Common use of COMMENCEMENT AND PERMITTING OF LANDLORD'S WORK Clause in Contracts

COMMENCEMENT AND PERMITTING OF LANDLORD'S WORK. Landlord at its expense has obtained a building permit authorizing the construction of Landlord's Improvements (the "BUILDING PERMIT"). Landlord shall commence construction of the Tenant Improvements upon the later of (i) obtaining a building permit (the "TI PERMIT") authorizing the construction of the Tenant Improvements consistent with the TI Construction Drawings approved by Tenant, or (ii) having sufficiently completed Landlord's Improvements such that the work of constructing the Tenant Improvements can be efficiently prosecuted. The cost of obtaining the TI Permit shall be payable from the TI Fund. Tenant shall assist Landlord in obtaining the TI Permit. If any Governmental Authority having jurisdiction over the construction of Landlord's Work or any portion thereof shall impose terms or conditions upon the construction thereof which: (i) are inconsistent with Landlord's obligations hereunder, (ii) increase the cost of constructing Landlord's Work, or (iii) will materially delay the construction of Landlord's Work, Landlord and Tenant shall reasonably and in good faith seek means by which to mitigate or eliminate any such adverse terms and conditions.

Appears in 2 contracts

Samples: Lease Agreement (Acusphere Inc), Lease Agreement (Acusphere Inc)

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COMMENCEMENT AND PERMITTING OF LANDLORD'S WORK. Landlord at its expense has obtained a building permit authorizing the construction of Landlord's Improvements (the "BUILDING 40 Major Construction - 500 Arsenal Street/Acusphere, Inc. - Page 3 Landlord Build PERMIT"). Landlord shall commence construction of the Tenant Improvements upon the later of (i) obtaining a building permit (the "TI PERMIT") authorizing the construction of the Tenant Improvements consistent with the TI Construction Drawings approved by Tenant, or (ii) having sufficiently completed Landlord's Improvements such that the work of constructing the Tenant Improvements can be efficiently prosecuted. The cost of obtaining the TI Permit shall be payable from the TI Fund. Tenant shall assist Landlord in obtaining the TI Permit. If any Governmental Authority having jurisdiction over the construction of Landlord's Work or any portion thereof shall impose terms or conditions upon the construction thereof which: (i) are inconsistent with Landlord's obligations hereunder, (ii) increase the cost of constructing Landlord's Work, or (iii) will materially delay the construction of Landlord's Work, Landlord and Tenant shall reasonably and in good faith seek means by which to mitigate or eliminate any such adverse terms and conditions.

Appears in 1 contract

Samples: Lease Agreement (Acusphere Inc)

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COMMENCEMENT AND PERMITTING OF LANDLORD'S WORK. Landlord at its expense has obtained a building permit authorizing the construction of Landlord's Improvements (the "BUILDING Major Construction - 500 Arsenal Street/Acusphere, Inc. - Page 3 Landlord Build PERMIT"). Landlord shall commence construction of the Tenant Improvements upon the later of (i) obtaining a building permit (the "TI PERMIT") authorizing the construction of the Tenant Improvements consistent with the TI Construction Drawings approved by Tenant, or (ii) having sufficiently completed Landlord's Improvements such that the work of constructing the Tenant Improvements can be efficiently prosecuted. The cost of obtaining the TI Permit shall be payable from the TI Fund. Tenant shall assist Landlord in obtaining the TI Permit. If any Governmental Authority having jurisdiction over the construction of Landlord's Work or any portion thereof shall impose terms or conditions upon the construction thereof which: (i) are inconsistent with Landlord's obligations hereunder, (ii) increase the cost of constructing Landlord's Work, or (iii) will materially delay the construction of Landlord's Work, Landlord and Tenant shall reasonably and in good faith seek means by which to mitigate or eliminate any such adverse terms and conditions.

Appears in 1 contract

Samples: Lease Agreement (Acusphere Inc)

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