Construction by Landlord. Landlord shall not be obligated to provide ------------------------ or pay for any improvement, remodeling or refurbishment work or services related to the improvement, remodeling or refurbishment of the Expansion Space and Tenant shall accept the Expansion Space in its "AS IS" condition except that Landlord will perform the following work, in accordance with building standards (collectively, the "Landlord's Work"): (a) cause the Expansion Space to be --------------- professionally cleaned prior to the Expansion Space Commencement Date, (b) repaint the interior painted walls of the lobby in the Expansion Space with a color which matches as closely as commercially reasonably possible the color of the interior painted walls of the lobby in the original Premises, (c) replace the carpet in the lobby in the Expansion Space existing in such lobby as of the date of this Second Amendment with a carpet which matches as closely as commercially reasonably possible the carpet in the lobby of the original Premises and (d) accent paint the trim in the Expansion Space. Landlord shall provide Tenant with an allowance of up to, but not exceeding, Five Thousand Dollars ($5,000.00) (the "Tenant Improvement Allowance") to pay for the cost of ---------------------------- the design and construction of the portion of Landlord's Work described in clauses (b), (c) and (d) of the immediately preceding sentence (including, without limitation, materials, labor, general contractor's fees and overhead and Landlord's supervision fee of four percent (4%) of the cost of Landlord's Work). Tenant shall pay for all costs of the portion of Landlord's Work described in clauses (b), (c) and (d) above in excess of the Tenant Improvement Allowance, which payment shall be made to Landlord in cash within ten (10) days after Tenant's receipt of invoice therefor from Landlord. Tenant shall not be entitled to receive in cash or as a credit against any rental or otherwise any portion of such Tenant Improvement Allowance not used to pay for Landlord's Work. Except for the portion of Landlord's Work described in clause (a) above, Landlord shall perform Landlord's Work after Tenant's normal business hours pursuant to a schedule mutually approved by Landlord and Tenant. Tenant hereby accepts any and all inconveniences associated with Landlord's Work (including reasonable interference with Tenant's business operations, paint fumes, noise and dust) and agrees that Landlord's Work shall not constitute a cons...
Construction by Landlord. The provisions of this Section 24.03 shall apply only in the event of Construction by Landlord. Landlord shall promptly commence construction of the New Improvement and diligently pursue such construction to prompt completion, at Landlord’s sole cost and expense. In the event that Landlord seeks to obtain financing for construction of the New Improvement but is unable to do so within ninety (90) days of receiving plans and specifications for the New Improvement from Tenant (provided that if Landlord begins seeking financing within thirty (30) days of receiving plans and specifications and works diligently to obtain financing thereafter, then such ninety (90) day period shall be extended to one hundred twenty (120) days), then Landlord may elect to proceed with Construction by Tenant instead, by notifying Tenant in writing of such election on or before the last day of such period. Upon the date of occupancy of the New Improvement, the parties shall modify this Lease to (i) include the New Improvement as part of the Premises and (ii) increase the Monthly Base Rent amount payable by an amount equal to 0.75% (i.e., 9% annually, divided by 12 months) multiplied by Landlord’s total construction costs for the New Improvement (which costs shall include hard and soft costs, costs relating to obtaining necessary permits and zoning approvals, reasonable legal fees, building fixtures and furnishings, construction period interest, real estate taxes and sewer and water charges and utilities, design and engineering and other "pre-development costs" and construction period professional management and supervision fees). By way of example, if Landlords total construction costs for a New Improvement were $10,000,000, then the additional Monthly Base Rent would be $75,000 (($10,000,000*9.0%)/12 months = $75,000). The additional Monthly Base Rent resulting from a New Improvement will continue to increase over the Term in accordance with Section 5.06 hereof. The amount of the Security Deposit shall proportionately increase as a result of any increase in the Monthly Base Rent pursuant to this Section 24.03. For the avoidance of doubt, there will not be any additional increase in the Monthly Base Rent due to an increase in the value of the Land that is already part of the Premises.
Construction by Landlord. 4 Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Construction by Landlord. 6 SECTION 5.02 CHANGES AND ADDITIONS BY LANDLORD ...................... 6 SECTION 5.03
Construction by Landlord. Landlord will construct the Building in which the Premises are to be located. The Premises shall be constructed substantially in accordance with Outline Specifications entitled "Landlord's Work" marked Exhibit "C" attached hereto and made a part hereof. it is understood and agreed by Tenant that no minor changes which do not impair Tenant's efficient business use of the Leased Premises from any plans or from said Outline Specifications made necessary during construction of the Premises or the Building shall affect or change this Lease or invalidate same.
Construction by Landlord. Landlord shall not perform any work to the Premises. Tenant shall accept the Premises in as-is condition.
Construction by Landlord. (a) Landlord shall construct and do such other work (collectively, the “Landlord’s Work”) in substantial conformity with the plans and outline specifications of the plan “SK-1” prepared by Pxxxxxxxx Architects Inc. dated May 8, 2006, which have been initialed by the parties, and which are herein incorporated by reference. Prior to the Possession Date, Landlord shall power wash the Building at its sole cost and expense.
Construction by Landlord. Landlord shall construct or cause to be constructed the Building and Leased Premises substantially in accordance with Outline Specifications set forth in Exhibit “C” attached hereto. Landlord’s construction obligation shall include Tenant Improvements pursuant to mutually agreed space layout plans and specifications subject to the provisions of Article VI of this Lease. After consultation with Tenant, Landlord’s architect shall furnish the plans and specifications for the Leased Premises, but the cost thereof shall be charged toward Landlord Contribution. It is understood and agreed by Tenant that no minor changes from any plans or from said Outline Specifications which may be necessary during construction of the Leased Premises or the Building shall affect or change this Lease or invalidate same.
Construction by Landlord. 12 4.1 Landlord's Duty to Construct Improvements.....................................12 4.2
Construction by Landlord. Landlord hereby agrees to perform the construction services set forth below at its sole cost and expense:
