contractor is not a contractor with whom Landlord or its agent has had unsatisfactory dealings in the past. Landlord hereby agrees that if Tenant elects to use ▇▇▇▇ Construction Company, LLC or DDB Interior Contracting as Tenant’s contractor, such contractors are pre-approved and shall not require any additional approvals by Landlord. Additionally, Tenant shall submit a copy of the proposed construction contract to Landlord for Landlord’s approval. Landlord’s approval, which shall not be unreasonably withheld, shall be given or denied (as applicable) within ten (10) business days of receipt of the necessary information from Tenant. Tenant’s contractors and subcontractors shall be required to provide the following types of insurance, in the minimum amounts indicated, naming Landlord (and Landlord’s mortgagee, if required by Landlord) as additional insured:
(i) Workmen’s Compensation with full statutory limits for employer’s liability.
(ii) Commercial General Liability Insurance including direct and contingent liability in the aggregate amount of One Million and No/100 Dollars ($1,000,000.00) combined single limit coverage per occurrence for personal injury, death or property damage.
(iii) The Liability Policy shall include coverage for Broad Form Hold Harmless Agreement as is contained in the standard contract.
(iv) Automobile Liability Insurance with bodily injury limits of $250,000 per person, $500,000 per accident, and $50,000 per accident for Property Damage. Certificates of insurance for all of the foregoing insurance coverages shall be delivered to Landlord before construction of the improvements is started and before Tenant’s contractor’s equipment is placed upon the Additional Premises. In all other respects, the insurance coverage above mentioned shall comply with the Lease provisions.
f. It is agreed that Tenant assumes the entire responsibility and liability due to its negligence, including statutory or common law, for any and all injuries or death of any or all persons, including its contractor, subcontractors and employees, and for any and all damages to property caused by or resulting from or arising out of any act or omission on the part of Tenant, its contractor, subcontractors or employees, in the prosecution of the work thereunder. With respect to such work Tenant agrees to indemnify and save harmless Landlord, its mortgagee, architect, engineers and their employees and all other tenants of the Property from and against all losses and expense, including legal fees, which they may suffer or pay as the result of claims or lawsuits due to, because of or arising out of any and all such injuries, death or damage, whether real or alleged, and Tenant, its contractor and subcontractors shall assume and defend at their own expense all such claims or lawsuits, unless caused by the gross negligence or willful misconduct of Landlord. Tenant agrees to insure this assumed liability in its Comprehensive General Liability Policy and the original or copy of the policy delivered to Landlord shall indicate this contractual coverage.
g. For and during the period of construction, Tenant shall provide and pay for all utilities consumed upon the Additional Premises during said period and for the removal of all temporary connections.
h. Tenant shall endeavor to cause the contractor to substantially complete construction of the Improvements in a conditional diligent manner. It shall be the sole responsibility of Tenant to file all drawings and specifications, pay all fees and obtain all permits and applications from any governmental authorities having jurisdiction, and to obtain any certificates or unconditional approvals, including a certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy to enable Tenant to occupy the Additional Premises. Upon completion of the Premises for the purposes contemplated Improvements, Tenant’s contractors and/or subcontractors shall provide Landlord, without cost to Landlord, with one
(1) set of transparent “as built” drawings. No delay in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its completion of construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder Improvements shall be postponed, notwithstanding any other provision of this Lease to delay the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct Effective Date beyond the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsdate specified herein.
Appears in 2 contracts
Sources: Agreement of Lease (Reliant Pharmaceuticals, Inc.), Agreement of Lease (Reliant Pharmaceuticals, Inc.)
Tenant Improvements. A. At Tenant shall not make or allow to be made any ------------------- alterations, physical additions or improvements in or to the Premises without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. Any alterations, physical additions or improvements to the Premises made by or installed by either party hereto shall remain upon and be surrendered with the Premises and become the property of Landlord upon the expiration or earlier termination of this Lease without credit to Tenant; provided, however, Landlord, at its option, may require Tenant to remove any physical improvements or additions and/or repair any alterations in order to restore the Premises to the condition existing at the time during Tenant took possession, all costs of removal and/or alterations to be borne by Tenant. Notwithstanding the lease termforegoing, Tenant may equip request in writing that Landlord make a determination at the Building with fixtures and personal property necessary or appropriate, time of consent as determined in Tenant's reasonable discretion, for to whether the operation Tenant improvements will have to be removed at the end of the Building for the uses allowed under this LeaseLease Term. This clause shall not apply to moveable equipment, all to furniture or moveable trade fixtures owned by Tenant, which may be selected removed by Tenant in its reasonable discretion and all as specified in at the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws.
B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy end of the Premises for the purposes contemplated in term of this Lease. Tenant shall take any corrective actionhave no authority or power, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits express or approvalsimplied, to create or cause any mechanic's or materialmen's lien, charge or encumbrance of any kind against the extent Premises, the failure to obtain such certificates, permits Property or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signsportion thereof. Tenant shall promptly cause any such liens that have arisen by reason of any work claimed to have been undertaken by or through Tenant to be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtainreleased by payment, bonding or otherwise within thirty (30) days after request by Landlord, and shall indemnify Landlord shall cooperate with Tenant's applications thereforagainst losses arising out of any such claim (including, any without limitation, reasonable legal fees and all permits as are required under such governmental regulationscourt costs).
Appears in 1 contract
Sources: Lease Agreement (Liposcience Inc)
Tenant Improvements. A. At Tenant shall, at Tenant’s sole cost, risk, direction and expense, perform all work and supply all installations and shall fully equip the Leased Premises with all trade fixtures, furniture, furnishings, exterior signs, special equipment and other items necessary for the completion of the Leased Premises and the proper operation of Tenant’s business, all of such being herein referred to as “Tenant’s Work”. All items installed by Tenant shall be new and fully paid for in cash by ▇▇▇▇▇▇. Tenant shall not undertake any construction, nor shall Tenant install any equipment without first obtaining Landlord’s written approval of plans and specifications therefore (hereinafter referred to as the “Plans and Specifications”, to be attached hereto and made a part of this Lease as Exhibit “C”), which Plans and Specifications shall be submitted to Landlord within thirty (30) days after Landlord or Landlord’s architect provides Tenant with outline plans for the Leased Premises. The approval by Landlord of the Plans and Specification shall not constitute the assumption of any liability on the part of Landlord for their accuracy or their conformity with building code requirements, and Tenant shall be solely responsible for such Plans and Specifications. The approval by Landlord of the Plans and Specifications shall not constitute a waiver by Landlord of the right thereafter to require Tenant to amend the same to provide for omissions or deficiencies therein later discovered by Landlord or any governmental subdivision or agents or representatives thereof. Landlord’s approval of the Plans and Specifications shall not constitute a warranty or representation by Landlord that the Plans and Specifications comply with applicable laws. Thereafter, no changes shall be made in the Plans and Specifications without the consent of Landlord. Tenant shall pay to Landlord upon demand any additional cost incurred by Landlord as a result of changes requested by ▇▇▇▇▇▇ and approved by Landlord. Tenant shall not commence any work until ▇▇▇▇▇▇ receives written approval from Landlord of Tenant’s general contractor and ▇▇▇▇▇▇ delivers to Landlord a policy or policies of public liability and property damage insurance in the amounts set forth in numbered Section 12 hereof naming Landlord and Landlord’s mortgagee, if any, as additional insureds, ln limits and with companies acceptable to Landlord and Landlord’s mortgagee, if any. Subject to Section 6 hereof, possession of the Leased Premises shall be turned over to Tenant upon execution of this Agreement by Landlord and Tenant, at which time Tenant may commence Tenant’s Work. Except as otherwise provided herein: (i) Landlord shall under no circumstances be required to build any improvements at the Leased Premises, make any repairs, replacements, alterations or renewals of any nature or description to the Leased Premises, make any expenditure whatsoever in connection with this Lease or maintain the Leased Premises in any way; and (11) Landlord shall not be required to maintain, repair or rebuild all or any part of the Leased Premises, and Tenant waives the right to (a) require Landlord to maintain, repair, or rebuild all or any part of said Leased Premises (unless such repairs are needed to cure damage to the Leased Premises caused by the gross negligence or willful misconduct of the Landlord), or (b) make repairs at the expense of Landlord pursuant to any contract, agreement, covenants, condition or restriction at any time during in effect. Tenant, its agents, employees and contractors, shall then have the lease termexclusive duty, at Tenant’s sole cost and expense, to make any and all alterations and respectively procure and provide all Authorizations, equipment, inventory, fixtures, stock in trade and other items necessary to conduct the permitted use as set forth above (whether on behalf of Tenant, its agents, employees and/or contractors) at the Leased Premises, all in accordance with this numbered Section 4 and numbered Section 24 hereof. Under no circumstances shall Tenant may equip be permitted to make any structural alterations or roof penetrations or otherwise go on the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation roof of the Building for without the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws.
B. Upon completion prior written consent of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this LeaseLandlord. Tenant shall take promptly repair any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, damage to the extent the failure to obtain such certificatesBuilding caused by any alterations, permits additions or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made improvements undertaken by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of . Notwithstanding anything else contained in this Section or in this Lease to the contrary, until 10 days after such certificatesany improvements contemplated by Tenant which involve work on or to the roof or fire protection system of the Building, permits
C. Tenant, in its discretion, may, at its sole expensemust be performed by the contractor normally used by Landlord for roofing or fire protection system work, as part of Tenant's Workthe case may be, erect interior and exterior signs. Tenant shall be entitled unless ▇▇▇▇▇▇▇▇ agrees in writing to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationscontrary.
Appears in 1 contract
Sources: Lease (BYTE Acquisition Corp.)
Tenant Improvements. A. At any time during Subject to the lease term, Tenant may equip the Building with fixtures terms and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation provisions of the Building for the uses allowed under this Lease, Tenant may, at its sole cost and expense (but subject to reimbursement as provided in Paragraph 4 below), perform all work and alterations which may be necessary or desirable for Tenant to be selected by initially open and operate its business in the Premises (the “Tenant Improvements”) in its reasonable discretion and all as specified in accordance with the plans and specifications therefor as previously approved by Landlord (the “Plans and Specs”) and all Legal Requirements. The construction and installation of the Tenant Improvements in accordance with the Plans and Specs and Legal Requirements is sometimes referred to be delivered herein as the “Work.” Tenant shall not commence the Work unless and until Landlord has approved the plans and specifications for the Tenant Improvements, and Tenant has obtained all permits, approvals and authorizations required by any governmental authority or third party in accordance with all Legal Requirements (collectively, the “Permits”) and has provided evidence of the same to Landlord from time to time ("Tenant's Work")Landlord. Tenant's All of the Work shall be performed in a good and workmanlike manner by contractors and subcontractors approved by Landlord, free of liens and defects and in compliance with the Plans and Specs, Permits and all applicable laws.
B. Upon completion of Tenant's WorkLegal Requirements. All contractors and subcontractors shall procure and maintain insurance against such risks, Tenant shall apply forin such amounts, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals with such companies as may be required by applicable laws for occupancy Landlord. Certificates of such insurance must be received by Landlord before the Work is commenced. Given the nature of the Premises for Tenant Improvements, it is likely that some of the purposes contemplated in this LeaseWork will be performed while the Building is being Substantially Completed, and, if so, then all aspects of the Work which will be performed prior to the Commencement Date must be coordinated with Landlord and Landlord’s contractors and shall be performed only at such times as Landlord and its contractors approve. In no event shall the Work interfere with or delay Landlord’s Substantial Completion of the Building. Landlord or its contractor or agent may inspect the Work at any time and from time to time. Tenant shall take any corrective actionreimburse Landlord for its costs in reviewing the Plans and Specs and in monitoring the Work, as required by inspection reports by the applicable governmental authority, reasonably necessary not to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance exceed five percent (5%) of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision total cost of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signswithin ten (10) days following Landlord’s demand. Tenant shall notify Landlord when Tenant believes the Work is completed. The Work shall not be entitled to construct the maximum signage permitted under local sign ordinances deemed completed until Landlord has inspected and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsconfirmed same.
