Common use of Construction of the Tenant Improvements Clause in Contracts

Construction of the Tenant Improvements. Promptly following the Delivery Date, Tenant shall commence permitting and construction of the Tenant Improvements and diligently prosecute the same to completion in a good and workmanlike manner. The Tenant Improvements shall be constructed in accordance with the Plans and Specifications. Tenant shall complete the construction of the Tenant Improvements in accordance with all Governmental Requirements and Tenant shall promptly notify Landlord if it discovers aspects of the Plans and Specifications that, if constructed, would result in violation of any applicable Governmental Requirements. The Tenant Improvements shall be subject to, and in compliance with the Union Requirement (defined below), and pursuant to all other terms and conditions of the Lease. Landlord shall cooperate with Tenant (including, without limitation, signing applications for Building Department permits and path of travel drawings, if and to the extent available) in Tenant’s efforts to obtain any permits and certificates of occupancy necessary in connection with the construction of the Tenant Improvements; provided that, Tenant shall reimburse Landlord on demand for any reasonable out-of-pocket costs incurred by Landlord, including reasonable attorneys’ fees, in connection therewith. Tenant shall be permitted to use the freight elevators on a non-exclusive, first-come, first-served basis during Building Standard Hours at no charge to Tenant during the construction of the Tenant Improvements. The “Union Requirement” shall mean the obligation that the contractors and each subcontractor of every tier used by Tenant shall for the duration of its contract (a) be a party to or bound by a collective bargaining agreement applicable to the geographic area in which the Building is located, applicable to the trade or trades in which the work under the contract is to be performed, and entered into with one or more labor organizations affiliated with the Building and Construction Trades Department of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated locals, and (b) solely employ members of such labor organizations to perform work within their respective traditional jurisdictions.

Construction of the Tenant Improvements. Promptly Construction or installation of the Tenant Improvements shall be performed by a licensed general contractor or contractors selected by Tenant and approved by Landlord, such approval not to be unreasonably withheld or delayed (the “Tenant’s Contractor,” whether one or more), pursuant to a written construction contract negotiated and entered into by and between the Tenant’s Contractor and Tenant and approved by Landlord. Each such contract shall (i) obligate Tenant’s Contractor to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the Delivery Datework under such contract, Tenant (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall commence permitting control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Tenant Improvements and diligently prosecute the same to completion in a good and workmanlike manner. The Tenant Improvements Improvements; provided, however, Landlord shall be constructed permitted to withhold its consent to a contractor proposed to be utilized by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant shall immediately take such actions as may be required in accordance order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the Plans constructions rules and Specificationsregulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1). Tenant shall complete acknowledges and understands that all roof penetrations involved in the construction of the Tenant Improvements must be performed by the Landlord’s Building roofing contractor. All costs, fees and expenses incurred with such contractor in performing such work shall be a cost of the Tenant Improvements (which such cost may be payable out of the Landlord’s Construction Allowance), in accordance with all Governmental Requirements and the provisions of this Exhibit B. Tenant shall promptly notify Landlord if it discovers aspects of the Plans and Specifications that, if constructed, would result in violation of any applicable Governmental Requirements. The Tenant Improvements or Tenant’s Contractor shall be subject toresponsible for all water, and in compliance with gas, electricity, sewer or other utilities used or consumed at the Union Requirement (defined below), and pursuant to all other terms and conditions of the Lease. Landlord shall cooperate with Tenant (including, without limitation, signing applications for Building Department permits and path of travel drawings, if and to the extent available) in Tenant’s efforts to obtain any permits and certificates of occupancy necessary in connection with the construction of the Tenant Improvements; provided that, Tenant shall reimburse Landlord on demand for any reasonable out-of-pocket costs incurred by Landlord, including reasonable attorneys’ fees, in connection therewith. Tenant shall be permitted to use the freight elevators on a non-exclusive, first-come, first-served basis during Building Standard Hours at no charge to Tenant Premises during the construction of the Tenant Improvements. The “Union Requirement” shall mean Tenant specifically agrees to carry, or cause the obligation that Tenant’s Contractor to carry, during all such times as the contractors and each subcontractor of every tier used by Tenant shall for the duration of its contract Tenant’s work is being performed, (a) be builder’s risk completed value insurance on the Tenant Improvements, in an amount not less than the full replacement cost of the Tenant Improvements, (b) a party to or bound by a collective bargaining agreement applicable to policy of insurance covering commercial general liability, in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in the geographic area in which the Building is located, applicable to the trade or trades in which the work under the contract is to be performedaggregate), and entered into with one or more labor organizations affiliated with the Building automobile liability coverage (including owned, non-owned and Construction Trades Department of the AFL-CIO or with hired vehicles) in an independentamount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, nationally recognized labor organization or one of its affiliated localseach accident), and endorsed to show Landlord as an additional insured, and (bc) solely employ members workers’ compensation insurance as required by law, endorsed to show a waiver of such labor organizations subrogation by the insurer to perform any claim the Tenant’s Contractor may have against Landlord. Tenant shall not commence construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any work within their respective traditional jurisdictionsthereunder). All of the construction work shall be the responsibility of and supervised by Tenant.

