Construction by Tenant. 5.1 Should any claim of lien or other lien be filed against the Premises or the Parking Facility by reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within fifteen (15) days after notice to Tenant of the filing thereof. Should Tenant fail to discharge such lien within such fifteen (15) day period, then Landlord may discharge the same, in which event Tenant shall reimburse Landlord, on demand, for the amount of the lien or the amount of the bond, if greater, plus all administrative costs incurred by Landlord in connection therewith, with interest thereon from the date Landlord discharges such lien at the lesser of twelve percent (12%) per annum or the maximum lawful rate of interest permitted by applicable law. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Agreement or otherwise. Tenant shall have no power to do any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Premises and/or the Parking Facility. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE PARKING FACILITY. TENANT SHALL NOTIFY ANY CONTRACTOR PERFORMING ANY CONSTRUCTION WORK IN THE PREMISES ON BEHALF OF TENANT THAT THIS AGREEMENT SPECIFICALLY PROVIDES THAT THE INTEREST OF LANDLORD IN THE PREMISES SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY TENANT, AND NO MECHANIC’S LIEN OR OTHER LIEN FOR ANY SUCH LABOR, SERVICES, MATERIALS, SUPPLIES, MACHINERY, FIXTURES OR EQUIPMENT SHALL ATTACH TO OR AFFECT THE STATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES, THE PARKING FACILITY, OR ANY PORTION THEREOF. IN ADDITION, LANDLORD SHALL HAVE THE RIGHT TO POST AND KEEP POSTED AT ALL REASONABLE TIMES ON THE PREMISES AND NOTICES WHICH LANDLORD SHALL BE REQUIRED SO TO POST FOR THE PROTECTION OF LANDLORD AND THE PREMISES FROM ANY SUCH LIEN.
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Sources: Ground Lease Agreement, Ground Lease Agreement, Ground Lease Agreement
Construction by Tenant. 5.1 Should any claim of lien (a) All buildings and other improvements constructed by or other lien be filed against the Premises or the Parking Facility by reason of any act or omission on behalf of Tenant or any upon the Demised Premises are referred to in this Lease as the "Improvements." Tenant has informed Landlord that it intends to develop the Demised Premises as the first phase of a two-phase development contemplated by Tenant which may include additional land within the Research Park. Construction on the first phase of Tenant’s agents's development, employeeswhich is subject to Tenant's compliance with the Restrictions, contractors shall commence within one (1) year from final plan approval as set forth in said Restrictions. Submittals toward plan approval shall promptly commence. Tenant has informed Landlord that it intends to construct approximately __________________ (________) square feet of Floor Area in connection with the first phase of construction on the Demised Premises.
(b) Plan submittals as well as construction in connection with any Improvements, once commenced, and all required reviews by Landlord, shall be diligently pursued to substantial completion. Attached hereto as Exhibit C is a listing of documents constituting Tenant's "Preliminary Plan Package", for its first phase of construction. All further plan or representativesdriveway submittals required by the Restrictions will be approved by Landlord for the first phase of construction so long as they are substantially consistent with the Preliminary Plan Package. Tenant, then at its expense and subject to compliance with the Restrictions and all applicable building regulations, may from time to time remodel or demolish any Improvements, or construct other Improvements on the Demised Premises and remodel or demolish such other Improvements. All construction plans for the second phase of Tenant's construction will require separate plan submittal and approval as required by the Restrictions. Tenant shall cause acknowledges and agrees that construction plans for the same to second phase of Tenant's construction will not be canceled and discharged of record by bond or otherwise within fifteen (15) days after notice to granted unless Tenant has acquired a leasehold interest in that portion of the filing thereof. Should Research Park identified as Parcel IA on Exhibit A-1 and has executed an amendment to this Lease in the form of Exhibit D attached hereto.
