Construction by Tenant Clause Samples

Construction by Tenant. Tenant shall not make any improvements or modifications, do any construction work on the Leased Premises, or alter, modify, or make additions, improvements, replacements, or repairs, except emergency repairs, to any structure now existing or built without prior written approval of County. Tenant shall not install any fixtures, other than Trade Fixtures, without the prior written approval of County. In the event that any construction, improvement, alteration, modification, addition, repair, excluding emergency repairs, or replacement is made without County approval, or done in a manner other than as approved, County may, at its discretion, (i) terminate this Lease in accordance with the provisions herein; or (ii) require Tenant to remove the same; or (iii) require Tenant to change the same to the satisfaction of County. In case of any failure on the part of Tenant to comply, County may, in addition to any other remedies available to it at law or in equity, effect the removal or change referenced above in this Section and Tenant shall pay the cost thereof to County plus fifteen percent (15%) of the costs for administration.

Construction by Tenant of Alterations shall be governed ----------- by the following:

Construction by Tenant. 1. Following the date Landlord completes Landlord’s Construction Obligations, Tenant shall promptly commence and thereafter shall diligently pursue to completion all of the matters entering into Tenant’s Construction Obligations and such matters shall be performed or accomplished in accordance with the applicable law, in a good and workmanlike manner, by contractors approved in writing by Landlord, and in such manner as to maintain harmonious and suitable labor relations and working conditions. Tenant shall timely obtain all licenses or permits required for the work performed by Tenant and Tenant shall obtain all permits and licenses required for the Build Out Work. 2. Tenant and its agents shall be have a license to enter the Leased Premises thirty (30) days prior to the Commencement Date to prepare the Leased Premises for Tenant’s use and occupancy. Any entry shall be subject to the satisfaction of the following ongoing conditions by Tenant: (a) working in harmony with Landlord and Landlord’s agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; (b) obtaining in advance Landlord’s approval of the contractors proposed to be used by Tenant, if any; (c) providing, in advance of any work, security satisfactory to Landlord for the completion thereof; (c) providing, upon completion of work and/or payment for work, the contractor’s affidavit for the proposed work and the waivers of lien from the contractor and all subcontractors and suppliers of material; and (e) furnishing Landlord with such insurance or bond as Landlord may require against liabilities that may arise out of such entry. If Tenant is not in compliance with the foregoing, Landlord shall have the right to withdraw such license for any reason upon twenty-four (24) hours written notice to Tenant. Landlord shall not be liable in any way for any injury, loss or damage that may occur to any of Tenant’s property or installations in the Leased Premises prior to the Commencement Date, unless caused entirely by the gross negligence or willful misconduct of Landlord or Landlord’s representatives. Tenant shall protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or its agents, contractors, suppliers or workmen in the Leased Premises or the Building, unless caused by the gross negligence or willful misconduct of Landlord or Landlord’s representatives. Any entry...

Construction by Tenant. Tenant shall cause construction of the ---------------------- Tenant Improvements to be completed in a good and workmanlike manner, in compliance with all laws, including, without limitation, the Americans with Disabilities Act, and at Tenant's sole cost and expense (except for the items to be completed by Landlord hereunder), subject to the payment of the Tenant Improvement Allowance. Tenant shall competitively bid the work to be completed hereunder to at least two (2) general contractors reasonably satisfactory to Landlord, and shall select the lowest bid, after adjusting the assumptions of each bid to provide an "apples to apples" comparison of cost. The final Construction Contract, including, without limitation, the schedule of progress payments and the amount of retention provided therein shall be subject to the reasonable approval of Landlord. The Tenant Improvements cost ("Tenant Improvements Cost") to be paid by Landlord, up to the Tenant Improvement Allowance shall include, but not be limited to: (i) Costs to demolish the existing Tenant Improvements and fixtures on each floor; (ii) Costs of any structural or ADA upgrades required as a result of Tenant's construction, but excluding any costs repair of any patent or latent structural defects or of ADA compliance that are the responsibility of Landlord under the Lease; (iii) All costs of preliminary and final architectural and engineering plans, drawings and specifications for the Tenant Improvements, and engineering costs and calculations; (v) All costs of interior design and finish schedule plans, drawings and specifications including as-built drawings; (vi) All direct and indirect costs of procuring and installing Tenant Improvements in the Premises, including the contractor's fee for overhead and profit, the cost of all of contractor's on-site supervisory and administrative staff, office, equipment and temporary services provided in connection with construction of the Tenant Improvements; (vii) Costs of installing telecommunications and electrical facilities, equipment and wiring necessary for Tenant's use and costs of reinforcing floors if required in connection with the particular proposed improvements to be constructed by Tenant and not otherwise generally required by code, but not structural seismic improvements, which shall be made by Landlord, unless the Premises are in compliance with seismic requirements as of the date Tenant commences its construction and such upgrade is required as a r...