Appears in 1 contract
Sources: Lease Agreement (Phunware, Inc.)
Tenant Improvements. A. At Tenants shall not, without the prior written consent of Landlord, make any time during alterations, improvements or additions to the lease term, Tenant Premises (hereinafter referred to as a "Change"). If Landlord consents to a Change it may equip the Building impose such conditions with fixtures and personal property necessary or respect thereto as Landlord deems appropriate, as determined in Tenant's reasonable discretionincluding without limitation, requiring Tenant to furnish Landlord security for the operation payment of the Building for the uses allowed under this Lease, all costs to be selected by Tenant incurred in its reasonable discretion connection with the Change, insurance against liabilities, which may arise out of such work and all as specified in the plans and specifications together with all necessary permits for such Change. The work necessary to make the Change shall be delivered to Landlord from time to time ("done at Tenant's Work"). Tenant's Work expense by employees or contractors hired by Landlord except to the extent that Landlord may agree otherwise, and shall be performed in a good and workmanlike such manner and in compliance at such times as Landlord shall direct to minimize disturbance to other tenants. Tenant shall promptly pay, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord a percentage of the cost of such work (such percentage to be established on a uniform basis for the Building) sufficient to reimburse Landlord for all expenses arising from ▇▇▇▇▇▇▇▇'s involvement with all applicable laws.
B. such work. Upon completion of Tenant's Worksuch work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional Landlord, if payment is made directly to contractors, evidence of payment, contractors affidavits and full and final waivers of all liens for labor, services or unconditional certificate of occupancy, or any other permits or approvals materials (in the form attached hereto as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this LeaseExhibit C). Tenant shall take any corrective actionindemnify, as required by inspection reports by the applicable governmental authoritydefend and hold harmless Landlord and Building from all costs, reasonably necessary damages and liens and expenses related to obtain such certificates, permits or approvals, to the extent the failure to obtain work. In connection with such certificates, permits or approvals is attributable to any failure work Tenant shall never be deemed an agent of Landlord. All work done by Tenant or ▇▇▇▇▇▇'s contractors shall be done in a first class workmanlike manner using only good grades of materials and shall comply with all union and insurance requirements and all Conditions. Any Change shall (without compensation to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance Tenant) become Landlord's property at the termination of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtainTerm, and shall, unless Landlord shall cooperate with Tenant's applications thereforrequests otherwise, any and all permits as are required under such governmental regulationsbe relinquished to Landlord in good condition,ordinary wear excepted.
Appears in 1 contract
Sources: Standard Office Lease (Design Automation Systems Inc)
Tenant Improvements. A. At (a) Tenant shall not place, demolish, decommission, or construct any time during improvements, structures, alterations, modifications, signs or additions in, to, or upon the lease term, Tenant may equip Premises without the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation prior written approval of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws.
B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this LeaseCommission. Tenant shall take any corrective action, as required by inspection reports by submit a completed Construction Alteration Application for the applicable governmental authority, reasonably necessary to obtain Commission’s review. The Commission’s approval of such certificates, permits application shall not be unreasonably withheld or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by delayed.
(b) Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expenserisk, as cost and expense shall construct all Tenant Improvements approved pursuant to this Agreement in strict compliance with: (i) all applicable Laws and conditions of record which affect the Premises, (ii) all Industry Standards, and (iii) the construction and development standards generally required by the Commission for construction on the Airport.
(c) Tenant shall pay all taxes or fees and obtain all necessary permits, licenses, or approvals associated with construction of Tenant Improvements on the Premises.
(d) Tenant’s completion of all Tenant Improvements in a timely manner in accordance with schedules agreed upon between Tenant and the Commission is a material part of Tenant's Work, erect interior and exterior signsthis Agreement.
(e) Tenant shall obtain the Commission’s prior written approval of Tenant Improvements in accordance with the Commission’s standard process for approval of tenant improvements. Tenant shall be entitled to construct submit with any request for the maximum signage permitted under local sign ordinances Commission’s approval of a Tenant Improvement such preliminary engineering plans, architectural plans and other information as required by such Process. Tenant shall furnish copies of all such engineering, architectural plans and other applicable governmental regulationsinformation to the Massachusetts Department of Transportation, Aeronautics Division (“MassDOT”) and to the Federal Aviation Administration (“FAA”), if so directed by the Commission or MassDOT. All sign construction The Commission’s approval of Tenant Improvements may be withheld, granted or conditioned upon any reasonable basis that the Commission determines has or may have an impact upon the Commission, the Airport, its procedures or its efficient operation. Any such approval shall not be unreasonably delayed. The Commission shall not consent to any Tenant Improvement that would result in accordance the Commission or Tenant violating any of their respective obligations to the FAA or MassDOT, or that would be incompatible with existing and planned Aeronautical Activities of the Airport.
(f) Upon completion of any Tenant Improvement, Tenant, at its own cost, shall make or have made as-built plans of such local sign ordinances Tenant Improvement and applicable governmental regulation. submit said plans to the Commission within thirty (30) days of Tenant’s completion of such Tenant Improvements.
(g) If Tenant does not obtain the prior written approval of Tenant Improvements from the Commission, or if Tenant does not comply with the provisions and conditions of said approval, or does not submit as-built plans as required herein, the Commission may, upon reasonable prior notice, enter the Premises and restore the condition of the Premises, complete Tenant Improvements or have as-built plans made, as applicable, and Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, reimburse the Commission for any and all permits costs incurred in so doing and an additional 15% of such costs as are an administrative surcharge. In addition, in the event the Commission is required to complete any Tenant Improvement, under such governmental regulationsthe provisions of this subsection 7.3(g), Tenant agrees that upon request by the Commission, Tenant shall execute and deliver to the Commission an assignment of any construction contracts then in existence entered into by Tenant pertaining to Tenant Improvements.
(h) For purposes of this Section 7.3, the Airport Manager may act on behalf of the Commission and Tenant shall submit all required applications and documentation to the Airport Manager.
Appears in 1 contract
Sources: Airport Lease and Operating Agreement (Experience Investment Corp.)
Tenant Improvements. A. At any time during Lessee covenants and agrees to complete tenant improvements, including but not limited hard wall office construction, conference room construction, laboratory construction, electrical and HVAC repairs installed by Lessee, replacement of carpet, interior upgrades and enhanced security system upgrades (collectively, the lease term, Tenant may equip the Building Work). Any and all such work shall be in compliance with fixtures Sections 6 and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation 7 of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion Lease and all as specified applicable laws, rules, regulations, codes and ordinances. Lessee shall confirm contractors have all required licenses and insurance certificates, complete all necessary plans, and obtain all applicable permits required by governmental authorities. Lessee shall provide Lessor at least fourteen (14) days' notice in writing prior to commencing any work upon the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work")Premises. Tenant's Work All work shall be performed done in a good and workmanlike manner manner, with good and in compliance with sufficient materials. Lessee shall timely pay all applicable laws.
B. Upon completion claims for labor or materials furnished and obtain unconditional waivers and lien releases from each contractor and subcontractor. Lessee shall do all things reasonably necessary to prevent the filing of Tenant's Workany mechanics' or other liens against the Premises or any part thereof by reason of work, Tenant shall apply forlabor, diligently pursueservices or materials supplied or claimed to have been supplied to Lessee, obtain and deliver to Landlord a conditional or unconditional certificate of occupancyanyone holding the Premises, or any other permits part thereof, through or approvals under Lessee. If any such lien shall at any time be filed against the Premises, Lessee shall either cause the same to be discharged of record within twenty (20) days after the date of filing of the same or, if Lessee in Lessee's discretion and in good faith determines that such lien should be contested, shall furnish such security as may be necessary or required to: (i} prevent any foreclosure proceedings against the Premises during the pendency of such contest, and (ii) cause First American Title Company or other mutually satisfactory title company to remove such lien as a matter affecting title to the Premises on a title policy or report with respect to the Premises. If Lessee shall fail to discharge such lien within such period or fail to furnish such security, then, in addition to any other right or remedy of Lessor resulting from Lessee's said default, Lessor 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 giving security or in such other manner as is, or may be, prescribed by law. Lessee shall repay to Lessor on demand all sums disbursed or deposited by Lessor, including Lessor's costs, expenses and actual attorneys' fees incurred by Lessor in connection therewith, with interest thereon at the maximum rate permitted by law. Lessee shall timely submit for payment all claims for labor or materials furnished and obtain unconditional waivers and liens releases from each contractor, supplier and subcontractor. Lessee shall deliver to Lessor the following for Lessor's review and approval: (i) unconditional waivers and lien releases; (ii) contracts and contractor invoices; (iii) cancelled checks (if applicable); and (iv) other documentation requested by Lessor. Lessor shall have the right to inspect any and all such work prior to paying for the Work. Following receipt and approval by Lessor of the required documentation for the Work, Lessor shall pay the contractors directly or issue joint checks; provided, however, in no event shall such payments in the aggregate exceed the tenant improvement allowance of $525,415. Such requests for reimbursement shall be for a minimum of $50,000 and not more frequently than once per month. Lessee represents and warrants that as of the date of this First Amendment, Lessee has no knowledge of any outstanding building code, life safety or ADA issues with respect to the Premises. Lessor shall be responsible for the cost to correct any building code, life safety, and ADA issues existing as of the date of this First. Amendment if and when correction is lawfully cited and required by applicable laws for occupancy of the Premises for the purposes contemplated in this Leasea governmental agency with jurisdiction over such matters. Tenant shall take any corrective actionAll alterations, as required by inspection reports by the applicable governmental authorityimprovements, reasonably necessary to obtain such certificatesremodeling, permits additions or approvalsfixtures, other than trade fixtures not permanently affixed to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulationsPremises, which noncompliance does not relate to installations may be made by Tenantor installed in the Premises, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision at the termination of this Lease to become the contraryproperty of Lessor and remain upon and be surrendered with the Premises, until 10 days after such certificates, permits
C. Tenant, unless otherwise required by Lessor in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall discretion to be entitled to construct removed from the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsPremises upon the surrender thereof.
Appears in 1 contract
Sources: Lease (AeroVironment Inc)
Tenant Improvements. A. At any time during (a) Landlord shall perform or cause to have performed on and to the lease term, Tenant may equip Premises the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Leasework listed and/or shown on attached EXHIBIT “F”, all at Tenant’s sole cost and expense except to be selected by Tenant the extent provided below in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"Paragraph 23(e). Tenant's Work All such work (“Work”) shall be performed in a good and first-class workmanlike manner in strict accordance with the plans and specifications referenced in EXHIBIT “F” which have been approved by both Tenant and Landlord, and in compliance accordance with all applicable governmental laws.
B. Upon completion of Tenant's Work, Tenant rules, regulations and other requirements. Landlord shall apply forfor and obtain all permits, diligently pursuelicenses and certificates necessary for performance of the Work. All of the said Work shall be “Substantially Completed” (as hereinafter defined) on or before the Commencement Date. The Work shall be deemed to be “Substantially Completed” at such time as (i) Landlord shall certify in writing to Tenant that said Work has been completed in accordance with the foregoing provisions of this subparagraph (a), obtain subject only to minor punch list items which shall be therein specifically noted and deliver which shall be such as not to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for adversely affect Tenant’s use and occupancy of the Premises for Tenant’s Intended Use for a short duration of time, and (ii) a certificate of occupancy or “finaled” building permit is issued by the purposes contemplated appropriate governmental authority with respect to the Premises and the Work. Following substantial completion of the Work, Landlord shall obtain a certificate of occupancy for the Premises; provided, however, Landlord shall not be in default of this Section to the extent that Landlord is precluded or prevented from obtaining a certificate of occupancy for the Work or the Premises as a result of any actions or omissions by Tenant.
(b) The minor punch list items referred to in subparagraph (a) immediately preceding shall not act to suspend or delay the Commencement Date, but Landlord shall, as soon as reasonably possible following the Commencement Date, complete said minor punch list items, together with such other defects as Tenant shall thereafter discover and which Tenant shall report to Landlord in writing within thirty (30) days following said Commencement Date.
