Common use of Base Building Improvements Clause in Contracts

Base Building Improvements. Lessor has constructed and Lessee hereby accepts as constructed the Base Building Improvements consisting of a parking facility and building shell and core (collectively the “Base Building Improvements”). The building shell and core includes the following: (a) bare, trowel finished, concrete slab floors; (b) finished core area, including elevators and common area elevator lobbies, toilet rooms, electrical rooms, telephone rooms, janitorial closets, exit stairs and mechanical shafts; (c) primary heating, ventilation and air conditioning service stubbed out to the floor, including main supply air duct, base building digital control system (where applicable) for the HVAC and heating hot water supply mains (Lessee’s HVAC improvements to the Premises shall properly and without special requirements, interface and integrate with the Base Building HVAC and its Direct Digital Control System. Such interface and integration, as well as the design of the HVAC system for the Premises, including the distribution thereof shall be consistent and compatible with Lessor’s operating requirements and use only a proportionate share of the Building system’s capacity); (d) primary fire sprinkler system in open floor plan configuration (any modification to such sprinkler system for the Lessee shall be a part of the Lessee Improvements); (e) main electrical panels on each floor including breakers but no distribution; and (f) primary distribution for the fire safety system required by applicable code for unoccupied buildings (including the primary fire sprinkler system and alarms). Additionally, Lessor shall also furnish Lessee with the following items (Lessor shall warrant that the air conditioning systems furnished pursuant to item (i) and the safety alarm and communication system furnished pursuant to item (ii) shall be delivered to Lessee in good working order and condition, and in compliance with applicable governmental regulations, laws and codes in effect as of the date of such delivery): i. Landlord shall furnish and operate an air conditioning ventilation system meeting requirements based upon occupant density of no more than one person per 150 sf of usable premises. The maximum lighting load of 1.5 w▇▇▇▇ per sf of usable area within the Premises, and a maximum demand load of 2 w▇▇▇▇ per sf of usable area within the Premises for Tenant’s power requirements. Inside space conditions of no greater than 74 plus or minus 2 degrees Fahrenheit during the cooling mode and no less than 70 degrees plus or minus 2 degrees Fahrenheit during the heating mode. Landlord shall balance the existing system and adjust the existing system/replace equipment as required to maintain the above Temperature Standard in Tenant’s Premises. Tenant shall provide supplemental HVAC to alleviate any excess heat load caused by over-standard uses (if any) to be defined in the Lease. ii. Base Building Fire Protection and Fire/Life safety alarm and communication system shall be installed by Lessor according to building code at the commencement of the lease. iii. Landlord shall provide for the tenants use “Path of Travel” drawings for permitting purposes. i. Landlord shall provide “ADA toilet room” drawings for permitting purposes. Modification and connection to the fire safety system for the Premises, as occupied, shall be a part of the Lessee Improvements. Any and all modifications to the Base Building Improvements mandated or otherwise required by application and/or interpretation of any federal, state, local or other applicable governmental statutes, ordinances, codes, rules, regulations, controls or guidelines (collectively “Applicable Laws”) as a result of Lessee’s use of the Premises for other than Permitted Use and/or the construction by Lessee of the Lessee Improvements which are not typical office type improvements shall be a part of the Lessee Improvements. Lessee shall furnish and install within the Premises those improvements and items of general construction (the “Lessee Improvements”) shown on the plans and specifications diligently prepared by Lessee and approved by Lessor and Lessee pursuant to Section 2 below, in compliance with all applicable codes and regulations. No portion or element of the Lessee Improvements in the sole judgment of Lessor, shall in any way be in conflict with or adversely impact the Building or any of its systems. All Lessee Improvements shall be constructed pursuant to this Work Letter. Lessor warrants that the Building, the parking facilities and all exterior improvements, walkways, doors, doorways, lobbies, elevators, toilet rooms (including base building restrooms) and all common and public facilities are in compliance with all governmental regulations, ordinances and laws, including without limitation, laws pertaining to hazardous materials and the Americans With Disabilities Act existing at the date Lessor received a temporary certificate of occupancy for the Building, disregarding variances and grandfathered/grandmothered rights, and any state or local law of similar purpose, and shall indemnify Lessee against any claim, cost or expense arising out of such warranty not being true, including the cost of any remedial work undertaken by Lessee.