(c) Tenant fail to discharge such lien within such fifteen (15) day period, then has informed Landlord may discharge the same, in which event Tenant shall reimburse Landlord, on demand, for the amount that development of the lien or the amount Demised Premises will require partial abandonment of Science Drive and relocation of a portion of the bond, if greater, plus all administrative costs incurred by existing infrastructure. Landlord in connection therewith, has approved the partial abandonment of Science Drive subject to final site plan approval and Tenant's compliance with interest thereon from the date Landlord discharges such lien at the lesser City of twelve percent (12%) per annum or the maximum lawful rate of interest permitted by applicable law. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Agreement or otherwiseTempe requirements. Tenant shall have no power to do any act or make any contract that may create or be solely responsible for all costs arising out of the foundation partial abandonment of any lienScience Drive and infrastructure relocation, mortgage or other encumbrance upon the reversionary or other estate including without limitation, utility relocation, City of LandlordTempe fees, or any interest of Landlord in the Premises and/or the Parking Facility. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABORutility participation charges, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE PARKING FACILITY. TENANT SHALL NOTIFY ANY CONTRACTOR PERFORMING ANY CONSTRUCTION WORK IN THE PREMISES ON BEHALF OF TENANT THAT THIS AGREEMENT SPECIFICALLY PROVIDES THAT THE INTEREST OF LANDLORD IN THE PREMISES SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY TENANT, AND NO MECHANIC’S LIEN OR OTHER LIEN FOR ANY SUCH LABOR, SERVICES, MATERIALS, SUPPLIES, MACHINERY, FIXTURES OR EQUIPMENT SHALL ATTACH TO OR AFFECT THE STATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES, THE PARKING FACILITY, OR ANY PORTION THEREOF. IN ADDITION, LANDLORD SHALL HAVE THE RIGHT TO POST AND KEEP POSTED AT ALL REASONABLE TIMES ON THE PREMISES AND NOTICES WHICH LANDLORD SHALL BE REQUIRED SO TO POST FOR THE PROTECTION OF LANDLORD AND THE PREMISES FROM ANY SUCH LIENpermits and development fees.
Appears in 1 contract
Sources: Ground Lease Agreement (Wells Real Estate Investment Trust Inc)
Construction by Tenant. 5.1 Should any claim of lien With respect to construction by Tenant, Tenant, its contractors or other lien agents shall provide Landlord sufficient evidence that it (they) is (are) covered under such workmen's compensation, public liability, and property damage insurance as Landlord may reasonably request for its protection. All such labor shall be filed performed and materials furnished at Tenant's own cost, expense and risk. With respect to any contract for any such labor or materials, Tenant acts as a principal and not as an agent of Landlord. Tenant agrees to indemnify and hold Landlord harmless from all claims (including costs and expenses of defending against the Premises such claims) arising or the Parking Facility by reason of alleged to arise from any act or omission of Tenant or any of Tenant’s 's agents, employees, contractors contractors, subcontractors, laborers, materialmen or representatives, then invitees or arising from any bodily injury or property damage occurring or alleged to have occurred incident to Tenant's work at the Leased Premises. Tenant shall have no authority to place any lien upon tile Leased Premises or any interest therein or in any way to bind Landlord; and any attempt to do so shall be void and of no effect. Landlord expressly disclaims liability for the cost of labor performed or materials furnished by Tenant. If, because of any actual or alleged act or omission of Tenant, any lien, affidavit, charge or order for the payment of money shall be filed against Landlord, the Leased Premises or any portion thereof or interest therein, whether or not such lien, affidavit, charge or order is valid or enforceable, Tenant shall, at its own cost and expense, cause the same to be canceled and discharged of record by bond payment, bonding or otherwise within fifteen not later than thirty (1530) days after notice to Tenant of the filing thereof, but in all events, prior to the foreclosure thereof. Should Tenant fail to discharge such lien within such fifteen (15) day period, then Landlord may discharge the same, in which event Tenant shall reimburse Landlord, on demand, for the amount All of Tenant's construction of the lien or the amount of the bond, if greater, plus all administrative costs incurred by Landlord in connection therewith, with interest thereon from the date Landlord discharges such lien at the lesser of twelve percent (12%) per annum or the maximum lawful rate of interest permitted by applicable law. The remedies provided herein Leased Premises shall be performed in addition a good and workmanlike manner satisfactory to Landlords' architect in accordance with applicable building codes, regulations and all other remedies available to Landlord under this Agreement legal requirements, and shall not interfere with or otherwise. Tenant shall have no power to do delay any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of work being done by Landlord, or any interest of Landlord in the Premises and/or the Parking Facility. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE PARKING FACILITY. TENANT SHALL NOTIFY ANY CONTRACTOR PERFORMING ANY CONSTRUCTION WORK IN THE PREMISES ON BEHALF OF TENANT THAT THIS AGREEMENT SPECIFICALLY PROVIDES THAT THE INTEREST OF LANDLORD IN THE PREMISES SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY TENANT, AND NO MECHANIC’S LIEN OR OTHER LIEN FOR ANY SUCH LABOR, SERVICES, MATERIALS, SUPPLIES, MACHINERY, FIXTURES OR EQUIPMENT SHALL ATTACH TO OR AFFECT THE STATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES, THE PARKING FACILITY, OR ANY PORTION THEREOF. IN ADDITION, LANDLORD SHALL HAVE THE RIGHT TO POST AND KEEP POSTED AT ALL REASONABLE TIMES ON THE PREMISES AND NOTICES WHICH LANDLORD SHALL BE REQUIRED SO TO POST FOR THE PROTECTION OF LANDLORD AND THE PREMISES FROM ANY SUCH LIEN's contractors.
Appears in 1 contract
Construction by Tenant. 5.1 Should any claim of lien or other lien be filed against the Premises or the Parking Facility by reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause construction of the same Tenant ---------------------- Improvements to be canceled completed in a good and discharged of record by bond or otherwise within fifteen (15) days after notice to Tenant workmanlike manner, in compliance with all laws, including, without limitation, any provisions of the filing thereofAmericans with Disabilities Act that may apply to the Tenant Improvements, 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. Should Tenant fail to discharge such lien within such fifteen (15) day period, then Landlord may discharge the same, in which event Tenant shall reimburse competitively bid the work to be completed hereunder to at least two (2) general contractors satisfactory to Landlord, on demandand shall select the lowest bid, for 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 lien or 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) [Intentionally Deleted];
(iii) All costs of preliminary and final architectural and engineering plans, drawings and specifications for the Tenant Improvements, and engineering costs and calculations;
(iv) All costs of obtaining building permits and other necessary authorizations from the applicable governmental authority (e.g., the City in which the Building is located);
(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 reinforcing floors, installing telecommunications and electrical facilities, equipment and wiring necessary for Tenant's use;
(viii) Sewer connection fees, if any;
(ix) A supervision Fee payable to Landlord in the amount of the bond, if greater, plus all administrative costs incurred by Landlord in connection therewith, with interest thereon from the date Landlord discharges such lien at the lesser of twelve two percent (122%) per annum or of the maximum lawful rate of interest permitted total construction cost;
(x) Fire and Builder's Risk insurance and public liability insurance premiums and fees maintained by applicable law. The remedies provided herein shall be in addition Tenant's contractor during construction with respect to all other remedies available the work; and
(xi) Tenant's moving costs and the costs to Landlord under this Agreement or otherwise. Tenant shall have no power to do any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in cable the Premises and/or the Parking Facility. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE PARKING FACILITY. TENANT SHALL NOTIFY ANY CONTRACTOR PERFORMING ANY CONSTRUCTION WORK IN THE PREMISES ON BEHALF OF TENANT THAT THIS AGREEMENT SPECIFICALLY PROVIDES THAT THE INTEREST OF LANDLORD IN THE PREMISES SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY TENANT, AND NO MECHANIC’S LIEN OR OTHER LIEN FOR ANY SUCH LABOR, SERVICES, MATERIALS, SUPPLIES, MACHINERY, FIXTURES OR EQUIPMENT SHALL ATTACH TO OR AFFECT THE STATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES, THE PARKING FACILITY, OR ANY PORTION THEREOF. IN ADDITION, LANDLORD SHALL HAVE THE RIGHT TO POST AND KEEP POSTED AT ALL REASONABLE TIMES ON THE PREMISES AND NOTICES WHICH LANDLORD SHALL BE REQUIRED SO TO POST FOR THE PROTECTION OF LANDLORD AND THE PREMISES FROM ANY SUCH LIENfor telephone and electrical service.