(c) Tenant shall have the right to enter upon the Premises at any time or times prior to the Commencement Date for the purpose of installing its equipment, fixtures, furniture and telecommunication systems, provided that in so doing the progress of the Work shall not be unreasonably interfered with or delayed. Any such prior use of the Premises shall not constitute acceptance of the Premises nor shall it in any way be deemed a waiver of any rights Tenant might have under this Lease.
(d) If for any reason whatever the Work is not Substantially Completed on or before the sixtieth (60th) day after the Estimated Commencement Date specified in Paragraph 3 hereof, then at any time thereafter, but prior to Substantial Completion, Tenant may terminate this Lease by written notice to Landlord and receive back all monies paid hereunder, in which event this Lease shall be null and void and neither party shall have any further obligation or liability hereunder; provided, however, that if Landlord would have Substantially Completed the Work on or before the Commencement Date specified in Paragraph 3 hereof but for (i) delays caused by strikes, fire, unusually severe and adverse weather conditions, unanticipated shortages of necessary labor or materials or for other reasons beyond the reasonable control of Landlord (“Force Majeure Delays”) or (ii) any Tenant Delay, then Tenant’s termination rights as aforesaid shall be postponed for that period of time that the Force Majeure Delays or Tenant Delay so delayed the Commencement Date. It is expressly agreed that Landlord shall give Tenant written notice of each and every Force Majeure Delay within five (5) days of the specific occurrence giving rise thereto and shall thereafter use commercially practicable efforts to eliminate or reduce the effect of such adverse condition on Substantial Completion of the Work.
(e) Landlord shall provide Tenant with a one-time tenant improvement allowance (the “Tenant Improvement Allowance”) in the amount of up to, but not exceeding $5.00 per rentable square foot of the Premises for the Work and $0.20 per rentable square foot for the costs relating to the initial design and construction of the Work. In no event shall Landlord be obligated to make disbursements pursuant to this paragraph in a total amount which exceeds the Tenant Improvement Allowance. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct receive any cash payment or credit against Rent or otherwise for any unused portion of the maximum signage permitted under local sign ordinances Tenant Improvement Allowance which is not used to pay for the Work. The Tenant Improvement Allowance may only be used to pay for the following items and other applicable governmental regulations. All sign costs: (i) payment of the architectural and engineering fees and costs, (ii) payment of plan check, permit and license fees relating to construction shall be in accordance with such local sign ordinances of the Work; (iii) the cost of constructing the Work, including, without limitation, contractors’ fees and applicable governmental regulation. Tenant shall obtaingeneral conditions, testing and inspection costs, costs of utilities, trash removal, parking and hoists, and Landlord shall cooperate the costs of after-hours freight elevator usage; (iv) the cost of any changes to the Work required to comply with Tenant's applications therefor, any applicable laws or ordinances; and all permits as are required under such governmental regulations(v) sales and use taxes and Title 24 fees.
Appears in 1 contract
Tenant Improvements. A. At Tenant shall have the right tomay make Improvements or demolish existing structures on the Leased Premises, at Tenant’s sole cost and expense, without the prior approval of Landlord, which approval will not be reasonably withheld. In connection with any time during such Improvement or demolition authorized by the lease termLandlord, Tenant may equip will be permitted to grade, level, and fill the Building with fixtures land, remove trees and personal property necessary or appropriateshrubs, as determined in Tenant's reasonable discretioninstall roadways and walkways, for the operation and install utilities, provided all of the foregoing serve the Improvements made on the Leased Premises and comply with applicable general law and local rules and ordinances. Landlord will have no liability for any costs or expenses in connection with the Improvements or demolitions on the Leased Land. Notwithstanding the foregoing rights of Tenant, Tenant will be required to obtain all necessary permits and meet all applicable requirements of the City of Belle Isle Land Development, Zoning and Building for Codes. For purposes of this Section, “Improvements” means the uses allowed under this Leaseconstruction or demolition of and the alteration or addition to structures, all to be selected by buildings, fencing, parking areas, student sports/play fields, and other grounds improvements within the area of the Leased Premises. Landlord will reasonably cooperate with Tenant in its reasonable discretion applying for and all as specified in the plans obtaining a Planned Development and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance zoning changes or variances, consistent with all applicable laws.
B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals C-2 zoning requirements as may be required by applicable laws necessary for occupancy the construction of buildings or other improvements in the Concept Plan attached hereto as Exhibit E, including extensions of the Premises for plan made to include the purposes contemplated in entire Leased Premises; however, under no circumstances may this Lease. Tenant shall take provision be interpreted as requiring the City to approve any corrective actionrequested Planned Development, as required by inspection reports by zoning change, or variance, where such may be denied or otherwise modified within the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance lawful discretion of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signsCity. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulations.Formatted: Highlight
Appears in 1 contract
Sources: Lease Agreement
Tenant Improvements. A. At Tenant shall not, without the prior written consent of Landlord, make any time during alterations, improvements or additions to the lease term, Tenant Premises (hereinafter referred to as a "Change"). If Landlord consents to a Change it may equip the Building impose such conditions with fixtures and personal property necessary or respect thereto as Landlord deems appropriate, as determined in Tenant's reasonable discretionincluding without limitation, requiring Tenant to furnish Landlord security for the operation payment of the Building for the uses allowed under this Lease, all costs to be selected by Tenant incurred in its reasonable discretion connection with the Change, insurance against liabilities which may arise out of such work and all as specified in the plans and specifications together with all necessary permits for such Change. The work necessary to make the Change shall be delivered to Landlord from time to time ("done at Tenant's Work"). Tenant's Work expense by employees or contractors hired by Landlord except to the extent that Landlord may agree otherwise, and shall be performed in a good and workmanlike such manner and in compliance at such times as Landlord shall direct to minimize disturbance to other tenants. Tenant shall promptly pay, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord a percentage of the cost of such Work (such percentage to be established on a uniform basis for the Building) sufficient to reimburse Landlord for all expenses arising from Landlord's involvement with all applicable laws.
B. such work. Upon completion of Tenant's Worksuch work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional Landlord, if payment is made directly to contractors, evidence of payment, contractors affidavits and full and final waivers of all liens for labor, services or unconditional certificate of occupancy, or any other permits or approvals materials (in the form attached hereto as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this LeaseExhibit E). Tenant shall take any corrective actionindemnify, as required by inspection reports by defend and hold harmless Landlord and the applicable governmental authorityBuilding from all costs, reasonably necessary damages and liens and expenses related to obtain such certificates, permits or approvals, to the extent the failure to obtain work. In connection with such certificates, permits or approvals is attributable to any failure work Tenant shall never be deemed an agent of Landlord. All work done by Tenant or Tenant's contractors shall be done in a first class workmanlike manner using only good grades of materials and shall comply with all union and insurance requirements and all Conditions. Any Change shall (without compensation to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance Tenant) become Landlord's property at the termination of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtainTerm, and shall, unless Landlord shall cooperate with Tenant's applications thereforrequests otherwise, any and all permits as are required under such governmental regulationsbe relinquished to Landlord in good condition, ordinary wear excepted.
Appears in 1 contract
Sources: Standard Office Lease (Centene Corp)
Tenant Improvements. A. At any time during the lease term, Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in will cause to be prepared at ------------------- Tenant's reasonable discretionexpense construction plans, for the operation drafts of the Building for the uses allowed under this Leasewhich are be attached hereto as Exhibit B, all to and which may be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord amended from time to time ("unilaterally by Tenant. Landlord's execution of this Lease shall, for purposes of this section, constitute consent of the Landlord as to those Tenant Improvements listed in Exhibit B, provided such plans are approved, if approval is required, by any local zoning agency. For any additional Tenant Improvements that may be required from time to time, Tenant will cause to be prepared at Tenant's Work")expense construction plans. Tenant's Work Such plans shall be presented to the Landlord in written form prepared by a professional architect or engineer. The Tenant Improvements shall be subject to the reasonable consent of the Landlord, which shall not be unreasonably withheld or delayed. If Landlord shall give its consent, the consent shall be deemed conditioned upon Tenant acquiring a permit from the appropriate governmental agency to permit the completion of the work, furnishing a copy thereof to Landlord prior to the commencement of the work, and compliance with all conditions of said permit in a prompt and expeditious manner. All work shall be performed in a good and workmanlike manner and in compliance with all applicable laws.
B. Upon manner. Following completion of Tenant's Worksuch work, Tenant shall apply for, diligently pursue, obtain and deliver furnish to Landlord landlord a conditional or unconditional certificate set of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of "as-built" drawings showing the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsImprovements.
Appears in 1 contract
Sources: Lease (Exodus Communications Inc)
Tenant Improvements. A. At any time during Tenant acknowledges that in the lease termevent Tenant intends to undertake improvements or alterations to the Leased Premises following the Effective Date, at its sole expense, Tenant must obtain the prior written consent and approval of Landlord to such improvements or alterations (“Alterations”), which consent shall not be unreasonably denied. Landlord’s approval of any such Alterations may equip also be conditioned upon Landlord’s approval of plans, contractors, contractor lien indemnification, and terms of access for construction. Landlord may require the Building plans to be prepared by a licensed Architect. Any Alterations to the Leased Premises made by Tenant shall at once become the property of Landlord and shall be surrendered to Landlord upon the termination of this Lease provided, however, Landlord, at its option, may require Tenant to remove and/or repair any Alterations in order to restore the Leased Premises to the condition existing at the time Tenant took possession, all costs of removal and/or repair and restoration to be borne by Tenant. This clause shall not apply to moveable equipment or furniture owned by Tenant which may be removed by Tenant at the end of the term of this Lease if Tenant is not then in default and if such equipment and furniture are not then subject to any other rights, liens and interests of Landlord. Following the completion of the initial leasehold improvements, all Alterations must be in accordance with fixtures the requirements of this Lease. Tenant, at its expense, shall obtain all necessary governmental permits and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, certificates for the operation commencement and prosecution of the Building Alterations and for final approval thereof upon completion and shall cause the uses allowed under this Lease, all Alterations to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws.
B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and the requirements of all applicable governmental regulationauthorities. Tenant All Alterations shall obtainbe diligently performed in a good and workmanlike manner, using materials and Landlord shall cooperate with Tenant's applications therefor, any equipment at least equal in quality and all permits as are required under such governmental regulationsclass to the original installations of the Leased Premises.
Appears in 1 contract
Sources: Lease Agreement (AxoGen, Inc.)
Tenant Improvements. A. At any time during the lease term, Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws.
B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permitspermits or approvals have been obtained, and Landlord shall take such action as is appropriate to promptly correct any such noncompliance.
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulations.governmental
Appears in 1 contract
Tenant Improvements. A. At any time during the lease term, Landlord agrees to provide a Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, Improvement Allowance of $360,000 for the operation plans, permits and construction of the Building approximately 9,000 square feet of Tenant improvements ("Improvements"). The final plan for the uses allowed under this Lease, all to these Tenant Improvements must be selected approved by Tenant in its reasonable discretion and all as specified in the Landlord (which approval shall not be unreasonably withheld or delayed). Upon final approval of such plans and specifications for the Improvements by Landlord and Tenant, Landlord shall cause the same to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws.
B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be constructed in accordance with such local sign ordinances agreed-to plans and specifications and all applicable governmental regulationlaws. Tenant shall obtainhave the right to approve the final cost of constructing the Improvements, and if Tenant fails to approve same the parties shall mutually agree to engage in value engineering and otherwise cooperate with one another so that the final cost of constructing the Improvements is acceptable to Tenant. Tenant shall not be liable for the payment of any such costs of construction that it does not approve in writing. Upon completion of the construction of the Improvements, Landlord shall cooperate assign to Tenant on a non-exclusive basis (it being agreed that Landlord shall retain the right to itself pursue all such warranties) all contractors', subcontractors' and manufacturers' warranties in connection with the construction of the Improvements. If the cost of constructing the Improvements: (i) exceeds $360,000, Landlord shall pay the excess cost ("Excess") and in such event the monthly Base Rent shall be increased by the monthly amount needed to fully amortize the Excess over the Lease Term (at an interest rate of 10% per annum) in equal monthly installments (each such installment to include both principal and interest); or (ii) is less than $360,000, the difference shall be credited to Base Rent due hereunder over the initial Term of this Lease in equal monthly amounts; provided, however, in no event shall such credit reduce Base Rent to an amount less than $0.27 per square foot of area in the Premises per month. Landlord shall not be entitled to charge a construction management fee, but it is acknowledged that its general contractor will charge a contractor's fee in an amount approved by Landlord and Tenant's applications therefor, any and all permits as are required under such governmental regulations.
