Common use of Agreement to Provide Clause in Contracts

Agreement to Provide. On or before the date of commencement of -------------------- construction of any building, structure or other improvements on the Premises having an estimated cost of One Million and No/100 Dollars ($1,000,000.00) or greater, Developer shall file or cause to be filed with Landlord a performance bond and labor and material payment bond executed by Developer or Developer's contractor or subtenant, as principal, and by a surety authorized to do business in the State of California, as surety, conditioned upon the contractor's performance of its construction contract with Developer and payment to all claimants for labor and materials used or reasonably required for use in the performance of such contract, in a form and with a surety reasonably acceptable to Landlord. Forms of bond which generally are acceptable hereunder are attached hereto and marked Exhibit "I". Said bond shall name or be endorsed to name Landlord as a joint obligee with Developer and/or Developer and Developer's lender. Landlord agrees to either approve or disapprove of any such proposed bond submitted to Landlord for approval within ten (10) days of Landlord's receipt thereof. Any notice of disapproval shall specify the reasons for disapproval and the modifications required to secure Landlord's approval. Landlord's failure to expressly so disapprove of any such bond within said ten (10) day period shall constitute Landlord's approval of the form of such bond and of the surety issuing such bond. Developer provided the required bond relative to the existing improvements upon the Premises.

Appears in 1 contract

Samples: Lease Agreement (Kilroy Realty Corp)

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Agreement to Provide. On or before the date of -------------------- commencement of -------------------- construction of any building, structure or other improvements on the Premises having an estimated cost of One Million and No/100 No/l00 Dollars ($1,000,000.00) or greater, Developer shall file or cause to be filed with Landlord a performance performance-bond and labor and material payment bond executed by Developer or Developer's contractor or subtenant, as principal, and by a surety authorized to do business in the State of California, as surety, conditioned upon the contractor's performance of its construction contract with Developer and payment to all claimants for labor and materials used or reasonably required for use in the performance of such contract, in a form and with a surety reasonably acceptable to Landlord. Forms of bond which generally are acceptable hereunder are attached hereto and marked Exhibit "I". Said bond shall name or be endorsed to name Landlord as a joint obligee with Developer and/or Developer and Developer's lender. Landlord agrees to either approve or disapprove of any such proposed bond submitted to Landlord for approval within ten (10) days of Landlord's receipt thereof. Any notice of disapproval shall specify the reasons for disapproval and the modifications required to secure Landlord's approval. Landlord's failure to expressly so disapprove of any such bond within said ten (10) day period shall constitute Landlord's approval of the form of such bond and of the surety issuing such bond. Developer provided the required bond relative to the existing improvements upon the Premises.

Appears in 1 contract

Samples: Lease Agreement (Kilroy Realty Corp)

Agreement to Provide. On or before the date of -------------------- commencement of -------------------- construction of any building, structure or other improvements on the Premises having an estimated cost of One Million and No/100 No/lOO Dollars ($1,000,000.00) or greater, Developer shall file or cause to be filed with Landlord a performance bond and labor and material payment bond executed by Developer or Developer's contractor or subtenant, as principal, and by a surety authorized to do business in the State of California, as surety, conditioned upon the contractor's performance of its construction contract with Developer and payment to all claimants for labor and materials used or reasonably required for use in the performance of such contract, in a form and with a surety reasonably acceptable to Landlord. Forms of bond which generally are acceptable hereunder are attached hereto and marked Exhibit "ID". Said bond shall name or be endorsed to name Landlord as a joint obligee with Developer and/or Developer and Developer's lender. Landlord agrees to either approve or disapprove of any such proposed bond submitted to Landlord for approval within ten (10) days of Landlord's receipt thereof. Any notice of disapproval shall specify the reasons for disapproval and the modifications required to secure Landlord's approval. Landlord's failure to expressly so disapprove of any such bond within said ten (10) day period shall constitute Landlord's approval of the form of such bond and of the surety issuing such bond. Developer provided the required bond relative to the existing improvements upon the Premises.

Appears in 1 contract

Samples: Lease Agreement (Kilroy Realty Corp)

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Agreement to Provide. On or before the date of -------------------- commencement of -------------------- construction of any building, structure or other improvements on the Premises having an estimated cost of One Million and No/100 No/l00 Dollars ($1,000,000.00) or greater, Developer shall file or cause to be filed with Landlord a performance bond and labor and material payment bond executed by Developer or Developer's contractor or subtenant, as principal, and by a surety authorized to do business in the State of California, as surety, conditioned upon the contractor's performance of its construction contract with Developer and payment to all claimants for labor and materials used or reasonably required for use in the performance of such contract, in a form and with a surety reasonably acceptable to Landlord. Forms of bond which generally are acceptable hereunder are attached hereto and marked Exhibit "I". Said bond shall name or be endorsed to name Landlord as a joint obligee with Developer and/or Developer and Developer's lender. Landlord agrees to either approve or disapprove of any such proposed bond submitted to Landlord for approval within ten (10) days of Landlord's receipt thereof. Any notice of disapproval shall specify the reasons for disapproval and the modifications required to secure Landlord's approval. Landlord's failure to expressly so disapprove of any such bond within said ten (10) day period shall constitute Landlord's approval of the form of such bond and of the surety issuing such bond. Developer provided the required bond relative to the existing improvements upon the Premises.

Appears in 1 contract

Samples: Lease Agreement (Kilroy Realty Corp)

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