Resolution 2023-10 - Laserfiche WebLink

Home Browse Search

otherwise modify any or all of Tenant's Equipment and the frequencies over which Tenant's Equipment operates; provided that, the Premises shall not be expanded beyond what has been approved by Landlord under this Agreement, and Tenant's use of the Premises shall remain compliant with the Governmental Approvals ("Tenant's Permitted Use"). Landlord acknowledges and agrees that if radio frequency signage and/or barricades are required by Applicable Law, Tenant shall have the right to install the same on the Property, subject to applicable Governmental Approvals. Prior to commencement of the (initial) Installation, Tenant shall submit copies of the site plan and specifications to Landlord for prior approval, which approval will not be unreasonably withheld, conditioned, or delayed. Landlord shall give such approval or provide Tenant with its requests for changes within ten (10) business days of Landlord's receipt of Tenant's plans. If Landlord does not provide such approval or request for changes within such ten (10) business day period, such plans shall be deemed approved. 3.2 Access. Commencing on the Commencement Date and continuing throughout the Term, Tenant, its employees, agents and contractors shall have access to the Premises during regular business hours of the Louisville Recreation & Senior Center, upon twenty-four (24) hours prior notice (email or telephone is acceptable) to Landlord. Tenant, its employees, agents and contractors may be required to show identification prior to access to the Premises through the Structure. Tenant shall at its expense restore the surface of any areas disturbed in connection with any access to the Property to the condition that existed prior to such access. 3.3 Modifications to Tenant's Equipment. After Tenant's initial Installation, Tenant may make Permitted Modifications, including those which allow Tenant to: (i) modify or add additional technologies; and (ii) modify or add equipment within the Premises; in either case, without incurring any increase in the then -current Rent, or other modification of the terms and conditions set forth in this Agreement. For any modification or addition that is not a Permitted Modification, Tenant shall seek Landlord's approval of Tenant's installation plans and specifications at least twenty (20) days prior to commencing any such addition or modification. Landlord shall give such approval or provide Tenant with its requests for changes within ten (10) business days of Landlord's receipt of Tenant's plans. If Landlord does not provide such approval or request for changes within such ten (10) business day period, Landlord shall be deemed to have approved the plans. Additionally, Tenant shall notify Landlord in writing of any additional equipment or technologies installed or modified pursuant to a sublease or collocation agreement under which Tenant will receive a fee or other compensation at least ten (10) days prior to such installation or modification. Landlord reserves the right to receive additional consideration in exchange for giving its approval of any alterations or modifications which materially increase the size of Tenant's Equipment or increase the area of the Premises occupied by Tenant's Equipment as shown on Exhibit B. Within thirty (30) days of completion of the alterations or modifications, Tenant shall provide Landlord with as -built drawings of all Tenant's Equipment installed on the Premises and a list of all installed Tenant's Equipment. 4. Utilities, Liens and Taxes. 4.1 Utilities. Tenant shall install separate meters for utilities used on the Property by Tenant. Tenant shall pay for the electricity and other utilities it consumes in its operations directly to the servicing utility companies at the rates charged by such utility companies during the Term, including any penalties and interest for late payments. 4.2 Liens. Tenant will use best efforts to prevent any lien from attaching to the Structure or any part thereof. If any lien is filed purporting to be for labor or material furnished or to be furnished at the request of Tenant, then Tenant shall do all acts necessary to discharge such lien by payment or satisfaction as soon as possible, but in no event longer than within sixty (60) days of receipt of Notice of the same from Landlord; provided, that Tenant may contest any such lien if Tenant provides Landlord with cash or a letter of credit in a form furnished or approved by Landlord in the amount of said lien as security for its payment within such sixty (60) day period, and thereafter diligently contests such lien. If Tenant fails to pay any lien claim after entry of final judgment in favor of the claimant, then Landlord shall have the right to discharge the lien and charge all actual, Site Number: DNDEN00260D Market: Denver 0 Confidential & Proprietary Option Version: 1.0 c6c