Appears in 1 contract
Sources: Lease (Sport Supply Group Inc)
Tenant Improvements. A. At any time during the lease termTenant shall be responsible, Tenant may equip the Building with fixtures at its sole cost and personal property necessary or appropriate, as determined in Tenant's reasonable discretionexpense, for the operation construction and completion of any and all improvements to the Leased Premises (collectively, “Tenant Improvements”). Prior to commencing any portion of any Tenant Improvements, the plans and/or specifications therefor shall be submitted to, and approved by, Landlord, which approval shall not be unreasonably withheld or delayed. Tenant shall pay and be responsible for all permits (building permits and occupancy permits or certificates) and all inspections in connection with all Tenant Improvements and all other permits, licenses and approvals necessary for its lawful occupancy and use of the Building for the uses allowed under this LeaseLeased Premises, all other than those required to be selected obtained by Landlord. All Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work Improvements shall be performed made and done in a good and workmanlike manner and in compliance accordance with the “Base Building Standards” set forth on EXHIBIT C and the “Tenant Contractor’s Rules and Regulations” attached hereto as EXHIBIT F. All Tenant Improvements work performed by Tenant shall be diligently prosecuted to completion and shall comply with all applicable laws.
B. Upon completion of Tenant's Work. Landlord shall not be deemed a principal, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancypartner, or joint venturer in relation to Tenant or any Tenant Improvements. Notice is hereby given to all persons furnishing labor and materials to Tenant that no mechanics’, materialmen’s or other permits liens sought to be imposed on the Leased Premises shall in any manner affect the right, title or approvals as may be required by applicable laws for occupancy interest of the Premises for the purposes contemplated Landlord in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, and to the extent Leased Premises, nor the failure to obtain such certificatesright, permits title or approvals is attributable to interest therein of any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits holder of any mortgage or approvals due to any existing noncompliance deed of trust encumbering the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsLeased Premises.
Appears in 1 contract
Sources: Lease Agreement
Tenant Improvements. A. At any time during Tenant acknowledges that in the lease termevent Tenant intends to undertake improvements or alterations to the Leased Premises following the Effective Date, Tenant must obtain the prior written consent and approval of Landlord to such improvements or alterations ("Alterations"), which consent may equip in the Building sole and absolute discretion of Landlord be denied. Landlord's approval of any such Alterations may also be conditioned upon Landlord's approval of plans, contractors, contractor lien indemnification, and terms of access for construction. Any Alterations to the Leased Premises made by Tenant shall at once become the property of Landlord and shall be surrendered to Landlord upon the termination of this Lease provided, however, Landlord, at its option, may require Tenant to remove and/or repair any Alterations in order to restore the Leased Premises to the condition existing at the time Tenant took possession, all costs of removal and/or repair and restoration to be borne by Tenant. This clause shall not apply to moveable equipment of furniture owned by Tenant which may be removed by Tenant at the end of the term of this Lease if Tenant is not then in default and if such equipment and furniture are not then subject to any other rights, liens and interests of Landlord. Following the completion of the initial leasehold improvements, all Alterations must be in accordance with fixtures the requirements of this Lease. Tenant, at its expense, shall obtain all necessary governmental permits and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, certificates for the operation commencement and prosecution of the Building Alterations and for final approval thereof upon completion and shall cause the uses allowed under this Lease, all Alterations to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws.
B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and the requirements of all applicable governmental regulationauthorities. Tenant All Alterations shall obtainbe diligently performed in a good and workmanlike manner, using materials and Landlord shall cooperate with Tenant's applications therefor, any equipment at least equal in quality and all permits as are required under such governmental regulationsclass to the original installations of the Leased Premises.
Appears in 1 contract
Tenant Improvements. A. At Tenant shall take the space in as-is condition. Furthermore, any time during materials and labor required for the lease terminstallation of Tenant’s telephone and data systems shall be at Tenant’s expense.
(a) Any sign, lettering, picture, notice or advertisement shall be placed on any outside window or in a position to be visible from outside the Premises without the written consent of Landlord. If such consent is granted, such signage shall be installed by Landlord at Tenant’s cost and in such manner, character and style as Landlord may approve in writing.
(b) Tenant may equip shall not advertise the business, profession or activities of Tenant conducted in the Building with fixtures in any manner which violates the letter or spirit of any code of ethics adopted by any recognized association or organization pertaining to such business, profession or activities, and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for shall not use the operation name of the Building for any purpose other than that of business address of Tenant, and shall never use any picture or likeness of the uses Building in any circulars, notices, advertisements or correspondence without Landlord’s express consent in writing. Tenant shall not do any act tending injure the reputation of the Building.
(c) No article which is explosive or inherently dangerous is allowed under this Leasein the Building.
(d) Tenant shall not obstruct, all or use for storage, or for any purpose other than ingress and egress the sidewalks, entrances, passages, courts, corridors, vestibules, halls and stairways of the Building.
(e) No bicycle or other vehicle, no dog or other animal or bird shall be brought or permitted to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable lawsBuilding or any part thereof.
B. Upon completion of Tenant's Work, (f) Tenant shall apply fornot make or permit any noise or odor that is objectionable to other tenant or occupants of the Building to emanate from the Premises, diligently pursueand shall not create or maintain a nuisance thereon.
(g) Tenant shall not disturb, obtain and deliver to Landlord a conditional solicit or unconditional certificate canvass any occupant of occupancythe Building.
(h) Tenant shall not install any musical instrument or equipment in the Building, or any antennas, aerial wires or other permits equipment inside or approvals as may outside the Building, without, in each and every instance, prior approval in writing by Landlord. The use thereof, if permitted, shall be required subject to control by applicable laws Landlord to the end that others shall not be disturbed or annoyed and shall require Tenant to indemnify Landlord for occupancy of any damage to the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports Building caused by the applicable governmental authorityinstallation of such antennas, reasonably necessary to obtain such certificates, permits aerial wires or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsequipment.
Appears in 1 contract
Tenant Improvements. A. At Tenant shall not, without the prior written consent of Landlord, make any time during alterations, improvements or additions to the lease term, Tenant Premises (hereinafter referred to as a "Change"). If Landlord consents to a Change it may equip the Building impose such conditions with fixtures and personal property necessary or respect thereto as Landlord deems appropriate, as determined in Tenant's reasonable discretionincluding without limitation, requiring Tenant to furnish Landlord security for the operation payment of the Building for the uses allowed under this Lease, all costs to be selected by Tenant incurred in its reasonable discretion connection with the Change, insurance against liabilities which may arise out of such work and all as specified in the plans and specifications together with all necessary permits for such Change. The work necessary to make the Change shall be delivered to Landlord from time to time ("done at Tenant's Work"). Tenant's Work expense by employees or contractors hired by Landlord except to the extent that Landlord may agree otherwise, and shall be performed in a good and workmanlike such manner and in compliance at such times as Landlord shall direct to minimize disturbance to other tenants. Tenant shall promptly pay, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord a percentage of the cost of such work (such percentage to be established on a uniform basis for the Building) sufficient to reimburse Landlord for all expenses arising from Landlord's involvement with all applicable laws.
B. such work. Upon completion of Tenant's Worksuch work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional Landlord, if payment is made directly to contractors, evidence of payment, contractors affidavits and full and final waivers of all liens for labor, services or unconditional certificate of occupancy, or any other permits or approvals materials (in the form attached hereto as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this LeaseExhibit E). Tenant shall take any corrective actionindemnify, as required by inspection reports by defend and hold harmless Landlord and the applicable governmental authorityBuilding from all costs, reasonably necessary damages and liens and expenses related to obtain such certificates, permits or approvals, to the extent the failure to obtain work. In connection with such certificates, permits or approvals is attributable to any failure work Tenant shall never be deemed an agent of Landlord. All work done by Tenant or Tenant's contractors shall be done in a first class workmanlike manner using only good grades of materials and shall comply with all union and insurance requirements and all Conditions. Any Change shall (without compensation to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance Tenant) become Landlords property at the termination of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtainTerm, and shall, unless Landlord shall cooperate with Tenant's applications thereforrequests otherwise, any and all permits as are required under such governmental regulationsbe relinquished to Landlord in good condition, ordinary wear excepted.
Appears in 1 contract
Tenant Improvements. A. At any time during the lease termTenant is currently preparing, Tenant may equip the Building with fixtures at its -sole cost and personal property necessary or appropriateexpense, as determined in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications for the improvements Tenant desires to make to the Additional Expansion Premises (the "Plans). The Plans shall be delivered submitted to Landlord for its approval, which approval shall not be unreasonable withheld and shall be granted or rejected within ten (10) days after Landlord's receipt of the Plans. The Plans shall be stamped by a Massachusetts registered architect and shall comply with all applicable laws, ordinances and regulations (including without limitation, the applicable requirements of the Americans with Disabilities Act of 1990, as amended from time to time time, and the regulations promulgated thereunder) and the requirements of the Lease regarding Alterations and shall be in a form satisfactory to appropriate governmental authorities responsible for the issuance of permits, approvals and licenses required for construction. Landlord's approval of the Plans shall not impose upon Landlord any responsibility or liability whatsoever to Tenant. Promptly after approval of the Plans, Tenant shall commence and exercise all reasonable efforts to complete the work specified therein ("Tenant's Work"). All of the Tenant's Work shall be completed in accordance with the approved Plans and the requirements for Alterations set forth in the Lease. Copies of all permits and approvals required for Tenant's Work shall be furnished to Landlord promptly upon receipt thereof. Tenant's Work shall be performed in by a good general contractor first approved by Landlord, which approval shall not be unreasonably withheld or delayed, under a written construction contract. The approval by Landlord of Tenant's general contractor shall not impose upon Landlord any responsibility or liability whatsoever to Tenant as a result of or arising out of the defaults or other acts or omissions of the general contractor. A copy of all required bonds and workmanlike manner certificates of insurance required by the Lease shall be furnished to Landlord prior to the commencement of construction and in compliance with all applicable laws.
B. Upon completion installation of Tenant's Work, . Within forty-five (45) days after completion of any Tenant's Work Tenant shall apply for, diligently pursue, obtain and deliver provide to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals "as may be required by applicable laws for occupancy built" plans of the Premises for the purposes contemplated in this LeaseTenant's Work. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance provide Landlord with copies of the Building or its appurtenances with certificate of occupancy for any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision Work that requires a certificate of this Lease to the contrary, until 10 days occupancy reasonable promptly after completion of such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances entirely responsible for all costs and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate expenses associated with Tenant's applications therefor, any and all permits as are required under such governmental regulationsWork.
Appears in 1 contract
Sources: Lease Agreement (TechTarget Inc)
Tenant Improvements. A. At any time during the lease term, Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws.
