CONSTRUCTION OF THE PREMISES. Landlord, through its independent designated contractor, shall, at Landlord’s expense, install the initial improvements specified in the Approved Space Plan and schedule of improvements/notes attached hereto as Schedules I and II, respectively (collectively, with any subsequent modifications or additions, “Landlord’s Work”). If Tenant fails to utilize the entire allowance of any item specified in said Schedules, then Tenant shall not be entitled to any credit therefor. Landlord shall not be obligated to provide any improvements (including any supplemental HVAC equipment or any furniture or equipment), and the Premises shall be delivered containing no property of any kind, other than Landlord’s Work. Landlord shall pay for the costs of Landlord’s Work (which shall include a fee for Landlord’s construction management in the amount of three percent (3%) of the total cost of Landlord’s Work), to the extent such costs do not exceed the Improvements Allowance (as defined in Section 1.10 of the Lease). Tenant shall pay, not later than thirty (30) days after the Lease Commencement Date and Tenant’s receipt of a xxxx, for the cost of any portion of Landlord’s Work that exceeds the Improvements Allowance; provided that Landlord shall pay directly (and not from the Improvements Allowance) for the costs of one (1) initial test fit plan and one (1) revision. If the entire Improvements Allowance is not reserved or applied for Landlord’s Work, then Tenant shall not be entitled to any credit therefor; provided that, so long as no Event of Default by Tenant then exists, Tenant shall receive a credit of such unused portion of the Improvements Allowance, not to exceed fifteen percent (15%) of the Improvements Allowance (the “Unused Allowance”), as follows: Landlord shall, at Tenant’s request, which request shall be made within sixty (60) days following substantial completion of Landlord’s Work, and provided Tenant submits invoices therefor and has commenced beneficial use of the Premises, reimburse Tenant (up to the Unused Allowance) for certain “soft” costs related to the architectural and engineering design fees, installation of Cabling and Tenant’s reasonable, out-of-pocket moving expenses incurred by Tenant in moving into the Premises. Except as otherwise provided in Schedule II, all work and materials to be performed or provided by Landlord pursuant to this Exhibit shall be Building Standard items consistent in type and quality with the most recent buildout of the Premi...
CONSTRUCTION OF THE PREMISES. Landlord and Tenant agree that their respective rights and obligations in reference to the construction of the Premises shall be as follows:
CONSTRUCTION OF THE PREMISES. The Landlord and the Tenant agree that their respective rights and obligations in reference to the construction of the Premises shall be as provided herein. Floor 11 either is complete or will be subject to a minor amount of work. None of such work will have an impact on the Commencement Date for Floor 11, which shall be the date provided in Section 1.08. The Allowance, as defined below, shall be determined based on the square footage of both Floor 11 and Floor 12, though Landlord and Tenant acknowledge and agree that Tenant need not spend it equally on the cost of work on Floor 11 and Floor 12, but may spend proportionally more on Floor 12. In addition, the Landlord's Work will be completed in phases and Tenant shall be entitled to apply those portions of the Allowance not spent in early phases to the cost of the work in later phases.
CONSTRUCTION OF THE PREMISES. 9.1 Landlord shall construct Tenant's Leasehold Improvements, as defined in Exhibit B. in accordance with plans and specifications prepared by Landlord's Architect. The respective obligations, covenants and agreements of Landlord and Tenant to construct the Premises including the division of responsibilities and procedures for design and construction and for payment of costs and expenses are more specifically set forth in Exhibit B.
CONSTRUCTION OF THE PREMISES. Landlord shall construct the Tenant Improvements in accordance with Exhibit D attached hereto. Except for the Tenant Improvements, Tenant accepts the Premises in their “as is” condition on the date that this Lease is executed. Prior to the Commencement Date, any work performed by Tenant or any fixtures or personal property moved onto the Premises shall be at Tenant’s own risk, Tenant’s entry onto the Premises shall be subject to all provisions of this Lease (other than the payment of Minimum Monthly Rent and additional rent) and neither Landlord nor Landlord’s agents or contractors shall be responsible to Tenant for damage or destruction of Tenant’s property.
CONSTRUCTION OF THE PREMISES. Landlord shall construct the Premises in accordance with the terms of the Work Letter attached hereto as Exhibit E.
CONSTRUCTION OF THE PREMISES. Tenant shall cause Contractor to construct the Tenant Improvements within the Premises under a guaranteed maximum price construction contract with the Tenant, reasonably acceptable to Landlord and to cause such construction to proceed reasonably and diligently. Landlord shall not impose any charge of any kind for profit, use of parking or elevator, overhead, and supervision or construction management fee in connection with the construction of the Tenant Improvements. Tenant shall not be responsible for paying any costs of trash removal and utilities including, without limitation, HVAC, electrical power, water, and sewer during construction of the Tenant Improvements. Tenant shall have the right to use portable bathrooms at its discretion. Tenant, at no charge to Tenant, shall have (i) the right use existing Building’s risers and/or install additional risers for Tenant’s cabling, and (ii) unrestricted access to all areas within the Premises and Building, including the Building’s MPO (main point of entry), to install the required infrastructure to service Tenant’s IT and telecommunications requirements.
CONSTRUCTION OF THE PREMISES. 3 ARTICLE 11. ALTERATIONS .................................................. 3 ARTICLE 12. PERSONAL PROPERTY/SURRENDER OF PREMISES........................ 3 ARTICLE 13. LIENS.......................................................... 3 ARTICLE 14. USE OF PREMISES/RULES AND REGULATIONS.......................... 3 ARTICLE 15.
CONSTRUCTION OF THE PREMISES. The parties acknowledge and agree that:
CONSTRUCTION OF THE PREMISES. A. Landlord, at Landlord's sole cost and expense, shall construct the "Base Building", and the Common Areas, in accordance with the plans and specifications prepared by Landlord's architect described on Exhibit G (the Base Building Plans and Specifications), and in compliance with all legal requirements and all matters of record affecting the Property. All materials and equipment to be incorporated into the Base Building and Common Areas shall be new and of good quality and in good operating condition, and construction shall be free from faults and defects. Construction not conforming to these requirements shall be corrected. Tenant shall be entitled to obtain changes to the Base Building Plans and Specifications by reason of Tenant's request for either additional or substituted items within the Base Building, (the "Base Building Upgrades"). All costs (including without limitation all design, engineering and construction costs) which Landlord shall incur to design, implement or furnish the Base Building Upgrades shall be at the sole cost and expense of Tenant. Tenant shall be entitled to direct that Landlord apply either or both the improvement Allowance or improvement Loan to the payment of Base Building Upgrades. Attached hereto as Exhibit M is the Workletter dealing with the performance of the Base Building, Base Building Upgrades and the Initial Leasehold Improvements.