Appears in 1 contract
Construction by Tenant. 5.1 Should any claim of lien or other lien The tenant improvement work set forth in the Approved Plans shall be filed against performed in accordance with the following:
3.1.1 The Tenant Improvements to the 15th Floor Expansion Premises or shall be constructed using the Parking Facility same quality as used by reason Landlord within the Building. Tenant shall diligently prosecute such construction to completion. Tenant shall have the work performed in such a manner so as not to (a) obstruct the access of any act other tenant or omission occupant in the Project, (b) damage any portion of Tenant the Project, including Common Areas, or (c) create dust or dirt in any of Tenant’s agents, employees, contractors or representatives, then Common Areas. Tenant shall cause the same work areas to be canceled cleaned on a daily basis.
3.1.2 All Tenant Improvement work in the 15th Floor Expansion Premises shall be performed by Tenant’s contractors and discharged subcontractors strictly in accordance with the Approved Plans, the provisions of record Title 24 of the California Administrative Code, the Americans with Disabilities Act, and all other applicable Laws, and shall satisfy the requirements of all carriers of insurance on the Premises and the Project, and the Board of Underwriters Fire Rating Bureau or similar organization.
3.1.3 All Tenant Improvements in the 15th Floor Expansion Premises shall be performed in accordance with the reasonable rules and regulations of Landlord.
3.1.4 Prior to the commencement of the Tenant Improvements in the 15th Floor Expansion Premises, Tenant shall notify Landlord in writing of the anticipated date of the commencement of construction to enable Landlord to post a notice of non-responsibility.
3.1.5 Prior to the commencement of the Tenant Improvements in the 15th Floor Expansion Premises, Tenant shall furnish a copy of the Building Permit to Landlord.
3.1.6 Prior to and continuing during the period of Tenant’s access, entry and construction, Tenant’s contractors and subcontractors shall procure and maintain property damage and commercial general liability insurance during the period of their performance of labor or the furnishing of materials to the Premises from an insurance company satisfactory to Landlord. Said insurance shall be as shown on Exhibit B-1, and shall name Landlord and, at Landlord’s request, any Lenders of Landlord or any ground lessor, as additional insureds, as their respective interests may appear. Tenant shall also require each contractor and subcontractor employed to perform labor or furnish materials to the 15th Floor Expansion Premises to procure and maintain, during the performance of the labor or the furnishing of the materials, a policy of workers’ compensation or employer’s liability insurance issued by an insurance company reasonably acceptable to Landlord for the protection of the employees of the contractors and subcontractors, including executive, managerial, and supervisorial employees engaged in any Tenant Improvements to be performed in the Premises. Copies of the policies or certificates evidencing the existence and amounts of such insurance, and renewals or binders, shall be delivered to Landlord by Tenant at least ten (10) days prior to (a) the commencement of Tenant Improvements, or (b) the expiration of any such policy, as the case may be.
3.1.7 Landlord shall have no responsibility for the quality or adequacy of any work performed by Tenant’s contractors or subcontractors, whether with respect to labor, material, or otherwise.
3.1.8 Tenant shall be solely responsible for security in the 15th Floor Expansion Premises during the period of construction. None of Landlord, Landlord’s contractor, or their agents or employees shall have any responsibility whatsoever for the safety of any equipment, tools, materials, fixtures, merchandise, or other personal property located in the 15th Floor Expansion Premises during the period of construction except to the extent damage is caused by the negligence or willful misconduct of Landlord, Landlord’s contractor, or their agents or employees.
3.1.9 The Project and the Premises shall be kept free and clear of any and all mechanics’ or similar liens on account of work performed by Tenant, its contractors or subcontractors. If any such liens are filed, Tenant shall post a release bond pursuant to the provisions of California Civil Code Section 3143 within twenty (20) days following the filing of such lien.
3.1.10 Landlord and Landlord’s Lender shall have access to the 15th Floor Expansion Premises for purposes of inspection at all times during the period of construction.
3.1.11 Tenant shall reimburse Landlord for any and all expenses incurred by Landlord by reason of faulty work performed by Tenant or otherwise within fifteen its contractors or subcontractors, damage to the Project caused by Tenant’s contractors or subcontractors, or as a result of the inadequate clean-up by Tenant’s contractors or subcontractors, including but not limited to reasonable legal fees and costs incurred in connection with Landlord’s enforcement of the provisions of this Subparagraph.
3.1.12 Landlord shall be deemed to be the owner of all of the tenant improvements constructed by Tenant pursuant to this Exhibit “C”, with the exception of Tenant’s trade fixtures which shall include, without limitation, furnishings and equipment, any portable, free-standing partitions, and folding partitions.
3.1.13 Within thirty (1530) days after notice to Tenant Substantial Completion of the filing thereof. Should Tenant fail to discharge such lien within such fifteen (15) day periodImprovements in the 15th Floor Expansion Space, then Landlord may discharge the same, in which event Tenant shall reimburse deliver to Landlord:
(a) Reproducible “as-built” plans and specifications for all tenant improvement work performed by Tenant in the 15th Floor Expansion Premises.
(b) Tenant’s contractor’s completion certificate in form and substance satisfactory to Landlord, on demandand evidence that Tenant’s Work has been performed in accordance with the Permit Plans (as amended with the approval of Landlord).
(c) A copy of a recorded, valid notice of completion.
(d) Copies of signed-off permits, certificates of occupancy for the amount 15th Floor Expansion Premises, and a stamped set of final approved plans evidencing governmental approval of the completion of Tenant’s Work.
(e) Properly executed unconditional final lien or waivers in form complying with California Civil Code Section 3262(d)(4) from all contractors and subcontractors performing any part of Tenant’s Work.
3.1.14 In constructing its Tenant Improvements, Tenant hereby certifies that it will comply with the amount of Responsible Contractor Program Policy summarized Exhibit “C” attached to this Amendment (the bond“RCP”), if greater, plus all administrative costs incurred and agrees to provide Landlord with documentation using the forms approved by Landlord in connection therewith, to certify responsible contractors and establish compliance or good-faith efforts to comply with interest thereon from the date Landlord discharges such lien at the lesser of twelve percent (12%) per annum or the maximum lawful rate of interest permitted by applicable law. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Agreement or otherwise. Tenant shall have no power to do any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Premises and/or the Parking Facility. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE PARKING FACILITY. TENANT SHALL NOTIFY ANY CONTRACTOR PERFORMING ANY CONSTRUCTION WORK IN THE PREMISES ON BEHALF OF TENANT THAT THIS AGREEMENT SPECIFICALLY PROVIDES THAT THE INTEREST OF LANDLORD IN THE PREMISES SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY TENANT, AND NO MECHANIC’S LIEN OR OTHER LIEN FOR ANY SUCH LABOR, SERVICES, MATERIALS, SUPPLIES, MACHINERY, FIXTURES OR EQUIPMENT SHALL ATTACH TO OR AFFECT THE STATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES, THE PARKING FACILITY, OR ANY PORTION THEREOF. IN ADDITION, LANDLORD SHALL HAVE THE RIGHT TO POST AND KEEP POSTED AT ALL REASONABLE TIMES ON THE PREMISES AND NOTICES WHICH LANDLORD SHALL BE REQUIRED SO TO POST FOR THE PROTECTION OF LANDLORD AND THE PREMISES FROM ANY SUCH LIENRCP.
Appears in 1 contract
Sources: Lease (Pandora Media, Inc.)
Construction by Tenant. 5.1 Should The Tenant Improvements shall be constructed by Tenant at Tenant's sole cost and expense in conformance with the Final Plans and Specifications. The Tenant Improvements shall be constructed by Tenant in compliance with all federal, state, city and county laws, codes, ordinances and regulations.
(i) Tenant shall pay all of the permit fees, costs, fees, utility fees, charges and assessments for the construction of the Tenant Improvements which are required to be paid to any claim governmental body or agency for the construction, occupancy or use of lien or other lien be filed against the Premises or Tenant Improvements. Landlord shall pay for the Parking Facility bridge and thoroughfare fees related to the Property ("Bridge Fee"), which is based upon Three Dollars Ten Cents ($3.10) per square foot of Building area, including the mezzanine area ("Current Bridge Fee"). If the Tenant Improvements requested by Tenant cause the Bridge Fee relating to the Property to exceed for any reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representativesthe Current Bridge Fee, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within fifteen (15) days after notice to Tenant of the filing thereof. Should Tenant fail to discharge such lien within such fifteen (15) day period, then Landlord may discharge the same, in which event Tenant shall reimburse Landlord, on demand, responsible for paying for the amount of such increase in the lien or Bridge Fee for the amount of the bond, if greater, plus all administrative costs incurred by Landlord in connection therewith, with interest thereon from the date Landlord discharges such lien at the lesser of twelve percent (12%) per annum or the maximum lawful rate of interest permitted by applicable law. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Agreement or otherwiseentire Property. Tenant shall pay for the increase in the Bridge Fee under the immediately preceding sentence by payment of such amount to Landlord at the time that the building permits for the Tenant Improvements are to be obtained from the City of Calabasas (even if the City of Calabasas allows Landlord to defer the payment of such Bridge Fee by the City of Calabasas recording a covenant or encumbrance against the Property or receiving other contractual promises from the Landlord to pay such Bridge Fee).