B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expensecost, install fixtures, equipment and furnishings in or to the Premises in a first-class manner and at a minimum consistent with Landlord’s building standard materials and finishes and with Tenant’s permitted use. Such trade fixture and furnishing activities shall be defined herein collectively as part the “Tenant Improvements.” Tenant shall work with Landlord and cause Genesis Architecture to complete and deliver the Plans with due diligence, time being of the essence. Landlord and Tenant hereby agree to use their best efforts to agree to finalize the Plans by October 1, 2015. The Plans shall be subject to Landlord’s approval and the approval of all local governmental authorities with jurisdiction. Landlord agrees not to unreasonably withhold its approval of said Plans. If Landlord notifies Tenant that changes are required to the final Plans submitted by Tenant's Work, erect interior Tenant shall promptly submit to Landlord, for its approval, the Plans amended in accordance with the changes so required. The Plans shall also be revised, and exterior signsthe Tenant Improvements shall be changed, to incorporate any work required in the Premises by any local governmental field inspector. Landlord’s approval of the Plans shall in no way be deemed to be (i) an acceptance or approval of any element therein contained which is in violation of any applicable laws, ordinances, regulations or other governmental requirements, or (ii) an assurance that work done pursuant to the Plans will comply with all applicable laws (or with the interpretations thereof) or satisfy Tenant’s objectives and needs. Landlord shall deliver written notice (the “Approval Notice”) to tenant upon Landlord’s approval of the Plans. Upon the delivery of the Approval Notice, Landlord and Tenant hereby mutually agree to select ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Northmarq Construction Management (“CWNCM”) as the construction manager for the Tenant Improvements. Tenant shall be entitled to construct enter in a contract with CWNCM (the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction “CWNCM Contract”) for management of the Tenant Improvements in a form consistent with the bid or proposal approved by Tenant, which contract shall be capped at three percent (3%) of the total construction costs for the Tenant Improvements. Notwithstanding the foregoing, Tenant shall not have to pay CWNCM a percentage of costs of the following Tenant Improvements: architectural and planning services provided by Genesis Architecture for the Plans (as set forth above in Section 8), furniture or equipment moving, or voice or data installation, unless Tenant requests that CWNCM hire vendors to coordinate the same. CWNCM shall request bids from up to three (3) general contractors to perform the Tenant Improvements based on the Plans, and CWNCM, Landlord and Tenant shall mutually agree on the selection of a general contractor. Tenant shall cause the general contractor to complete the Tenant Improvements with due diligence and in accordance with such local sign ordinances the approved Plans. All costs incurred by Tenant in its CWNCM Contract and applicable governmental regulation. Tenant its contract with the selected general contractor for the completion of the Tenant’s Work shall obtain, and Landlord shall cooperate with be paid by Tenant's applications therefor, any and all permits as are required under such governmental regulations.
Appears in 1 contract
Sources: Industrial/Warehouse Lease Agreement (Insignia Systems Inc/Mn)
Tenant Improvements. A. At any time during Tenant shall not have the lease termright or allow others to make additions, alterations, or improvements to the Premises without the prior written consent of Landlord, which consent Landlord shall not unreasonably delay, condition, or deny. In addition to securing Landlord’s prior written consent, Tenant may equip shall also be responsible for securing any necessary permits from the Building relevant government entities in order to make improvements. Nothing set forth in this Lease is intended or shall be interpreted to limit or restrict Landlord’s exercise of its police powers, including with fixtures respect to the consideration and personal property necessary approval of required applications for development and building entitlements. Any and all additions, alterations, and improvements by Tenant shall be made at Tenant’s expense in accordance with the following: (i) such work, including, without limitation, Tenant’s final working drawings, plans, specifications, and choice of contractors, subcontractors, and suppliers shall be subject to the continuing approval of Landlord, which information shall be furnished to Landlord for Landlord’s review and approval before the work is commenced, and any work not acceptable to the appropriate governmental entity or appropriatenot reasonably satisfactory to Landlord shall be promptly replaced at Tenant’s expense; (ii) notwithstanding any failure by Landlord to object to any such work, as determined in Tenant's reasonable discretion, for Landlord shall not be responsible therefor; (iii) such work shall not adversely affect the operation outside appearance and strength of the Building for Premises or the uses allowed under this Leasemechanical, electrical, and plumbing services and equipment thereof; (iv) such work shall not alter, add to, or otherwise change the exterior of the Premises, without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion; (v) such work shall not cause or create a dangerous or hazardous condition and shall not interfere with or disturb peace of the general public; (vi) Tenant shall cause all such work to be selected by Tenant performed in its reasonable discretion and all such a manner as specified in not to obstruct the plans and specifications access to be delivered to Landlord from time to time the Premises; ("Tenant's Work"). Tenant's Work vii) such work shall be performed done in a good and workmanlike manner and in compliance with all applicable laws.
B. Upon completion legal requirements and shall be diligently prosecuted to completion; (viii) Tenant’s contractor or each of Tenant's Work, its subcontractors shall be bonded with sureties satisfactory to Landlord in an amount sufficient to ensure full performance of the work to be done by Tenant and to ensure full payment to materialmen; (ix) Tenant and its contractor and subcontractors shall carry such worker’s compensation general liability and personal and property damage insurance as Landlord may reasonably require; (x) such insurance shall be adequate to protect Landlord and shall name Landlord as an additional insured; (xi) Tenant shall apply fordefend, diligently pursueindemnify, obtain and deliver to hold harmless Landlord a conditional or unconditional certificate of occupancyand its elected and appointed officials, or any other permits or approvals as may be required by applicable laws for occupancy officers, directors, employees, and agents (all of the Premises foregoing being hereinafter collectively referred to as the “Indemnitees”) from and against any and all claims, actions, damages, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) directly or indirectly arising out of or incurred in connection with, and any and all claims, demands, suits, actions for the purposes contemplated or in this Lease. Tenant shall take any corrective actionrelation to, as required by inspection reports by the applicable governmental authoritywages or cost of materials or equipment used in connection with, reasonably necessary additions, alterations and improvements made or caused to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations be made by Tenant; and (xii) Landlord shall have the right at all reasonable times to post and keep posted on the Premises any notice that may be provided by law which Landlord may deem necessary or advisable for the protection of Landlord and the Premises from mechanics’ lien or stop notice claims. The restrictions contained in this Section 9.02 with respect to Tenant’s contractors, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtainsubcontractors, and Landlord suppliers shall cooperate apply regardless whether such persons or entities are employees or agents of, or otherwise affiliated with Tenant's applications therefor, any and all permits as are required under such governmental regulations.
Appears in 1 contract
Sources: Lease Agreement
Tenant Improvements. A. At a. Tenant acknowledges that Landlord has met its obligations to construct tenant improvements or provide an allowance for Tenant to construct tenant improvements with respect to the Original Premises pursuant to Exhibit B of the Lease.
b. Tenant hereby agrees to accept the Additional Premises in its “as-is” condition existing on the date hereof and Landlord shall have no obligation to construct any time during tenant improvements to the lease term, Additional Premises on behalf of Tenant.
c. Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, shall construct tenant improvements (“Improvements”) for the operation of Additional Premises in accordance with the Building for plans (the uses allowed under this Lease“Plans”), all to which shall be selected prepared by Tenant and approved in its reasonable discretion final form by Landlord, which approval shall not be unreasonably withheld. The Plans shall include items and all information as specified in the plans and specifications Landlord shall reasonably require to be delivered to Landlord from time to time ("evaluate Tenant's Work")’s work. Tenant's Work All Improvements shall be performed constructed in a good and workmanlike manner using new materials and in compliance accordance with all applicable laws, codes and regulations, including the Americans with Disability Act (“ADA”) and in accordance with Paragraph 6 of the Lease (except that the first sentence of Paragraph 6(b) of the Lease shall not apply with respect to the Improvements). It is expressly agreed that (a) Tenant shall not commence any such work until said Plans have been approved by Landlord, and (b) the Plans which have been so approved by Landlord have been used by Tenant, if applicable, to obtain all permits that are necessary to construct the Improvements. Tenant acknowledges that Landlord’s review and approval of the Plans is not conducted for the purpose of determining the accuracy and completeness of the Plans, their compliance with applicable codes and governmental regulations including ADA, or their sufficiency for purposes of obtaining a building permit, all of which shall remain the responsibility of Tenant and Tenant’s architect. Accordingly, Landlord shall not be responsible for any delays in obtaining the building permit due to the insufficiency of the Plans or any delays due to changes in the Plans required by the applicable governmental regulatory agencies reviewing the Plans. If, as a result of any proposed Improvements made by Tenant to the Additional Premises, Landlord is obligated to comply with the ADA 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 approval, Landlord shall have the right to require Tenant to pay to Landlord prior to the construction of any such Improvement by Tenant, the entire cost of any improvement or alteration Landlord is obligated to complete by such law or regulation.
B. Upon completion d. Tenant shall provide Landlord with a breakdown of the estimated total cost of the Improvements (“Cost Breakdown”), including, without limitation: construction cost of the Improvements; architectural and engineering fees relating to the preparation and review of the space plan and the Plans (inclusive of the initial space plan and all design work above and below the ceiling); governmental agency plan check, permit and other fees; sales and use taxes; testing and inspection costs; and construction fees (including general contractor’s overhead and supervision fees and the construction supervisory fee referred to in subparagraph (i) hereof). In connection thereto, Landlord hereby grants to Tenant an “Improvement Allowance” of up to Twenty and 75/100 Dollars ($20.75) per rentable square foot of space in the Additional Premises (i.e., 20,283 rentable square feet multiplied by $20.75 = $420,872.25). The Improvement Allowance shall be disbursed to Tenant not more frequently than once per month based on disbursement requests submitted by Tenant to Landlord and certified by Tenant's Work’s architect. Such disbursement request shall set forth the total amount incurred, expended and/or due for each requested item less prior disbursements and a description of the work performed, and materials supplied and/or costs incurred or due with respect to each item for which disbursement is requested. Each such disbursement request shall be accompanied by invoices, vouchers, statements, affidavits, payroll records and/or other documents reasonably requested by Landlord, which substantiate costs incurred to justify such a disbursement, together with lien waivers for those contractors and materialmen providing construction services or materials. In addition, each disbursement shall be subject to inspection and approval of completed work by Landlord’s construction engineer. In the event the Cost Breakdown exceeds the Improvement Allowance, Tenant shall apply forpay from another source of funds the amount by which the Cost Breakdown exceeds the Improvement Allowance prior to any disbursement of the Improvement Allowance by Landlord. In the event the actual cost of the Improvements is less than the Improvement Allowance, diligently pursuethe unused portion of the Improvement Allowance shall not be paid or refunded to Tenant or be available to Tenant as a credit against any obligations of Tenant under the Lease, except that up to thirty-three percent (33%) of the Improvement Allowance (i.e., $420,872.25 multiplied by .33 = $138,887.84) may be used to reimburse Tenant for its documented, third-party out-of-pocket expenses incurred in connection with its installation of its data and voice cabling and wiring at the Additional Premises. The Improvement Allowance must be expended on or before the expiration of the twelve (12) calendar month period following the Effective Date. If the Improvement Allowance is not expended on or before such date, the Improvement Allowance shall no longer be available to Tenant and Landlord shall have no further obligation to provide such Improvement Allowance to Tenant.
e. Tenant shall obtain Landlord’s approval of Tenant’s contractor, which approval shall not be unreasonably withheld provided (i) such contractor’s primary business is the construction of tenant/interior finish work in commercial office buildings; (ii) such contractor is licensed to do business in Somerset County, New Jersey, and deliver (iii) such contractor is not a contractor with whom Landlord or its agent has had unsatisfactory dealings in the past. Landlord hereby agrees that if Tenant elects to use ▇▇▇▇ Construction Company, LLC or DDB Interior Contracting as Tenant’s contractor, such contractors are pre-approved and shall not require any additional approvals by Landlord. Additionally, Tenant shall submit a copy of the proposed construction contract to Landlord for Landlord’s approval. Landlord’s approval, which shall not be unreasonably withheld, shall be given or denied (as applicable) within ten (10) business days of receipt of the necessary information from Tenant. Tenant’s contractors and subcontractors shall be required to provide the following types of insurance, in the minimum amounts indicated, naming Landlord (and Landlord’s mortgagee, if required by Landlord) as additional insured:
(i) Workmen’s Compensation with full statutory limits for employer’s liability.
(ii) Commercial General Liability Insurance including direct and contingent liability in the aggregate amount of One Million and No/100 Dollars ($1,000,000.00) combined single limit coverage per occurrence for personal injury, death or property damage.
(iii) The Liability Policy shall include coverage for Broad Form Hold Harmless Agreement as is contained in the standard contract.
