Completion of Demised Premises. Pursuant to Exhibit “D” to this Lease, Tenant may elect to either have Landlord perform certain work within the Demised Premises (“Work”) or advise Landlord that Tenant will perform the Work.
Completion of Demised Premises. For the purposes of Section 2.2, the Demised Premises shall be deemed available for occupancy when Landlord notifies Tenant, in writing, that the work required to be performed by Landlord (“Landlord’s Work”) as more specifically set forth in plans prepared by Tenant and approved by Landlord (such approved plans herein referred to as the “Plans”), has been Substantially Complete and the Demised Premises are available for occupancy. As part of Landlord’s Work, Landlord, at Landlord’s sole cost and expense, shall create a warm shell space that shall include (i) a new fire sprinkler system on the second (2nd) and third (3rd) floors, (ii) renovated restroom cores on the second (2nd) floor, and (iii) renovation of the lobby on the second (2nd) floor (collectively “Landlord’s Cost Work”). Tenant shall submit its plans to Landlord for approval in sufficient time to permit Landlord to review Tenant’s plans so that Plans can be submitted for required governmental permits no later than May 2, 2005. Landlord’s Work shall be deemed substantially completed notwithstanding that (a) certain minor or non-material details of construction, mechanical adjustment or decoration (“punchlist items”) are incomplete (provided such punchlist items do not materially interfere with Tenant’s ability to operate in the Demised Premises as intended), or (b) portions of Landlord’s Work are incomplete because such work cannot be performed until work to be performed by or on behalf of Tenant is completed. In the event Landlord is delayed in completing Landlord’s Work by any delay, interference or hindrance, directly or indirectly, of such work (1) by Tenant, Tenant’s contractors or any of their employees or agents, (2) by Tenant’s request for unusual or unique materials which cannot be timely delivered, (3) by any changes in such work or materials requested by Tenant and agreed to by Landlord, (4) by Tenant’s failure to timely and properly perform any of its obligations imposed pursuant to the Plans, or (5) Tenant’s failure to submit completed plans and specifications for Landlord’s approval in respect of Landlord’s Work in sufficient time to permit Landlord to submit the Plans for required governmental permits no later than May 2, 2005 (any of the foregoing being a “Tenant Delay”), the Demised Premises shall be conclusively deemed substantially completed and available for occupancy on the date on which the same would have occurred in the absence of such Tenant Delay, which date shall be det...
Completion of Demised Premises. Xxxxxx agrees to accept possession of the Demised Premises in an "AS IS" condition, subject to the right of any existing tenant to remove its personal property or improvements, except for the work to be performed by Landlord pursuant to Exhibit "D".
Completion of Demised Premises. Tenant agrees to accept possession of ------------------------------ the Demised Premises in an "AS IS" condition. Tenant shall be responsible for all improvements to be made to the Demised Premises to enable Tenant to conduct its business.
Completion of Demised Premises. (a) The Demised Premises shall be deemed available for occupancy when Landlord notifies Tenant, in writing, that the work required to be performed by Landlord as hereinafter defined has been substantially completed and the Demised Premises are available for occupancy. Landlord agrees that it shall construct certain tenant improvements for the Demised Premises in a good and workmanlike manner substantially in accordance with (i) the plan prepared by Kohl Gramigna, dated August 21, 2002 and by this reference maxx x xxxx xxxeof which Tenant has and does hereby approve (the "Approved August 21st Plans"), and (ii) the Building standard specifications for the quantity and quality of materials to be used in the construction of such tenant improvements (the "Landlord's Work"). Landlord shall pay for the costs of construction of Landlord's Work, including any and all engineering, space planning and design fees as well as any costs associated with obtaining permits for the construction up to an amount of $38,548.00, which represents $6.26 per rentable square foot.
