Common use of Construction by Tenant Clause in Contracts

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 and occupation permitted under this Paragraph shall be governed by the terms of the foregoing license to enter.

Construction by Tenant. 1At such time as construction has progressed to a suitable point, Landlord, or Landlord's architect or supervising contractor, shall notify Tenant in writing that work on the items or elements entering into Tenant's Construction Obligation may begin. Following the date Landlord completes Landlord’s Construction Obligations, Upon receipt of such notice Tenant shall promptly commence and thereafter shall diligently pursue to completion all of the matters entering into Tenant’s 's Construction Obligations Obligation 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. 2Tenant. Tenant and its agents shall be have shall, at Landlord's request, furnish Landlord with a license bond or bonds assuring payment to enter the Leased Premises thirty (30) days prior to the Commencement Date to prepare the Leased Premises for all those furnishing labor, materials, or services in connection with Tenant’s use and occupancy's Construction Obligation. Any entry work or change which Tenant desires to accomplish and which is not reflected by Tenant's Plans shall be subject to the satisfaction of the following ongoing conditions by Tenant: Landlord's prior written approval (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 not to be used by unreasonably withheld). Upon completion of Tenant's Construction Obligation, if any; (c) providing, in advance of any work, security satisfactory Tenant shall furnish to Landlord a complete set of "as built" plans and specifications for the completion thereof; (c) providing, upon completion of work and/or payment for work, the contractor’s affidavit for the proposed work items 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 elements entering into 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 and occupation permitted under this Paragraph shall be governed by the terms of the foregoing license to enter's Construction Obligation.

Construction by Tenant. 1. Following the date Landlord completes Landlord’s Construction Obligations, (a) Tenant shall promptly commence and thereafter shall diligently pursue construct a building on the Demised Premises, consisting of approximately 97,963 square feet of Floor Area. Such construction, which is subject to completion all of the matters entering into Tenant’s Construction Obligations and such matters shall be performed or accomplished in accordance 's compliance with the applicable lawRestrictions, shall commence within one (1) year from final Plan approval as set forth in a good said Restrictions. Submittals toward Plan approval shall promptly commence. (b) Plan submittals as well as construction in connection with any Improvements, once commenced, and workmanlike manner, by contractors approved in writing all required reviews 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 diligently pursued to substantial completion. Attached hereto as Exhibit C is a license to enter listing of documents constituting Tenant's "Preliminary Plan Package." All further plan or driveway submittals required by the Leased Premises thirty (30) days prior to Restrictions will be approved by Landlord so long as they are substantially consistent with the Commencement Date to prepare the Leased Premises for Preliminary Plan Package. Tenant’s use , at its expense 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 foregoingRestrictions and all applicable building regulations, Landlord shall have may from time to time remodel or demolish any Improvements, or construct other Improvements on the right Demised Premises and remodel or demolish such other Improvements. Tenant may construct, remodel, or demolish the interior of the Improvements as it may desire from time 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 time and nothing in the Leased Premises prior Restrictions shall be construed to the Commencement Date, unless caused entirely by the gross negligence or willful misconduct require any approval 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 and occupation permitted under this Paragraph shall be governed by the terms of the foregoing license to enterwith respect thereto.

Construction by Tenant. 1. Following the date Landlord completes Landlord’s Construction Obligations, Tenant shall promptly commence select a contractor reasonably acceptable to Landlord ("Tenant's Contractor") to construct the Tenant Improvements and thereafter shall diligently pursue to completion all be responsible for the construction within the Premises of the matters entering into Tenant’s Construction Obligations and such matters shall be performed or accomplished Tenant Improvements, 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 conditionsFinal Plans. Tenant shall timely obtain work diligently to accomplish substantial completion of construction of the Tenant Improvements in accordance with the Final Plans. The quantities, character and manner of installation of all licenses or permits required for of Tenant's work in 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 limitations imposed by any application regulations, laws, ordinances, codes and rules and Tenant shall construct the Tenant Improvements in conformance therewith. The Tenant Improvements shall be deemed to be substantially completed when Tenant's Architect certifies in writing to Landlord and Tenant that Tenant's Contractor has substantially performed all of the following ongoing conditions by Tenant: (a) working Tenant Improvements work in harmony accordance with Landlord the Final Plans; and Landlord’s agents, contractors, workmen, mechanics and suppliers and with other tenants and occupants of the Building; (b) obtaining in advance Landlord’s Tenant's Contractor has obtained a temporary certificate of occupancy or other required approval from the local governmental authority permitting occupancy of the contractors proposed to be used by Premises. 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 's Contractor shall guaranty all work and the waivers of lien Tenant Improvements for one (1) year from the contractor and all subcontractors and suppliers earlier of material; and (e) furnishing Landlord with such insurance the Commencement Date or bond as Landlord may require against liabilities that may arise out the commencement of such entry. If Tenant is not in compliance with the foregoingwarranty for those items covered by manufacturer's or vendor's warranties and, 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 Dateextent possible, 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 and occupation permitted under this Paragraph such warranties shall be governed by the terms of the foregoing license assignable to enterLandlord.