(ii) Tenant shall pay all of the costs of any space planners, designers, architectural costs, engineering costs and construction costs of the Tenant Improvements (except as to that amount for the preliminary space planner's fee which Landlord has agreed to pay for under subparagraph 2.3(a)(iii) above).
(iii) All of the Tenant Improvements shall become part of the Property, shall be maintained and repaired by Tenant as part of the Property under the Lease, and none of the Tenant Improvements may be removed by Tenant upon the termination of the Lease.
(iv) Tenant shall have the right to hire a general contractor of Tenant's choice to construct the Tenant Improvements. Landlord shall have the right to review and approve of Tenant's choice of general contractors, which approval shall not be unreasonably withheld. Tenant shall enter into the contract with the general contractor. Landlord shall have the right to review and approve such contract prior to Tenant's entering into same, which approval shall not be unreasonably withheld; provided, however, that Landlord may not request any changes to such general contractor's contract which would materially cause an increase in the cost of the construction of the Tenant Improvements, materially delay the completion of the Tenant Improvements or the design of the Tenant Improvements. Regardless of Landlord's approvals, Tenant shall be responsible for all of the liabilities and obligations of the Tenant under such contract and Landlord shall have no power liability or obligations thereunder.
(v) Landlord shall use its reasonable efforts to do any act allow Tenant to begin construction of the Tenant Improvements as soon as possible during the construction of the Building Shell. See subparagraph 1.3(b) for the definition of the Tenant Improvements Start Date. Tenant agrees to have Tenant's contractors coordinate with Landlord and Landlord's contractors, and not interfere with same, in order that the construction of the Shell is not delayed by the construction of the Tenant Improvements. Similarly, Landlord agrees to have Landlord's Shell general contractor coordinate with Tenant's Tenant Improvements general contractor (if different from the Shell general contractor).
(vi) Tenant shall be responsible that the general contractor that constructs the Tenant Improvements: (i) has adequate insurance, including liability insurance, and designates Landlord as an additional insured under such liability insurance; and (ii) has adequate workers compensation insurance. Any costs of builder's risk insurance (whether obtained by Landlord or otherwise) which is allocated to the Tenant Improvements shall be paid by Tenant or reimbursed to Landlord. Landlord shall be designated as the loss payee for such builder's risk insurance. If Landlord receives proceeds from such builder's risk insurance which are designated by such policy for the Tenant Improvements, then Landlord agrees to utilize such proceeds (or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Premises and/or the Parking Facility. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE PARKING FACILITY. TENANT SHALL NOTIFY ANY CONTRACTOR PERFORMING ANY CONSTRUCTION WORK IN THE PREMISES ON BEHALF OF TENANT THAT THIS AGREEMENT SPECIFICALLY PROVIDES THAT THE INTEREST OF LANDLORD IN THE PREMISES SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY TENANT, AND NO MECHANIC’S LIEN OR OTHER LIEN FOR ANY SUCH LABOR, SERVICES, MATERIALS, SUPPLIES, MACHINERY, FIXTURES OR EQUIPMENT SHALL ATTACH TO OR AFFECT THE STATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES, THE PARKING FACILITY, OR ANY PORTION THEREOF. IN ADDITION, LANDLORD SHALL HAVE THE RIGHT TO POST AND KEEP POSTED AT ALL REASONABLE TIMES ON THE PREMISES AND NOTICES WHICH LANDLORD SHALL BE REQUIRED SO TO POST FOR THE PROTECTION OF LANDLORD AND THE PREMISES FROM ANY SUCH LIEN.such
Appears in 1 contract