Construction by Tenant. The provisions of this Section 24.02 shall apply only in the event of Construction by Tenant. Tenant may, in its discretion, elect to cancel the New Improvement or construct the New Improvement at Tenant’s sole cost and expense. In the event Tenant proceeds with construction, Landlord will cooperate with Tenant to obtain all necessary approvals and permits, at no cost to Landlord. Upon the date of occupancy of the New Improvement, the parties shall modify this Lease to include the New Improvement as part of the Premises; however, the Monthly Base Rent under this Lease shall not increase in connection with Construction by Tenant of a New Improvement. In the event of Construction by Tenant, Tenant shall reimburse Landlord for all of Landlord’s reasonable and actual costs incurred in connection with the construction of such New Improvements, including without limitation, any engineering, architectural, or design review fees or costs, legal fees incurred by Landlord and construction management and supervision fees in connection with such New Improvements.

Construction by Tenant. In the event that this Lease requires Tenant's interior finish to be constructed by Tenant or a contractor hired directly by Tenant, all procedures regarding the preparation of plans and construction drawings shall remain as indicated herein. The procedures regarding bidding, contracting for, and payment described herein shall not apply. Tenant may not proceed with any construction until all plans have been approved in writing by Landlord. Tenant shall perform all work in accordance with Exhibit "D".

Construction by Tenant. 1. During the Term of this Lease, Tenant may, with the prior written approval of the City Manager or his designee, construct, add to or alter the Tenant Improvements on the Premises subject to all terms and conditions set forth herein. Any such construction, including construction of the Tenant Improvements, any addition, or any alteration will be performed in a workmanlike manner in accordance with all applicable governmental regulations and requirements and the Airport Standards, and shall not weaken or impair the structural strength of any existing improvement or reduce the value of the Premises or any improvements thereon. The approval of the City Manager or his designee shall not be required for interior alterations or improvements, provided that such interior alterations or improvements do not require Tenant to obtain a building permit pursuant to City Ordinance for such interior alterations or improvements. Within thirty

Construction by Tenant. All work described in the working drawings (the "Leasehold Improvements") shall be performed by Tena▇▇'▇ ▇eneral contractor, the identity of which must be approved by Landlord, which approval shall not be unreasonably withheld. The construction of the Leasehold Improvements shah be coordinated with any work being performed by Landlord in such manner as to maintain harmonious labor relations and not to damage or, in Landlord's reasonable opinion, unreasonably interfere with operations of or require the making of any structural changes to the Office Component. Before commencing construction of the Leasehold Improvements, Tenant at its own expense shall provide any necessary appropriate riders for fire and extended coverage and comprehensive general public liability and property damage insurance covering the risks during the course of such work and certificates showing that necessary Workmen's Compensation and Employer's Liability Insurance has been taken out to protect all employees engaged in the work during the course of such -61- 62 construction. The provisions of Sections 3.1 and 6.1.7 of this Lease shall apply to any work done by Tenant or any agent, employee, invitee or visitor of Tenant under this Section.

Construction by Tenant. Tenant shall be solely responsible for the construction of the Tenant Improvements in and about the Premises. Tenant shall construct the Tenant Improvements in accordance with the approved Plans and in accordance with all rules, regulations, codes, statutes, ordinances and laws of all government and quasi-governmental authorities and in a good and workmanlike manner, Landlord shall have no responsibility whatsoever for the construction of the Tenant Improvements. The Tenant Improvements shall be constructed with new materials of good quality and with adequately trained and supervised labor using currently approved methods of their particular trade.