Appears in 1 contract

Sources: Lease Agreement (Peerless Systems Corp)

Base Building Improvements. Lessor has constructed and Lessee hereby accepts as constructed the Base Building Improvements consisting of a parking facility and building shell and core (collectively the "Base Building Improvements"). The building shell and core includes the following: (a) bare, trowel finished, concrete slab floors; (b) finished core area, including elevators and common area elevator lobbies, toilet rooms, electrical rooms, telephone rooms, janitorial closets, exit stairs and mechanical shafts; (c) primary heating, ventilation ventilating and air conditioning service stubbed out to the floor, including main supply air duct, base building digital control system (where applicable) for the HVAC duct and heating hot water supply mains (Lessee’s HVAC improvements to the Premises shall properly and without special requirementsmains, interface and integrate with the Base Building HVAC and its Direct Digital Control System. Such interface and integration, as well as the design of the HVAC system for the Premises, including the distribution thereof shall be consistent and compatible with Lessor’s operating requirements and use only a proportionate share of the Building system’s capacity); (d) primary fire sprinkler system in open floor plan configuration (any modification to such sprinkler system for the Lessee shall be a part of the Lessee Improvements); (e) main electrical panels on each floor including breakers but no distribution; and (f) primary distribution for the fire safety system required by applicable code for unoccupied buildings (including the primary fire sprinkler system and alarms). Additionally, Lessor shall also furnish Lessee with the following items (Lessor shall warrant that the air conditioning systems furnished pursuant to item (i) and the safety alarm and communication system furnished pursuant to item (ii) shall be delivered to Lessee in good working order and condition, and in compliance with applicable governmental regulations, laws and codes in effect as of the date of such delivery): i. Landlord shall furnish and operate an air conditioning ventilation system meeting requirements based upon occupant density of no more than one person per 150 sf of usable premises. The maximum lighting load of 1.5 w▇▇▇▇ per sf of usable area within the Premises, and a maximum demand load of 2 w▇▇▇▇ per sf of usable area within the Premises for Tenant’s power requirements. Inside space conditions of no greater than 74 plus or minus 2 degrees Fahrenheit during the cooling mode and no less than 70 degrees plus or minus 2 degrees Fahrenheit during the heating mode. Landlord shall balance the existing system and adjust the existing system/replace equipment as required to maintain the above Temperature Standard in Tenant’s Premises. Tenant shall provide supplemental HVAC to alleviate any excess heat load caused by over-standard uses (if any) to be defined in the Lease. ii. Base Building Fire Protection and Fire/Life safety alarm and communication system shall be installed by Lessor according to building code at the commencement of the lease. iii. Landlord shall provide for the tenants use “Path of Travel” drawings for permitting purposes. i. Landlord shall provide “ADA toilet room” drawings for permitting purposes. Modification and connection to the fire safety system for the Premises, as occupied, shall be a part of the Lessee Improvements. Any and all modifications to the Base Building Improvements mandated or otherwise required by application and/or interpretation of any federalThereafter, state, local or other applicable governmental statutes, ordinances, codes, rules, regulations, controls or guidelines (collectively “Applicable Laws”) as a result of Lessee’s use of the Premises for other than Permitted Use and/or the construction by Lessee of the Lessee Improvements which are not typical office type improvements shall be a part of the Lessee Improvements. Lessee Lessor shall furnish and install within the Premises those improvements and items of general construction (the "Lessee Improvements") shown on the plans and specifications diligently prepared by Lessee and approved by Lessor and Lessee pursuant to Section 2 below, in compliance with all applicable codes and regulations. No portion or element of the Lessee All Base Building Improvements in the sole judgment of Lessor, shall in any way be in conflict with or adversely impact the Building or any of its systems. All and Lessee Improvements shall be constructed pursuant to this Work LetterLetter and shall be performed only by Lessor's contractor. Lessor warrants that Lessee shall have the Building, the parking facilities right to approve all subcontractor bid lists and all exterior improvements, walkways, doors, doorways, lobbies, elevators, toilet rooms (including base building restrooms) and all common and public facilities are in compliance with all governmental regulations, ordinances and laws, including without limitation, laws pertaining to hazardous materials and the Americans With Disabilities Act existing at the date Lessor bids received from Lessee's subcontractors. Any delay caused by such bid procedure shall be a temporary certificate of occupancy for the Building, disregarding variances and grandfathered/grandmothered rights, and any state or local law of similar purpose, and shall indemnify Lessee against any claim, cost or expense arising out of such warranty not being true, including the cost of any remedial work undertaken by LesseeDelay.

Appears in 1 contract

Sources: Lease Agreement (Hawthorne Financial Corp)

Base Building Improvements. Lessor has constructed and Lessee hereby accepts as constructed the Base Building Improvements consisting of a parking facility and building shell and core (collectively the "Base Building Improvements"). The building shell and core includes the following: (a) bare, trowel finished, concrete slab floors; (b) finished core area, including elevators and common area elevator lobbies, toilet rooms, electrical rooms, telephone rooms, janitorial closets, exit stairs and mechanical shafts; (c) primary heating, ventilation and air conditioning service stubbed out to the floor, including main supply air duct, base building digital control system (where applicable) for the HVAC and heating hot water supply mains (Lessee’s 's HVAC improvements to the Premises shall properly and without special requirements, interface and integrate with the Base Building HVAC and its Direct Digital Control System. Such interface and integration, as well as the design of the HVAC system for the Premises, including the distribution thereof shall be consistent and compatible with Lessor’s 's operating requirements and use only a proportionate share of the Building system’s 's capacity); (d) primary fire sprinkler system in open floor plan configuration (any modification to such sprinkler system within the Premises for the Lessee shall be a part of the Lessee Improvements); (e) main electrical panels on each floor including breakers but no distribution; and (f) primary distribution for the fire safety system required by applicable code for unoccupied buildings (including the primary fire sprinkler system and alarms). Additionally, Lessor shall also furnish Lessee with the following items (Lessor shall warrant that the air conditioning systems furnished pursuant to item (i) and the safety alarm and communication system furnished pursuant to item (ii) shall be delivered to Lessee in good working order and condition, and in compliance with applicable governmental regulations, laws and codes in effect as of the date of such delivery): i. Landlord shall furnish and operate an air conditioning ventilation system meeting requirements based upon occupant density of no more than one person per 150 sf of usable premises. The maximum lighting load of 1.5 w▇▇▇▇ per sf of usable area within the Premises, and a maximum demand load of 2 w▇▇▇▇ per sf of usable area within the Premises for Tenant’s power requirements. Inside space conditions of no greater than 74 plus or minus 2 degrees Fahrenheit during the cooling mode and no less than 70 degrees plus or minus 2 degrees Fahrenheit during the heating mode. Landlord shall balance the existing system and adjust the existing system/replace equipment as required to maintain the above Temperature Standard in Tenant’s Premises. Tenant shall provide supplemental HVAC to alleviate any excess heat load caused by over-standard uses (if any) to be defined in the Lease. ii. Base Building Fire Protection and Fire/Life safety alarm and communication system shall be installed by Lessor according to building code at the commencement of the lease. iii. Landlord shall provide for the tenants use “Path of Travel” drawings for permitting purposes. i. Landlord shall provide “ADA toilet room” drawings for permitting purposes. Modification and connection to the fire safety system for the Premises, as occupied, shall be a part of the Lessee Improvements. Any and all modifications to the Base Building Improvements mandated or otherwise required by application and/or interpretation of any federal, state, local or other applicable governmental statutes, ordinances, codes, rules, regulations, controls or guidelines (collectively “Applicable collectively, "Laws") as a result of to the extent caused by Lessee’s 's use of the Premises for other than Permitted Use of, and/or the construction by Lessee of the Lessee Improvements which are not typical office type improvements (as defined in Section 1.2 below) within, the Premises shall be a part of the Lessee Improvements. Lessee Thereafter, Lessor shall furnish and install within the Premises those improvements and items of general construction (the "Lessee Improvements") shown on the plans and specifications diligently prepared by Lessor and Lessee and approved by Lessor and Lessee pursuant to Section 2 below, in compliance with all applicable codes and regulations. No portion or element of the Lessee Improvements in the sole judgment of Lessor, shall in any way be in conflict with or adversely impact the Building or any of its systems. All Lessee Improvements shall be constructed pursuant to this Work Letter. Lessor warrants that the Building, the parking facilities and all exterior improvements, walkways, doors, doorways, lobbies, elevators, toilet rooms (including base building restrooms) and all common and public facilities are in compliance with all governmental regulations, ordinances and laws, including without limitation, laws pertaining to hazardous materials and the Americans With Disabilities Act existing at the date Lessor received a temporary certificate of occupancy for the Building, disregarding variances and grandfathered/grandmothered rights, and any state or local law of similar purpose, and shall indemnify Lessee against any claim, cost or expense arising out of such warranty not being true, including the cost of any remedial work undertaken by Lessee.

Appears in 1 contract

Sources: Lease Agreement (A-Mark Precious Metals, Inc.)

Base Building Improvements. Lessor has constructed and Lessee hereby accepts as constructed the Base Building Improvements consisting of a parking facility and building shell and core (collectively the “Base Building Improvements”). The building shell and core includes the following: (a) bare, trowel finished, concrete slab floors; (b) finished core area, including elevators and common area elevator lobbies, toilet rooms, electrical rooms, telephone rooms, janitorial closets, exit stairs and mechanical shafts; (c) primary heating, ventilation and air conditioning service stubbed out to the floor, including main supply air duct, base building digital control system (where applicable) for the HVAC and heating hot water supply mains (Lessee’s HVAC improvements to the Premises shall properly and without special requirements, interface and integrate with the Base Building HVAC and its Direct Digital Control System. Such interface and integration, as well as the design of the HVAC system for the Premises, including the distribution thereof shall be consistent and compatible with Lessor’s operating requirements and use only a proportionate share of the Building system’s capacity); (d) primary fire sprinkler system in open floor plan configuration (any modification to such sprinkler system for the Lessee shall be a part of the Lessee Improvements); (e) main electrical panels on each floor including breakers but no distribution; and (f) primary distribution for the fire safety system required by applicable code for unoccupied buildings (including the primary fire sprinkler system and alarms). AdditionallyLessor, Lessor at Lessor’s sole cost and expense, shall also furnish provide Lessee with a glass door entry per Lessor’s design, dimension and specification shown on the following items (Lessor shall warrant that the air conditioning systems furnished pursuant to item (i) and the safety alarm and communication system furnished pursuant to item (ii) shall be delivered to Lessee in good working order and condition, and in compliance with applicable governmental regulations, laws and codes in effect drawing attached hereto as of the date of such delivery): i. Landlord shall furnish and operate an air conditioning ventilation system meeting requirements based upon occupant density of no more than one person per 150 sf of usable premises. The maximum lighting load of 1.5 w▇▇▇▇ per sf of usable area within the Premises, and a maximum demand load of 2 w▇▇▇▇ per sf of usable area within the Premises for Tenant’s power requirements. Inside space conditions of no greater than 74 plus or minus 2 degrees Fahrenheit during the cooling mode and no less than 70 degrees plus or minus 2 degrees Fahrenheit during the heating mode. Landlord shall balance the existing system and adjust the existing system/replace equipment as required to maintain the above Temperature Standard in Tenant’s Premises. Tenant shall provide supplemental HVAC to alleviate any excess heat load caused by over-standard uses (if any) to be defined in the Lease. ii. Base Building Fire Protection and Fire/Life safety alarm and communication system shall be installed by Lessor according to building code at the commencement of the lease. iii. Landlord shall provide for the tenants use Exhibit Path of Travel” drawings for permitting purposes. i. Landlord shall provide “ADA toilet room” drawings for permitting purposesC-5”. Modification and connection to the fire safety system for the Premises, as occupied, shall be a part of the Lessee Improvements. Any and all modifications to the Base Building Improvements mandated or otherwise required by application and/or interpretation of any federal, state, local or other applicable governmental statutes, ordinances, codes, rules, regulations, controls or guidelines (collectively collectively, Applicable Laws”) as a result of Lessee’s use of the Premises for other than Permitted Use of, and/or the construction by Lessee of the Lessee Improvements which are not typical office type improvements (as defined in Section 1.2 below) within, the Premises shall be a part of the Lessee Improvements. Thereafter, Lessee shall furnish and install within the Premises those improvements and items of general construction (the “Lessee Improvements”) shown on the plans and specifications diligently prepared by Lessee and approved by Lessor and Lessee pursuant to Section 2 below, in compliance with all applicable codes and regulations. No portion or element of the Lessee Improvements in the sole judgment of Lessor, shall in any way be in conflict with or adversely impact the Building or any of its systems. All Lessee Improvements shall be constructed pursuant to this Work Letter. Lessor warrants that the Building, the parking facilities and all exterior improvements, walkways, doors, doorways, lobbies, elevators, toilet rooms (including base building restrooms) and all common and public facilities are in compliance with all governmental regulations, ordinances and laws, including without limitation, laws pertaining to hazardous materials and the Americans With Disabilities Act existing at the date Lessor received a temporary certificate of occupancy for the Building, disregarding variances and grandfathered/grandmothered rights, and any state or local law of similar purpose, and shall indemnify Lessee against any claim, cost or expense arising out of such warranty not being true, including the cost of any remedial work undertaken by Lessee.