(iv) Automobile Liability Insurance with bodily injury limits of $250,000 per person, $500,000 per accident, and $50,000 per accident for Property Damage. Certificates of insurance for all of the foregoing insurance coverages shall be delivered to Landlord before construction of the improvements is started and before Tenant’s contractor’s equipment is placed upon the Additional Premises. In all other respects, the insurance coverage above mentioned shall comply with the Lease provisions.
f. It is agreed that Tenant assumes the entire responsibility and liability due to its negligence, including statutory or common law, for any and all injuries or death of any or all persons, including its contractor, subcontractors and employees, and for any and all damages to property caused by or resulting from or arising out of any act or omission on the part of Tenant, its contractor, subcontractors or employees, in the prosecution of the work thereunder. With respect to such work Tenant agrees to indemnify and save harmless Landlord, its mortgagee, architect, engineers and their employees and all other tenants of the Property from and against all losses and expense, including legal fees, which they may suffer or pay as the result of claims or lawsuits due to, because of or arising out of any and all such injuries, death or damage, whether real or alleged, and Tenant, its contractor and subcontractors shall assume and defend at their own expense all such claims or lawsuits, unless caused by the gross negligence or willful misconduct of Landlord. Tenant agrees to insure this assumed liability in its Comprehensive General Liability Policy and the original or copy of the policy delivered to Landlord shall indicate this contractual coverage.
g. For and during the period of construction, Tenant shall provide and pay for all utilities consumed upon the Additional Premises during said period and for the removal of all temporary connections.
h. Tenant shall endeavor to cause the contractor to substantially complete construction of the Improvements in a conditional diligent manner. It shall be the sole responsibility of Tenant to file all drawings and specifications, pay all fees and obtain all permits and applications from any governmental authorities having jurisdiction, and to obtain any certificates or unconditional approvals, including a certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy to enable Tenant to occupy the Additional Premises. Upon completion of the Premises for the purposes contemplated Improvements, Tenant’s contractors and/or subcontractors shall provide Landlord, without cost to Landlord, with one (1) set of transparent “as built” drawings. No delay in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its completion of construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder Improvements shall be postponed, notwithstanding any other provision of this Lease to delay the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct Effective Date beyond the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsdate specified herein.
Appears in 1 contract
Tenant Improvements. A. At any time during the lease term, Tenant may equip the Building with fixtures and personal property necessary Whether or appropriate, as determined not required in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all to be selected any improvements constructed by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good constructed by using licensed, bonded and workmanlike manner and insured contractors approved by Landlord in compliance with all applicable laws.
B. Upon completion federal, state, and municipal laws and rules and regulations of the departments and bureaus having jurisdiction thereof. Tenant shall pay all applicable costs, fees, and charges levied by any governmental agency or otherwise, attendant to the construction and operation of said improvements, including but not limited to municipal or other fees, permit costs, and other charges relating to the construction and operation of the Premises. Tenant is to perform all work and supply all materials at Tenant's sole cost and expense to make the subject Premises suitable for Tenant's specific use. Tenant shall obtain the written approval of Landlord prior to the commencement of any improvements. Landlord must approve both the improvements and the contractors to perform the work, which approval shall not be unreasonably withheld. No representations, inducements, understanding or anything of any nature whatsoever made, stated or represented by Landlord or anyone acting for or on Landlords behalf, either orally or in writing, have induced Tenant to enter into this Lease, and Tenant acknowledges, represents and warrants that Tenant has entered into this Lease under and by virtue of Tenant's Workown independent investigation. Tenant hereby accepts the Premises in an "as is" and "where is" condition without warranty of any kind, Tenant shall apply forexpress or implied, diligently pursueincluding, obtain without limitation, any warranty as to title, physical condition or the presence or absence of Hazardous Materials, and deliver if the Premises are not in all respects entirely suitable for the use or uses to Landlord a conditional or unconditional certificate of occupancy, which the Premises or any other permits or approvals part thereof will be put, then it is the sole responsibility and obligation of Tenant (subject only to the obligations of Landlord set forth in Exhibit "B", if any) to take such action as may be required by applicable laws for occupancy of necessary to place the Premises in a condition entirely suitable for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits use or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsuses.
Appears in 1 contract
Sources: Commercial Lease
Tenant Improvements. A. At any time during All work performed to the lease term, Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work Premises shall be performed done in a good and workmanlike manner and in strict compliance with all applicable building, fire, sanitary and safety codes, and other applicable laws.
B. Upon , statutes, regulations, and ordinances. Prior to the commencement of any work, Tenant shall submit to Landlord’s Property Manager and obtain Landlord’s written consent to all of the following: Tenant’s plans, specifications and work drawings detailing the alteration, construction or changes to the Premises proposed by Tenant; Tenant’s estimated costs; and, the names of Tenant’s general contractors and major subcontractors, along with copies of contractors/subcontractors’ certificates of insurance and bonding. As required by law, Tenant shall apply for permits and submit permit plans to the City of Portland’s Bureau of Development Services or other appropriate City bureaus, or government agency with permitting responsibility, within ten (10) days of obtaining Landlord’s written consent to Tenant’s plans and specifications. All Tenant Improvement plans for construction, alteration or changes to the Premises shall be signed and sealed by an architect or engineer licensed by the State of Oregon. Tenant shall provide Landlord with proof of valid permits prior to commencement of any work and proof of inspection approval after work completion. The City of Portland’s Bureau of Development Services or other appropriate City bureaus shall be considered separate regulating or permitting bodies; the City’s Bureau of Parks and Recreation shall be deemed Landlord. Landlord’s written consent and approval of proposed or constructed Tenant Improvement shall create no responsibility or liability on the part of Landlord for design completeness, sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities, and shall not be construed as Landlord’s warranty or approval of the adequacy, competence, experience, bonding or licensure of any contractors/subcontractors or the quality of the work that may be performed by these persons. Tenant remains liable to Landlord for non-compliance and defects in any work performed by Tenant’s contractors/subcontractors. All work performed by Tenant shall be carried forward expeditiously, shall not interfere with Landlord’s work or the work to be performed by or for other tenants, and shall be completed within a reasonable time. All work shall be completed in a good workmanlike manner. Landlord or Landlord’s employees or agents shall have the right at all reasonable times to inspect the quality and progress of the work. Tenant shall provide Landlord all construction drawings (inclusive of architectural, structural, mechanical, and electrical drawings) on computer disks in format readable by AutoCAD 2008 (or the appropriate version utilized by the City), at completion of Tenant's Workconstruction. Upon the expiration or termination of the Lease, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of remove from the Premises and building all of Tenant’s property and any alterations or improvements installed by or on behalf of Tenant, unless Tenant has obtained written consent from Landlord to leave such alteration or improvement in place as Landlord’s property. Such improvements may include, without limitation, any cabling, conduit or other equipment installed for the purposes contemplated in this Leasetelecommunications services. Tenant shall take promptly repair any corrective actiondamage to Landlord’s property caused by such removal, as required by inspection reports by and restore the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, area to the extent condition the failure area was in prior to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Leaseinstallation of the property in question. If Tenant is unable fails to obtain such certificatesremove its property, permits alterations or approvals improvements, Landlord may at its discretion keep or use some or all of the property as Landlord’s own without any compensation due to any existing noncompliance Tenant, or elect to remove, store and sell some or all of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be property in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtainlaw, and Landlord shall cooperate with at Tenant's applications therefor, any and all permits as are required under such governmental regulations’s expense.
Appears in 1 contract
Sources: Land Lease Agreement
Tenant Improvements. A. At a. Tenant acknowledges that Landlord has met its obligations to construct tenant improvements or provide an allowance for Tenant to construct tenant improvements with respect to the Original Premises and the Additional Premises pursuant to Exhibit B of the Original Lease and Paragraph 2 of the First Amendment..
b. Tenant hereby agrees to accept the Second Additional Premises in its “as-is” condition existing on the date hereof and Landlord shall have no obligation to construct any time during tenant improvements to the lease term, Second Additional Premises on behalf of Tenant.
c. Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, shall construct tenant improvements (“Improvements”) for the operation of Second Additional Premises in accordance with the Building for plans (the uses allowed under this Lease“Plans”), all to which shall be selected prepared by Tenant and approved in its reasonable discretion final form by Landlord, which approval shall not be unreasonably withheld. The Plans shall include items and all information as specified in the plans and specifications Landlord shall reasonably require to be delivered to Landlord from time to time ("evaluate Tenant's Work")’s work. Tenant's Work All Improvements shall be performed constructed in a good and workmanlike manner using new materials and in compliance accordance with all applicable laws, codes and regulations, including the Americans with Disability Act (“ADA”) and in accordance with Paragraph 6 of the Lease (except that the first sentence of Paragraph 6(b) of the Lease shall not apply with respect to the Improvements). It is expressly agreed that (a) Tenant shall not commence any such work until said Plans have been approved by Landlord, and (b) the Plans which have been so approved by Landlord have been used by Tenant, if applicable, to obtain all permits that are necessary to construct the Improvements. Tenant acknowledges that Landlord’s review and approval of the Plans is not conducted for the purpose of determining the accuracy and completeness of the Plans, their compliance with applicable codes and governmental regulations including ADA, or their sufficiency for purposes of obtaining a building permit, all of which shall remain the responsibility of Tenant and Tenant’s architect. Accordingly, Landlord shall not be responsible for any delays in obtaining the building permit due to the insufficiency of the Plans or any delays due to changes in the Plans required by the applicable governmental regulatory agencies reviewing the Plans. If, as a result of any proposed Improvements made by Tenant to the Second Additional Premises, Landlord is obligated to comply with the ADA 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 approval, Landlord shall have the right to require Tenant to pay to Landlord prior to the construction of any such Improvement by Tenant, the entire cost of any improvement or alteration Landlord is obligated to complete by such law or regulation.
B. Upon completion d. Tenant shall provide Landlord with a breakdown of the estimated total cost of the Improvements (“Cost Breakdown”), including, without limitation: construction cost of the Improvements; architectural and engineering fees relating to the preparation and review of the space plan and the Plans (inclusive of the initial space plan and all design work above and below the ceiling); governmental agency plan check, permit and other fees; sales and use taxes; testing and inspection costs; and construction fees (including general contractor’s overhead and supervision fees and the construction supervisory fee referred to in subparagraph (i) hereof). In connection thereto, Landlord hereby grants to Tenant an “Improvement Allowance” of up to Twenty and 75/100 Dollars ($20.75) per rentable square foot of space in the Second Additional Premises (i.e., 23,560 rentable square feet multiplied by $20.75 = $488,870.00). The Improvement Allowance shall be disbursed to Tenant not more frequently than once per month based on disbursement requests submitted by Tenant to Landlord and certified by Tenant's Work’s architect. Such disbursement request shall set forth the total amount incurred, expended and/or due for each requested item less prior disbursements and a description of the work performed, and materials supplied and/or costs incurred or due with respect to each item for which disbursement is requested. Each such disbursement request shall be accompanied by invoices, vouchers, statements, affidavits, payroll records and/or other documents reasonably requested by Landlord, which substantiate costs incurred to justify such a disbursement, together with lien waivers for those contractors and materialmen providing construction services or materials. In addition, each disbursement shall be subject to inspection and approval of completed work by Landlord’s construction engineer. In the event the Cost Breakdown exceeds the Improvement Allowance, Tenant shall apply forpay from another source of funds the amount by which the Cost Breakdown exceeds the Improvement Allowance prior to any disbursement of the Improvement Allowance by Landlord. In the event the actual cost of the Improvements is less than the Improvement Allowance, diligently pursuethe unused portion of the Improvement Allowance shall not be paid or refunded to Tenant or be available to Tenant as a credit against any obligations of Tenant under the Lease, except that up to thirty-three percent (33%) of the Improvement Allowance (i.e., $488,870.00 multiplied by .33 = $161,327.10) may be used to reimburse Tenant for its documented, third-party out-of-pocket expenses incurred in connection with its installation of its data and voice cabling and wiring at the Second Additional Premises. The Improvement Allowance must be expended on or before the expiration of the twelve (12) calendar month period following the Effective Date. If the Improvement Allowance is not expended on or before such date, the Improvement Allowance shall no longer be available to Tenant and Landlord shall have no further obligation to provide such Improvement Allowance to Tenant.
e. Tenant shall obtain Landlord’s approval of Tenant’s contractor, which approval shall not be unreasonably withheld provided (i) such contractor’s primary business is the construction of tenant/interior finish work in commercial office buildings; (ii) such contractor is licensed to do business in Somerset County, New Jersey, and deliver (iii) such contractor is not a contractor with whom Landlord or its agent has had unsatisfactory dealings in the past. Landlord hereby agrees that if Tenant elects to use ▇▇▇▇ Construction Company, LLC or DDB Interior Contracting as Tenant’s contractor, such contractors are pre-approved and shall not require any additional approvals by Landlord. Additionally, Tenant shall submit a copy of the proposed construction contract to Landlord for Landlord’s approval. Landlord’s approval, which shall not be unreasonably withheld, shall be given or denied (as applicable) within ten (10) business days of receipt of the necessary information from Tenant. Tenant’s contractors and subcontractors shall be required to provide the following types of insurance, in the minimum amounts indicated, naming Landlord (and Landlord’s mortgagee, if required by Landlord) as additional insured:
(i) Workmen’s Compensation with full statutory limits for employer’s liability.
