CONSTRUCTION AND POSSESSION. The Tenant Improvements shall be constructed by independent contractors to be employed by and under the supervision of Landlord, as general contractor, in accordance with plans prepared by Dennxx Xxxxx xxx Associates, to be attached as Exhibit "B" ("Working Drawings"). Landlord shall construct the Tenant Improvements in accordance with all existing applicable municipal, local, state and federal laws, statutes, rules, regulations and ordinances. Landlord shall be responsible for and shall pay the cost of the Tenant Improvements up to the amount of Four Hundred Eighty-Eight Thousand Four Hundred Five and No/100 Dollars ($488,405.00) ("Tenant Improvement Allowance"). In the event the cost of Tenant Improvements is less than the Tenant Improvement Allowance, the monthly rental under the f case shall be reduced at the rate of Fifteen Dollars ($15.00) per month for each One Thousand Dollars ($1,000.00) of the Tenant Improvement Allowance not used. The cost of the Tenant Improvements including fit-up of special areas shall include a fee of eight and one half percent (8.5%) to cover all Landlord's Costs and Expenses including but riot limited to: a field superintendent temporary on-site facilities; home office administration, supervision, and coordination; financing fees, and construction interest Landlord hereby guarantees that, under no circumstance, will the expense for Tenant Improvements exceed the said allowance without Tenant's prior approval Tenant shall have the right to approve the budget of the Tenant Improvements prior to the Landlord's contracting for the improvements. If the cost of the Tenant improvements exceed the Tenant Improvement Allowance by virtue of Tenant's written approval, Tenant shall pay for such excess costs in cash within thirty (30) days after Landlord has provided Tenant with evidence that Landlord's progress payments to subcontractors has exceeded said Tenant Improvement budget. All costs for Tenant Improvements shall be fully documented to and verified by Tenant. Anything to the contrary in the foregoing notwithstanding, Landlord shall provide Tenant with a list of contractors to whom Landlord proposes to let the contract for the Tenant Improvements to be constructed by Landlord hereunder. Tenant shall promptly notify Landlord of any reasonable objections to the use of any such contractor and shall also provide Landlord with the name of any contractor Tenant desires to have an opportunity to bid on the contract to construct the Te...
CONSTRUCTION AND POSSESSION. 4.1 Landlord shall construct the Tenant Improvements in conformity with the schematic attached hereto as Exhibit E and the architectural drawings listed at Exhibit F at its cost and at no cost to Tenant. The cost of the Tenant Improvements shall include design, permitting and out-of-pocket construction costs of the Tenant Improvements, including but not limited to architectural and engineering fees, costs of processing and obtaining permits from the City of San Diego and any other governmental entity with jurisdiction over the Premises, water and sewer connection charges and other expenses related thereto. Notwithstanding the forgoing, Tenant shall pay all costs of Tenant Improvements which are due to change orders to Exhibit E or Exhibit F requested by Tenant and approved by Landlord, or improvements requested by Tenant and approved by Landlord which are not included in Exhibit E or Exhibit F.
CONSTRUCTION AND POSSESSION. The following sentence is added to Section 42 of the Lease: Landlord shall grant Tenant early occupancy on 000 Xxxxxxxx Xxxxxx Feet of the Premises, effective September 1, 2002 through September 14, 2002.
CONSTRUCTION AND POSSESSION. 4.1 Landlord shall construct at Landlord's expense, and in compliance with the warranties set forth in Article 14, the following improvements to the Building ("Landlord Improvements"): (a) removal of the existing mezzanine and construction of a new mezzanine with a loading capacity of 125 lbs/square foot and two exit stairwells, and (b) the addition of new exterior windows along the west walls of the Building.
CONSTRUCTION AND POSSESSION. If construction of the Premises is not complete at the time of execution of this Lease, Landlord agrees to complete such construction in accordance with Exhibit A-2, which shall be attached hereto and made a part hereof. If Landlord for any reason cannot deliver possession of the Premises to Tenant at the commencement of the term hereof. Landlord shall not be liable to Tenant for any loss or damage resulting therefrom nor shall such failure affect the validity of this lease or the obligations of Tenant hereunder and shall automatically extend the term of this Lease by the number of days that possession is so delayed (unless Tenant chooses to accept possession prior to completion, in which case the term shall commence from the date of possession and full rental shall be payable from the date of possession). The premises shall be considered to be ready to be delivered to the Tenant when the Premises are substantially completed and generally suitable for occupancy. In the event that the Tenant has undertaken to complete some of the finishing in the Premises, unavailability of materials order independently by the Tenant for installation in the Premises or any other inability on the Tenant's part to complete that work shall not be considered a reason for the Tenant to delay possession and hence delay and/or avoid payment of rent. If Landlord permits Tenant to occupy the Premises prior to the commencement date of the term hereof, such occupancy shall be subject to all of the previsions of this Lease, but early possession shall not advance the expiration date set forth herein.
CONSTRUCTION AND POSSESSION. Subject to events and delays due to causes beyond its reasonable control, Landlord agrees to perform and complete the work on the construction specifications as set out in Exhibit .
CONSTRUCTION AND POSSESSION. 4.1 Landlord shall construct the Tenant Improvements in conformity with the Schematic Plans and shall diligently prosecute such construction to completion. Landlord shall
CONSTRUCTION AND POSSESSION. A. Construction
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CONSTRUCTION AND POSSESSION. (a) Landlord shall construct at Landlord's sole cost and expense, (i) the Building Shell for Building A and Building B and Site Improvements in accordance with the Building Shell and Site Improvement Plans, and (ii) the Core Improvements for Building A and Building B in accordance with the Core Improvement Plans (collectively, the "Project Plans" and the "Project Work"). The Project Plans are described on Exhibit B attached hereto and have been reviewed and approved by Tenant. Landlord shall notify Tenant of any material changes to the Project Plans. Landlord agrees to furnish all of the material, labor and equipment for the construction of the Project Work in a good and workmanlike manner in conformance with the Project Plans and in compliance with all then applicable building laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments with jurisdictional authority over the construction of the Project Work, including, but not limited to, the Americans With Disabilities Act and Title 24 (the "Applicable Laws"). Landlord shall obtain all necessary final inspections and approvals from the governmental authorities having jurisdiction over the Project Work, as well as a certification of substantial completion of the Project Work by Landlord's architect, unless prevented from so doing as a result of the construction of the Tenant Improvements, in which case Landlord and Tenant shall cooperate to acquire such certificate in conjunction with the approval of the Tenant Improvements. In connection with the Project Work, Landlord agrees to maintain all construction warranties and guarantees for the mutual benefit of Landlord and Tenant, provided that Tenant does not void any of such construction warranties and guarantees as a result of the construction of the Tenant Improvements.