Appears in 1 contract

Sources: Lease Agreement (Manhattan Bancorp)

Base Building Improvements. References in this Section are made to that certain Letter from ▇▇▇▇ Engineering to ▇▇▇▇▇▇ International dated September 25, 2006 as responded to by Lessor has constructed and Lessee hereby accepts as constructed on October 18, 2006, a copy of which is set forth on Exhibit D attached hereto (with Lessor’s response, the Base Building Improvements consisting of a parking facility and building shell and core Letter”). Lessor shall, at its cost, provide the following improvements (collectively collectively, the “Base Building Improvements”): (1) at the election of Lessee (the actual date Lessee notifies Lessor of such election is referred to herein as the “Election Date”). The building shell and core includes , Lessor shall provide one of the following: (a) bare, trowel finished, concrete slab floors; (b) finished core area, including elevators and common area elevator lobbies, toilet rooms, electrical rooms, telephone rooms, janitorial closets, exit stairs and mechanical shafts; (c) primary heating, ventilation and air conditioning service stubbed out to the floor, including main supply air duct, base building digital control system (where applicable) for the HVAC and heating hot water supply mains (Lessee’s HVAC improvements to the Premises shall properly and without special requirements, interface and integrate with the Base Building HVAC and its Direct Digital Control System. Such interface and integration, as well as the design upgrades specified in Section 2.3 of the HVAC system for the Premises, including the distribution thereof shall be consistent and compatible with Lessor’s operating requirements and use only a proportionate share of the Building system’s capacity); (d) primary fire sprinkler system in open floor plan configuration (any modification to such sprinkler system for the Lessee shall be a part of the Lessee Improvements); (e) main electrical panels on each floor including breakers but no distribution; and (f) primary distribution for the fire safety system required by applicable code for unoccupied buildings (including the primary fire sprinkler system and alarms). Additionally, Lessor shall also furnish Lessee with the following items (Lessor shall warrant that the air conditioning systems furnished pursuant to item (i) and the safety alarm and communication system furnished pursuant to item (ii) shall be delivered to Lessee in good working order and condition, and in compliance with applicable governmental regulations, laws and codes in effect as of the date of such delivery): i. Landlord shall furnish and operate an air conditioning ventilation system meeting requirements based upon occupant density of no more than one person per 150 sf of usable premises. The maximum lighting load of 1.5 w▇▇▇▇ per sf of usable area within the Premises, and a maximum demand load of 2 w▇▇▇▇ per sf of usable area within the Premises for Tenant’s power requirements. Inside space conditions of no greater than 74 plus or minus 2 degrees Fahrenheit during the cooling mode and no less than 70 degrees plus or minus 2 degrees Fahrenheit during the heating mode. Landlord shall balance the existing system and adjust the existing system/replace equipment as required to maintain the above Temperature Standard in Tenant’s Premises. Tenant shall provide supplemental HVAC to alleviate any excess heat load caused by over-standard uses (if any) to be defined in the Lease. ii. Base Building Fire Protection and Fire/Life safety alarm and communication system shall be installed by Lessor according to building code at the commencement of the lease. iii. Landlord shall provide for the tenants use “Path of Travel” drawings for permitting purposes. i. Landlord shall provide “ADA toilet room” drawings for permitting purposes. Modification and connection to the fire safety system for the Premises, as occupied, shall be a part of the Lessee Improvements. Any and all modifications to the Base Building