Construction of the Tenant Improvements. Promptly following the Delivery Date, Tenant shall commence permitting and construction Construction or installation of the Tenant Improvements and diligently prosecute the same to completion in a good and workmanlike manner. The Tenant Improvements shall be constructed performed by a licensed general contractor or contractors selected by Tenant and approved by Landlord, such approval not to be unreasonably withheld or delayed (the “Tenant’s Contractor,” whether one or more), pursuant to a written construction contract negotiated and entered into by and between the Tenant’s Contractor and Tenant and approved by Landlord. Each such contract shall (i) obligate Tenant’s Contractor to comply with all rules and regulations of Landlord relating to construction activities in accordance the Building, (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to the Plans work performed thereunder and Specificationsthe obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Tenant shall complete acknowledges and understands that all roof penetrations involved in the construction of the Tenant Improvements must be performed by the Landlord’s Building roofing contractor. All costs, fees and expenses incurred with such contractor in accordance with all Governmental Requirements and Tenant shall promptly notify Landlord if it discovers aspects of the Plans and Specifications that, if constructed, would result in violation of any applicable Governmental Requirements. The Tenant Improvements performing such work shall be subject to, and in compliance with the Union Requirement (defined below), and pursuant to all other terms and conditions of the Lease. Landlord shall cooperate with Tenant (including, without limitation, signing applications for Building Department permits and path of travel drawings, if and to the extent available) in Tenant’s efforts to obtain any permits and certificates of occupancy necessary in connection with the construction a cost of the Tenant Improvements; provided that, payable in accordance with the provisions of this Exhibit B. Tenant shall reimburse Landlord on demand for any reasonable out-of-pocket costs incurred by Landlord, including reasonable attorneys’ fees, in connection therewith. Tenant or Tenant’s Contractor shall be permitted to use responsible for all water, gas, electricity, sewer or other utilities used or consumed at the freight elevators on a non-exclusive, first-come, first-served basis during Building Standard Hours at no charge to Tenant Premises during the construction of the Tenant Improvements. The “Union Requirement” shall mean Tenant specifically agrees to carry, or cause the obligation that Tenant’s Contractor to carry, during all such times as the contractors and each subcontractor of every tier used by Tenant shall for the duration of its contract Tenant’s work is being performed, (a) be builder’s risk completed value insurance on the Tenant Improvements, in an amount not less than the full replacement cost of the Tenant Improvements, (b) a party to or bound by a collective bargaining agreement applicable to policy of insurance covering commercial general liability, in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in the geographic area in which the Building is located, applicable to the trade or trades in which the work under the contract is to be performedaggregate), and entered into with one or more labor organizations affiliated with the Building automobile liability coverage (including owned, non-owned and Construction Trades Department of the AFL-CIO or with hired vehicles) in an independentamount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, nationally recognized labor organization or one of its affiliated localseach accident), and endorsed to show Landlord as an additional insured, and (bc) solely employ members workers’ compensation insurance as required by law, endorsed to show a waiver of such labor organizations subrogation by the insurer to perform any claim the Tenant’s Contractor may have against Landlord. Tenant shall not commence construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any work within their respective traditional jurisdictionsthereunder). All of the construction work shall be the responsibility of and supervised by Tenant.