This office lease provision is detailing the conditions under which a landlord or tenant may have concurrent work done on the premises.
New York Provision Dealing with Concurrent Work By Landlord and Tenant in the Premises: A Comprehensive Overview In New York, the provision dealing with concurrent work by the landlord and tenant in the premises is an important aspect of commercial lease agreements. This provision outlines the rights, responsibilities, and procedures when both parties intend to carry out construction, renovation, or any other improvement work simultaneously within the leased premises. It helps ensure proper coordination, minimize disruption, and maintain safety during the execution of such work. The concurrent work provision in New York typically includes the following key elements to be addressed in lease agreements: 1. Notice and Coordination: The provision often requires both the landlord and tenant to provide written notice to each other, detailing their respective plans for work within the premises. This notice should be given within a specified period before commencing the construction or improvement activities. The provision also emphasizes the need for coordination between the parties to avoid conflicts and potential disruptions. 2. Permits and Approvals: It is essential to comply with all applicable laws, regulations, and obtain any necessary permits or approvals from relevant authorities. The provision usually mandates that the party responsible for obtaining permits complies with all legal requirements and also bears the associated costs. 3. Responsibility and Liability: The provision should clearly define the responsibilities of each party for their respective work. Generally, the tenant is responsible for its proposed improvements, while the landlord retains responsibility for repairs related to the structure or common areas. It is crucial to specify any exceptions or shared responsibilities, such as utility connections or access issues. 4. Insurance and Indemnification: To safeguard both parties during concurrent work, the provision might require the landlord and tenant to maintain adequate insurance coverage. This ensures protection against potential liabilities or damages arising from their respective activities. It is common for lease agreements to also include mutual indemnification clauses, where each party agrees to indemnify the other for any losses or claims resulting from their work. 5. Timing and Access: To avoid conflicts and disruption, the provision should address access to the premises during the work period. It may specify designated working hours, noise restrictions, and methods of communication between the parties. Clauses related to potential delays, changes in schedules, and backup plans in case of unforeseen circumstances may also be included. 6. Non-Interference and Compliance: The provision generally includes a clause that requires both parties to ensure their work does not interfere with the other party's activities. It is essential to comply with all applicable building codes, regulations, and safety standards during the construction or improvement process. Types of New York Provisions Dealing with Concurrent Work: While the specific terms may vary, several common types of provisions addressing concurrent work can be found in New York commercial leases: 1. Mutual Consent Provision: This type of provision requires both the landlord and tenant to obtain each other's consent before undertaking any concurrent work. It emphasizes the need for collaboration and ensures that both parties agree on the proposed plans. 2. Agreement on Responsibility Provision: This provision explicitly outlines the responsibilities and liabilities of each party concerning their respective work. It stipulates the duties of the landlord and tenant, reducing the risk of confusion or disputes. 3. Compliance and Coordination Provision: This type of provision focuses on ensuring compliance with laws, regulations, and building codes by both parties. It emphasizes coordination efforts between the landlord and tenant during the execution of concurrent work to prevent conflicts. 4. Notice and Timing Provision: This provision emphasizes the importance of providing timely notice and coordination between the landlord and tenant. It includes specific timeframes within which the parties must inform each other about their intended work plans, ensuring sufficient time for assessment and agreement. In conclusion, the New York provision dealing with concurrent work by the landlord and tenant in the premises is a critical component of commercial lease agreements. By addressing notice requirements, coordination, responsibilities, liability, insurance, access, compliance, and other related factors, this provision sets the foundation for a harmonious and efficient execution of concurrent work. Landlords and tenants should carefully consider the specific type of provision to include in their lease agreements based on their unique requirements and circumstances.