Improvements mandated or otherwise required by application and/or interpretation of any federal, state, local or other applicable governmental statutes, ordinances, codes, rules, regulations, controls or guidelines Letter (collectively the Applicable LawsHVAC Upgrades”) as a result or (b) in lieu of completing the HVAC Upgrades, an HVAC improvement allowance in the amount of $10.00 per USF (the “HVAC Upgrade Allowance”), which HVAC Upgrade Allowance may be used in Lessee’s use of sole discretion; provided that if Lessee makes or causes others to make any alterations, modifications or improvements to the heating, ventilating or air conditioning system in the Building or the Demised Premises for other than Permitted Use and/or (the construction by Lessee of the Lessee Improvements which are not typical office type improvements “HVAC System”), Lessor’s consent shall be a part of the Lessee Improvementsrequired for such alterations, modifications or improvements, which consent shall not be unreasonably withheld or delayed. Lessee shall furnish notify Lessor of its election pursuant to this Subsection 19(A)(1) on or prior to June 1, 2009; and (2) the electrical upgrades specified in Section 2.4 of the Base Building Improvements Letter; except that Lessor has completed the new electrical service (the so-called new 3000 amp service) to the Demised Premises as described in Section 2.4 of the Base Building Improvements Letter and install per a letter from Lessee dated August 22, 2007, Lessee has acknowledged its acceptance of Lessor’s completion of such work. If Lessee elects for Lessor to complete the HVAC Upgrades in accordance with Subsection 19(A)(1) above, Lessor shall complete such HVAC Upgrades within twelve (12) months after the Premises those improvements and items last to occur of general construction (the “Base Building Completion Date”): (a) the date Lessee Improvements”delivers to Lessor the Plans and Specifications (as defined in Subsection 19(B) shown below) and (b) the Election Date. Lessor shall complete the portion of the Base Building Improvements described in Subsection 19(A)(2) above on or before the plans Base Building Completion Date. Except for any Base Building Improvements that Lessor is required to complete in accordance with this Section 19(A), Lessor shall have no obligation to provide any improvements to the Demised Premises or the Building. If Lessee elects to receive the HVAC Upgrade Allowance in accordance with Subsection 19(A)(1) above, Lessor shall not be required to complete any of the HVAC Upgrades. By moving into the Demised Premises or taking possession thereof, Lessee accepts the Demised Premises as suitable for the purposes of which the same are leased and specifications diligently prepared by Lessee accepts the Building and approved by Lessor each and every appurtenance thereof, and Lessee pursuant to Section 2 below, in compliance with all applicable codes and regulations. No portion or element of the Lessee Improvements in the sole judgment of Lessor, shall in by said acts waives any way be in conflict with or adversely impact the Building or any of its systems. All Lessee Improvements shall be constructed pursuant to this Work Letter. Lessor warrants that the Building, the parking facilities and all exterior improvementsdefects therein, walkways, doors, doorways, lobbies, elevators, toilet rooms (including base building restrooms) and all common and public facilities are in compliance with all governmental regulations, ordinances and laws, including without limitation, laws pertaining to hazardous materials and the Americans With Disabilities Act existing at the date Lessor received a temporary certificate of occupancy except for the Building, disregarding variances and grandfathered/grandmothered rights, and any state or local law of similar purpose, and shall indemnify Lessee against any claim, cost or expense arising out of such warranty not being true, including the cost of any remedial work undertaken by Lesseelatent defects.