Completion of Demised Premises. For the purposes of Section 2.2, the Demised Premises shall be deemed available for occupancy at the earlier of the Scheduled Commencement Date, set forth in Article I. or substantial completion of Tenant Improvements, if any, described and defined in Exhibit "D" to this Lease (the "Work Letter"). Tenant Improvements. if any, shall be deemed substantially completed notwithstanding that certain minor or non-material details of construction, mechanical adjustment or decoration ("punchlist items") are incomplete. In the event Tenant Improvements are delayed by any delay, interference or hindrance (which shall include, without being limited to, any delays in the submission by Tenant of completed and approved (by Landlord) plans and specifications in respect of Tenant Improvements), directly or indirectly, of such work (1) by Tenant, Tenant's contractors or any of their employees or agents. (2) by Tenant's request for unusual or unique materials which cannot be timely delivered, (3) by any changes in such work or materials requested by Tenant and agreed to by Landlord after the Plan Delivery Date, or (4) by Tenant's failure to timely and properly perform any of its obligations imposed pursuant to the Work Letter (any of the foregoing being a "Tenant Delay"), the Demised Premises shall be conclusively deemed substantially completed and available for occupancy on the date on which the same would have occurred in the absence of such Tenant Delay, which date shall be determined by Landlord and documented to Tenant.
Completion of Demised Premises. All work required to place the Demised Premises in finished condition for opening for business, except for the work specifically described in Exhibit "B" as Landlord's work, is to be done by Tenant at Tenant's sole expense; included in such work ("Work"), but without limitation are floor coverings, wall finishes, all store fixture work, all painting and decorating. Tenant's Work will be done by Tenant at Tenant's sole expense in accordance with plans and specifications prepared by Tenant's architect and approved by the Landlord. It is specifically noted herein that any Work, within and/or without the Demised Premises required by applicable ordinances and/or codes for Tenant's business, shall be done by Tenant at Tenant's sole cost and expense. Such expense shall include but not be limited to licenses, fees, labor and materials. All plans and specifications for Tenant's Work shall be prepared in accordance with applicable governing codes, ordinances and any compliance necessary to meet the standards set by the American With Disabilities Act of 1990 ("ADA"). Tenant shall be responsible for submitting all documents to governing authorities and for obtaining all necessary permits for Tenant's Work. Plans and specifications for Tenant's Work must be approved in writing by Landlord or Landlord's architect, as per Exhibit "D" Article A (b), prior to Tenant submitting same to governmental authorities and/or Tenant performing any of said Work on the Demised Premises.
Completion of Demised Premises. 4.01. The preparation of the Demised Premises for Tenant's occupancy shall be deemed completed when Landlord's Work has been substantially completed (except for insubstantial details of construction, mechanical adjustment or decoration which do not materially interfere with Tenant's use of the Demised Premises ["Punchlist Items"]). Landlord shall give Tenant ten (10) days' advance notice of the date of completion of the Demised Premises in accordance with Section 4.01. Upon receipt of such notice Tenant may enter upon the Demised Premises for the sole purpose of fixturing and finishing same in preparation for its occupancy. Such activities shall be so performed as not to materially interfere with or impede Landlord's Work or increase the costs thereof. Notwithstanding anything to the contrary herein contained, any and all telecommunications cabling and wiring and local area networks required by Tenant shall be installed only by Landlord's designated telecommunications cabling contractor.
Completion of Demised Premises. Tenant agrees to accept possession of the Demised Premises in an "AS IS" condition. Landlord shall have no obligation to perform any work of any kind in connection with the fit-out of the Demised Premises for use by Tenant. Tenant shall be responsible for the design and engineering and the performance of all work necessary or desirable to prepare the Demised Premises for use by Tenant, and all such work shall be performed in accordance with Exhibit "D" to this Lease and at Tenant's sole cost and expense (except as specifically set forth in Exhibit "D").
Completion of Demised Premises. 7.5.1. Tenant agrees to accept possession of the Demised Premises subject to the work to be performed by Landlord described in Exhibit ------- "B" hereto. Landlord shall use its best efforts to have the Demised Premises --- Substantially Completed (as defined in Paragraph 7.5.3 below) by Wednesday, September 1, 1993 (the "Scheduled Substantial Completion Date"), except for delays due to strikes, lockout, civil commotion, warlike operation, invasion, rebellion, hostilities, military or usurped power, governmental regulations or controls, inability to obtain labor or materials despite due diligence, act of God, or other cause beyond the reasonable control of the party hereto which is so delayed (collectively, "Force Majeure"). In connection with the construction or supervision of the Demised Premises there shall be no fees or charges by Landlord unless the same are expressly stated in this Paragraph 7.