(ii) Commercial General Liability Insurance including direct and contingent liability in the aggregate amount of One Million and No/100 Dollars ($1,000,000.00) combined single limit coverage per occurrence for personal injury, death or property damage.
(iii) The Liability Policy shall include coverage for Broad Form Hold Harmless Agreement as is contained in the standard contract.
(iv) Automobile Liability Insurance with bodily injury limits of $250,000 per person, $500,000 per accident, and $50,000 per accident for Property Damage. Certificates of insurance for all of the foregoing insurance coverages shall be delivered to Landlord before construction of the improvements is started and before Tenant’s contractor’s equipment is placed upon the Second Additional Premises. In all other respects, the insurance coverage above mentioned shall comply with the Lease provisions.
f. It is agreed that Tenant assumes the entire responsibility and liability due to its negligence, including statutory or common law, for any and all injuries or death of any or all persons, including its contractor, subcontractors and employees, and for any and all damages to property caused by or resulting from or arising out of any act or omission on the part of Tenant, its contractor, subcontractors or employees, in the prosecution of the work thereunder. With respect to such work Tenant agrees to indemnify and save harmless Landlord, its mortgagee, architect, engineers and their employees and all other tenants of the Property from and against all losses and expense, including legal fees, which they may suffer or pay as the result of claims or lawsuits due to, because of or arising out of any and all such injuries, death or damage, whether real or alleged, and Tenant, its contractor and subcontractors shall assume and defend at their own expense all such claims or lawsuits, unless caused by the gross negligence or willful misconduct of Landlord. Tenant agrees to insure this assumed liability in its Comprehensive General Liability Policy and the original or copy of the policy delivered to Landlord shall indicate this contractual coverage.
g. For and during the period of construction, Tenant shall provide and pay for all utilities consumed upon the Second Additional Premises during said period and for the removal of all temporary connections.
h. Tenant shall endeavor to cause the contractor to substantially complete construction of the Improvements in a conditional diligent manner. It shall be the sole responsibility of Tenant to file all drawings and specifications, pay all fees and obtain all permits and applications from any governmental authorities having jurisdiction, and to obtain any certificates or unconditional approvals, including a certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy to enable Tenant to occupy the Second Additional Premises. Upon completion of the Premises for the purposes contemplated Improvements, Tenant’s contractors and/or subcontractors shall provide Landlord, without cost to Landlord, with one (1) set of transparent “as built” drawings. No delay in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its completion of construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder Improvements shall be postponed, notwithstanding any other provision of this Lease to delay the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct Effective Date beyond the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsdate specified herein.
Appears in 1 contract
Tenant Improvements. A. At any time during the lease termTenant shall be responsible, Tenant may equip the Building with fixtures at its sole cost and personal property necessary or appropriate, as determined in Tenant's reasonable discretionexpense, for the operation performance of all work, if any, necessary to prepare the Premises for Tenant's occupancy, which work is currently anticipated to consist solely of ordinary office tenant fit-out work (the "Tenant Improvements"). If Tenant's preparation of the Building space for its usage necessitates a higher electrical capacity than is customary for office use, the provision of such additional capacity shall be undertaken by Tenant at Tenant's sole cost. Tenant agrees that the construction of Tenant Improvements and the Tenant's use of the Premises may not overburden the capacity of the Building's existing plumbing, mechanical, electrical, elevator or sewage systems unless Tenant agrees to be responsible for the uses allowed under this Lease, all to be selected by cost of such expenditures. Tenant shall complete the Tenant Improvements substantially in its reasonable discretion and all as specified in the accordance with plans and specifications prepared by it, submitted to Landlord and Landlord's current tenant, Health Plan Services, Inc., and is approved by Landlord and the aforesaid current tenant (such approval not to be delivered to Landlord from time to time ("Tenant's Work"unreasonably withheld or delayed). Tenant's Work Tenant shall be performed complete the Tenant Improvements in a good and workmanlike manner and in compliance accordance with all applicable laws.
B. Upon completion laws and with all applicable requirements of Tenant's Workthis Lease relating to alterations; and such work shall only be performed by contractors and subcontractors who have been approved in writing by Landlord, such approval not to be unreasonably withheld. It shall be solely the responsibility of Tenant shall apply for, diligently pursue, obtain to cause the Premises to comply with the Americans with Disabilities Act ("ADA") and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits state or approvals local laws, ordinances or regulations relating thereto, except as may be required by applicable laws for occupancy of the Premises for the purposes contemplated otherwise expressly provided in Exhibit F or elsewhere in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain Any such certificates, permits alterations or approvals, modifications to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure Premises shall be performed by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole cost and expense, except as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be set forth in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsSection 15.4 hereof.
Appears in 1 contract
Sources: Lease (Genzyme Corp)
Tenant Improvements. A. At Tenant may make Improvements or demolish existing structures on the Leased Premises, at Tenant’s sole cost and expense, with the prior approval of Landlord, which approval will not be reasonably withheld. In connection with any time during such Improvement or demolition authorized by the lease termLandlord, Tenant may equip will be permitted to grade, level, and fill the Building with fixtures land, remove trees and personal property necessary or appropriateshrubs, as determined in Tenant's reasonable discretioninstall roadways and walkways, for the operation and install utilities, provided all of the foregoing serve the Improvements made on the Leased Premises and comply with applicable general law and local rules and ordinances. Landlord will have no liability for any costs or expenses in connection with the Improvements or demolitions on the Leased Land. Notwithstanding the foregoing rights of Tenant, Tenant will be required to obtain all necessary permits and meet all applicable requirements of the City of Belle Isle Land Development, Zoning and Building for Codes. For purposes of this Section, “Improvements” means the uses allowed under this Leaseconstruction or demolition of and the alteration or addition to structures, all to be selected by buildings, fencing, parking areas, student sports/play fields, and other grounds improvements within the area of the Leased Premises. Landlord will reasonably cooperate with Tenant in its reasonable discretion applying for and all as specified in the plans obtaining a Planned Development and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance zoning changes or variances, consistent with all applicable laws.
B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals C-2 zoning requirements as may be required by applicable laws necessary for occupancy the construction of buildings or other improvements in the Concept Plan attached hereto as Exhibit E, including extensions of the Premises for plan made to include the purposes contemplated in entire Leased Premises; however, under no circumstances may this Lease. Tenant shall take provision be interpreted as requiring the City to approve any corrective actionrequested Planned Development, as required by inspection reports by zoning change, or variance, where such may be denied or otherwise modified within the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance lawful discretion of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsCity.
Appears in 1 contract
Sources: Lease Agreement
Tenant Improvements. A. At any time during the lease term(a) Tenant is currently preparing, Tenant may equip the Building with fixtures at its sole cost and personal property necessary or appropriateexpense, as determined in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications for the improvements Tenant desires to make to the Expansion Premises (the "Plans"). The Plans shall be delivered submitted to Landlord for its approval, which approval shall not be unreasonably withheld and shall be granted or rejected within ten (10) days after Landlord's receipt of-the Plans. The Plans shall be stamped by a Massachusetts registered architect, and shall comply with all applicable laws, ordinances and regulations (including, without limitation, the applicable requirements of the Americans with Disabilities Act of 1990, as amended from time to time time, and the regulations promulgated thereunder) and the requirements of the Lease regarding Alterations and shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for construction. Landlord's approval of any of the Plans shall not impose upon Landlord any responsibility or liability whatsoever to Tenant. Promptly after approval of the Plans, Tenant shall commence and exercise all reasonable efforts to complete the work specified therein ("Tenant's Work"). All of Tenant's Work shall be completed in accordance with the approved Plans and the requirements for Alterations set forth in the Lease. Copies of all permits and approvals required for Tenant's Work shall be furnished to Landlord promptly upon receipt thereof Tenant's Work shall be performed in by a good general contractor first approved by Landlord, which approval shall not be unreasonably withheld or delayed, under a written construction contract. The approval by Landlord of Tenant's general contractor shall not impose upon Landlord any responsibility or liability whatsoever to Tenant as a result of, or arising out of, the defaults or other acts or omissions of the general contractor. A copy of all required bonds and workmanlike manner certificates of insurance required by the Lease shall be furnished to Landlord prior to commencement of construction and in compliance with all applicable laws.
B. Upon installation of Tenant's Work. Within forty-five (45) days after completion of any Tenant's Work, Tenant shall apply forprovide to Landlord "as-built" plans of the Tenant's Work. Tenant shall provide Landlord with copies of the certificate of occupancy for any Tenant's Work that requires a certificate of occupancy reasonably promptly after completion of such Tenant's Work.
(b) Landlord shall reimburse Tenant for the hard and soft costs incurred by Tenant with respect to the design of the Plans and the performance of Tenant's Work (the "Cost of Tenant's Work") up to $487,932.50 ("Landlord's Contribution"). If the Cost of Tenant's Work exceeds Landlord's Contribution, diligently pursueTenant shall be entirely responsible for any excess. Landlord's Contribution shall be payable by Landlord to Tenant (or, obtain at Landlord's election, directly to Tenant's contractor) upon written requisition to Landlord in monthly installments, as provided below, according to reasonable construction disbursement procedures and as Tenant's Work progresses. In any case, prior to payment of any such installment Tenant shall deliver to Landlord a conditional written request, which request shall be given no more frequently than once every thirty (30) days, for such disbursement, which shall be accompanied by: (i) invoices for Tenant's Work covered by such request for disbursement; (ii) copies of partial lien waivers or unconditional final lien waivers for such disbursement (in the case of a final installment); and (iii) a certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports signed by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, Tenant's architect certifying that Tenant's Work represented by the aforementioned invoices has been completed substantially in accordance with the Plans. Landlord shall pay each required installment within thirty (30) days of receiving the materials enumerated in the previous sentence. Each installment by Landlord will be in the amount of Landlord's pro-rata share based on the ratio of Landlord's Contribution to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part total Cost of Tenant's Work, erect interior and exterior signsless the retainage, if any, in the contract with respect to such Work, but in no event shall Landlord be required to pay more than Landlord's Contribution. Tenant Any retainage amounts held by Landlord shall be entitled to construct paid upon completion of Tenant's Work and Tenant's satisfaction of the maximum signage permitted under local sign ordinances and other applicable governmental regulationsfinal installment conditions set forth in this Section 6. All sign construction If the Cost of Tenant's Work shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant less than Landlord's Contribution, the difference shall obtain, and be applied against the next ensuing installment of all Rent due to Landlord shall cooperate with from Tenant's applications therefor, any and all permits as are required under such governmental regulations.