Appears in 1 contract

Sources: Lease Agreement (Kendle International Inc)

Base Building Improvements. Lessor has constructed Prior to the Commencement Date, Landlord, at Landlord's sole cost and Lessee hereby accepts as constructed expense, shall cause the Base Building Improvements consisting of a parking facility and building shell and core following work (collectively collectively, the "Base Building Improvements”). The building shell and core includes ") to be performed to the followingPremises: (ai) barerenovate alt restrooms in the Building, trowel finishedwhich renovation shall include new ceiling tiles, concrete slab floorsnew wall paper, new wood, louvered stall doors which run from the floor to the ceiling, new corian stall separators which shall run from floor to ceiling, new automatic faucets and new lights; (b) finished core area, including elevators and common area elevator lobbies, toilet rooms, electrical rooms, telephone rooms, janitorial closets, exit stairs and mechanical shaftsii); (c) primary heating, ventilation and air conditioning service stubbed out complete the repairs needed to the floorexisting heat pumps as set forth in items 1 – 4 in the report issued by ▇▇▇▇▇▇ Mechanical, including main supply air ductInc., base building digital control system dated April 16, 2012, attached hereto as Exhibit "D" (where applicable) for the HVAC and heating hot water supply mains (Lessee’s HVAC improvements to the Premises shall properly and without special requirements, interface and integrate with the Base Building HVAC and its Direct Digital Control System. Such interface and integration, as well as the design of the HVAC system for the Premises, including the distribution thereof shall be consistent and compatible with Lessor’s operating requirements and use only a proportionate share of the Building system’s capacity"▇▇▇▇▇▇ Report"); (diii) primary fire sprinkler system replace all heat pumps requiring replacement (but in open floor plan configuration no event fewer than ten percent (any modification to such sprinkler system for the Lessee shall be a part 10%) of the Lessee Improvements); (e) main electrical panels on each floor including breakers but no distribution; and (f) primary distribution for heat pumps in the fire safety system required by applicable code for unoccupied buildings (including the primary fire sprinkler system and alarms). Additionally, Lessor shall also furnish Lessee with the following items (Lessor shall warrant that the air conditioning systems furnished pursuant to item (i) and the safety alarm and communication system furnished pursuant to item (ii) shall be delivered to Lessee in good working order and condition, and in compliance with applicable governmental regulations, laws and codes in effect Building as of the date of such delivery): i. Landlord shall furnish this Lease); (iv) replace the existing roof of the Building; (v) install a unisex restroom on the second floor of the Building, in accordance with the Americans with Disabilities Act, as in force and operate an air conditioning ventilation system meeting requirements based upon occupant density effect at the time of no more than one person per 150 sf the work being performed ("ADA"), in the location on the second floor of usable premisesthe Building as set forth on the Tenant Construction Plans; and (vi) replace two (2) cooling towers on the roof. The maximum lighting load cost of 1.5 w▇▇▇▇ per sf of usable area within the Premises, and a maximum demand load of 2 w▇▇▇▇ per sf of usable area within the Premises for Tenant’s power requirements. Inside space conditions of no greater than 74 plus or minus 2 degrees Fahrenheit during the cooling mode and no less than 70 degrees plus or minus 2 degrees Fahrenheit during the heating mode. Landlord shall balance the existing system and adjust the existing system/replace equipment as required to maintain the above Temperature Standard in Tenant’s Premises. Tenant shall provide supplemental HVAC to alleviate any excess heat load caused by over-standard uses (if any) to be defined in the Lease. ii. Base Building Fire Protection and Fire/Life safety alarm and communication system shall be installed by Lessor according to building code at the commencement of the lease. iii. Landlord shall provide for the tenants use “Path of Travel” drawings for permitting purposes. i. Landlord shall provide “ADA toilet room” drawings for permitting purposes. Modification and connection to the fire safety system for the Premises, as occupied, shall be a part of the Lessee Improvements. Any and all modifications to performing the Base Building Improvements mandated or otherwise shall not be passed through to the Tenant as an Operating Cost. Landlord shall also equip the Premises with basic fire safety and sprinkler systems and provide access to allow connection of fire and life safety devices as required by application and/or interpretation of any federal, state, local or other the applicable governmental statutes, ordinances, codes, rules, regulations, controls or guidelines (collectively “Applicable Laws”) as a result of Lessee’s use of code. Landlord represents and warrants and covenants that on the Commencement Date the Premises for other than Permitted Use and/or (with the construction by Lessee exception of restrooms except the Lessee Improvements which are not typical office type improvements newly constructed restroom described above) shall be a part of the Lessee Improvements. Lessee shall furnish and install within the Premises those improvements and items of general construction (the “Lessee Improvements”) shown on the plans and specifications diligently prepared by Lessee and approved by Lessor and Lessee pursuant to Section 2 below, delivered in compliance with all applicable local, state and federal codes and regulations. No portion or element of the Lessee Improvements in the sole judgment of Lessor, shall in any way be in conflict with or adversely impact the Building or any of its systems. All Lessee Improvements shall be constructed pursuant to this Work Letter. Lessor warrants that the Building, the parking facilities and all exterior improvements, walkways, doors, doorways, lobbies, elevators, toilet rooms (including base building restrooms) and all common and public facilities are in compliance with all governmental regulations, ordinances and laws, including without limitationthe ADA. Landlord will coordinate, laws pertaining to hazardous materials at its sole cost and expense, the Americans With Disabilities Act existing at the date Lessor received a temporary certificate of occupancy structural, mechanical, electrical and plumbing plans for the Building, disregarding variances and grandfathered/grandmothered rights, and any state or local law of similar purpose, and shall indemnify Lessee against any claim, cost or expense arising out of such warranty not being true, including the cost of any remedial work undertaken by LesseeBase Building Improvements.

Appears in 1 contract

Sources: Sublease Agreement (Aclaris Therapeutics, Inc.)