Appears in 1 contract
Sources: Lease (TechTarget Inc)
Tenant Improvements. A. At any time during (A) Subject to paragraph 3(B) below, Landlord agrees to construct the lease termNew Expansion Space, Tenant may equip on a turn-key basis (i.e., solely at Landlord’s cost and expense, except for the Building with fixtures cost of electrical distribution from the electrical panel to be installed by Landlord, and personal property necessary or appropriateexcept for the costs of the Additional Work, as determined that term is defined below), and using Building-Standard materials, in accordance with the Space Plan (the “Landlord’s Work”), which such Landlord’s Work shall include electrical requirements to the panel of the New Expansion Space, with the Tenant being solely responsible, at Tenant's reasonable discretion’s cost and expense, for all electrical requirements from the operation panel to Tenant’s equipment. The construction of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Landlord’s Work shall be performed in a good and workmanlike manner in accordance with the Space Plan and in compliance with all applicable laws.
B. Upon completion , In the event Tenant requests, and Landlord approves of, any changes or modifications that require work over and above the scope of the approved Space Plan, (the “Additional Work”), the costs thereof shall be Tenant's Work’s sole responsibility. Landlord agrees not to unreasonably withhold, delay or condition its approval of any such changes or modifications. Tenant shall pay any such costs, together with a fee equal to eight percent (8%) of the same, within thirty (30) days after Tenant’s receipt of invoices therefor from Landlord, If payment is not received by Landlord within such time, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate pay interest thereon at the rate set forth in the Original Lease. The Effective Date shall be the date of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy “Substantial Completion” of the Premises New Expansion Space. “Substantial Completion” shall mean the date that: (i) Landlord has completed all of the Landlord’s Work detailed in the Space Plan, excepting only minor punch list items; and (ii) a Certificate of Occupancy or its equivalent is issued for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports New Expansion Space by the applicable governmental authority. Notwithstanding the foregoing, reasonably necessary however, Landlord represents to obtain Tenant that, subject to any Force Majeure Event or Tenant Delay, as such certificatesterms are defined below, permits or approvalsSubstantial Completion of Landlord’s Work (excluding, however, any Additional Work, and excluding the electrical distribution work that is Tenant’s responsibility) shall occur no later than six (6) months following the date Landlord commences construction of the New Expansion Space (the “Completion Deadline”) as provided for below. Subject to the extent foregoing conditions, in the failure event such Substantial Completion does not occur by the Completion Deadline, although the validity of this Amendment shall not be affected, Tenant shall, in such case, be entitled to obtain liquidated damages in the amount of $1,000.00 per day for each day beyond the Completion Deadline until such certificatesSubstantial Completion occurs. Landlord shall use commercially reasonable efforts to complete any Additional Work by the Completion Deadline, permits but if Landlord achieves such Substantial Completion by the Completion Deadline, but fails to complete the Additional Work by the Completion Deadline, then Tenant shall not be entitled to liquidated damages described above. Prior to the New Expansion Space being delivered to Tenant, a representative of Landlord and a representative of Tenant shall walk through the New Expansion Space and jointly prepare a list of minor items, which, in their reasonable opinions have not been fully completed or approvals is attributable which require repair (the “Punch List Items”). Landlord shall cause its contractor to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits commence the completion or approvals due to any existing noncompliance repair of the Building or its appurtenances with any present lawsPunch List Items as quickly as possible after the date of the “walk-through”, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 but in all events within thirty (30) days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtaindate, and Landlord shall cooperate with Tenant's applications therefor, any and all permits to complete such work as are required under such governmental regulationsquickly as possible.
Appears in 1 contract
Sources: Lease (Gc Net Lease Reit, Inc.)
Tenant Improvements. A. At Any alterations, additions, or improvements made by or on behalf of Tenant to the Premises (“Tenant Improvements”) shall be subject to Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. All Tenant Improvements shall comply with insurance requirements and with applicable law, ordinances, and regulations, including, without limitation and to the extent applicable, laws and regulations regarding removal or alteration of structural or architectural barriers to handicapped or disabled persons (and Tenant shall construct at its expense any time during the lease term, Tenant may equip the Building with fixtures and personal property necessary alteration required by such laws or appropriateregulations, as determined in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all to they may be selected by Tenant in its reasonable discretion and all as specified in the amended). All plans and specifications for any Tenant Improvements shall be submitted to Landlord for its approval, such approval shall not be unreasonably withheld, conditioned or delayed, and Landlord may thereafter monitor construction. Landlord may post on and about the Premises notices and give notices that Landlord shall not be liable on account of any damage or claim in connection with such construction, and Tenant shall provide Landlord with the identities and mailing addresses of all persons performing work or supplying materials, prior to beginning such construction. Landlord’s right to review plans and specifications and monitor construction shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or construction comply with applicable laws, codes, rules, or regulations. At Landlord’s request, Tenant shall obtain payment and performance bonds for any Tenant Improvements which bonds shall be delivered to Landlord from time prior to time ("Tenant's Work"). Tenant's Work commencement of work on the Tenant Improvements and shall be performed in a good form and workmanlike manner and in compliance with all applicable laws.
B. substance satisfactory to Landlord. Upon completion of Tenant's Workany Tenant Improvements, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate sworn statements setting forth the names of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of all contractors and subcontractors who did work on the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain Improvements and final lien waivers from all such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior contractors and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationssubcontractors.
Appears in 1 contract
Tenant Improvements. A. At any time during Tenant hereby accepts the lease term, Tenant may equip the Building with fixtures and personal property necessary or appropriate, Premises as determined in suitable for ------------------- Tenant's reasonable discretionintended use and as being in good operating order, for the operation of the Building for the uses allowed under this Leasecondition and repair, all to be selected by Tenant in its reasonable discretion and all "AS IS", except as specified in Exhibit B attached hereto. Landlord or --------- Tenant, as the plans case may be, shall install and specifications construct the Tenant Improvements (as such term is defined in Exhibit B hereto) in accordance with the terms, --------- conditions, criteria and provisions set forth in Exhibit B. Landlord and Tenant --------- hereby agree to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work and shall be performed in a good bound by the terms, conditions and workmanlike manner provisions of Exhibit B. Tenant acknowledges and in compliance with all applicable laws.
B. Upon completion agrees that neither Landlord nor any of Tenant--------- Landlord's Workagents, Tenant shall apply forrepresentatives or employees has made any representations as to the suitability, diligently pursue, obtain and deliver to Landlord a conditional fitness or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy condition of the Premises for the purposes contemplated conduct of Tenant's business or for any other purpose, including without limitation, any storage incidental thereto. Any exception to the foregoing provisions must be made by express written agreement by both parties. Notwithstanding anything to the contrary contained in this Lease. Tenant shall take any corrective action, as required by inspection reports by on the applicable governmental authorityCommencement Date the roof and the heating, reasonably necessary to obtain such certificatesventilating and air conditioning ("HVAC") system, permits or approvalsand the electrical, to plumbing, sewer, life safety and, if applicable, security systems (collectively, "Building Systems") serving the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction Premises shall be in accordance with such local sign ordinances good working order and applicable governmental regulationrepair. If, during the first thirty (30) days of the Term, the roof or any Building System is not in the condition required by the foregoing sentence, Tenant shall obtainnotify Landlord of the need for repair, and Landlord the repair shall cooperate with be completed at no cost to Tenant's applications therefor, any and all permits as are required under such governmental regulations.
Appears in 1 contract
Tenant Improvements. A. At any time during the lease term, a. Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws.
B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole own expense and with prior written consent of the Landlord, make improvements or additions to the leased premises. It is expressly understood by the parties that if Tenant plans to make any structural changes, improvements, or additions to the leased premises including, but not limited to, removal of any wall, whether load-bearing or otherwise, any alteration to the existing structure, or installation of satellite dishes or any similar technological device, Tenant agrees to comply with all applicable federal, state, and local laws, rules, regulations, codes and ordinances and approval from the Landlord must be obtained prior to the initiation of the change, improvement or addition.
b. If any costs or expenses are incurred by the Landlord in determining the effect and feasibility of changes, improvements, or additions on the structural integrity of the premises, the Tenant shall be responsible for reimbursing the Landlord for those costs and expenses.
c. If any materials are removed from the leased premises, the Landlord shall have the first right of refusal to those materials at no cost to the Landlord. Tenant may at any time, at its own expense, as part install items of equipment, furniture and other personal property in or upon the leased premises. All such items shall remain the sole property of the Tenant's Work, erect interior in which Landlord shall have no interest. Such improvements, equipment and exterior signsfurnishings may be modified or removed by Tenant at any time. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances repair and other applicable governmental regulations. All sign construction shall be in accordance with restore within 90 days of installation, modification or removal of any such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications thereforitems, any and all permits damage to the leased premises. Nothing in this Lease shall prevent Tenant from purchasing items to be installed pursuant to a conditional sale or lease-purchase contract, or subject to a vendor’s lien or security agreement, as are required under security for the unpaid portion of the purchase price, provided that no such governmental regulationslien or security interest shall attach to any part of the leased premises or any property of the Landlord.
d. Tenant shall have the right to install recreational equipment or other improvements on the common areas at its own expense, upon prior written approval of the Landlord. Tenant shall maintain recreational equipment in good condition and shall comply with all applicable standards for recreational equipment. At the Landlord’s request, Tenant shall remove any improvements or equipment at the end of the Lease, and repair any and all damage to the common areas resulting from the installation, modification or removal of improvements or equipment.
e. All equipment and improvements shall remain the personal property of the Tenant at all times. However, at the end of this Lease, if Tenant does not remove any of the improvements or equipment from the leased premises and common areas after 90 days from the termination of the Lease, the improvements or equipment shall become the property of the Landlord and may be disposed of or used at the discretion of the Landlord.
Appears in 1 contract
Sources: Lease Agreement
Tenant Improvements. A. At (i) Landlord shall deliver the Premises to Tenant in its then “as-is” condition, without (A) any time during the lease termobligation on Landlord’s part to construct or, Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, except for the operation Improvement Allowance (hereinafter defined), pay for any improvements or alterations therein; or (B) any representations or warranties regarding the condition thereof, except as expressly set forth herein. Tenant shall, at Tenant’s sole cost and expense, subject to the application of the Building for Improvement Allowance, construct in the uses allowed under Premises the Tenant Improvements (as defined in the Work Agreement) described in the Work Agreement attached hereto as Exhibit C (the “Work Agreement”), in substantial accordance with the terms and conditions of the Work Agreement. In the event that Landlord and Tenant have not finally agreed upon the scope and details of the Tenant Improvements as of the date of execution of this Lease, all Tenant’s submissions to be selected by Tenant in its reasonable discretion and all as specified in the Landlord of plans and specifications detailing such work shall be subject to Landlord’s written approval in accordance with the Work Agreement, such approval not to be delivered unreasonably withheld, conditioned or delayed, except to the extent that any Tenant Improvements proposed by Tenant involve changes to the base Building or any of the systems therein, in which event Landlord from time to time ("Tenant's Work")may withhold its consent in its sole discretion. Tenant's Work The Tenant Improvements shall be performed subject to Landlord’s prior written approval in a good and workmanlike manner and in compliance accordance with the terms of the Work Agreement, shall comply with all applicable lawsbuilding codes, laws and regulations (including, without limitation, the Americans with Disabilities Act), shall not require any material changes to or modifications of any of the mechanical, electrical, plumbing or other systems of the Building, and shall otherwise be constructed in strict accordance with the terms of the Work Agreement.
B. Upon completion (ii) The cost of all design, architectural and engineering work, construction costs, construction supervision, contractor’s overhead and profit, licenses and permits, and all other costs and expenses incurred in connection with the Tenant Improvements shall be at Tenant's Work’s sole cost and expense, Tenant shall apply for, diligently pursue, obtain and deliver subject to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy the application of the Premises for Improvement Allowance as more fully set forth in the purposes contemplated Work Agreement. Landlord shall disburse the Improvement Allowance as provided in this Leasethe Work Agreement. All costs incurred in respect of the Tenant Improvements in excess of the Improvement Allowance shall take any corrective action, as required be paid by inspection reports by Tenant. Any portion of the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure Improvement Allowance not expended by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance within twelve (12) months of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder Effective Date in undertaking the design and construction of the Tenant Improvements shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits
C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsretained by Landlord.
Appears in 1 contract