Construction of Demised Premises. (a) Within thirty (30) days following the Lease Date, Landlord shall prepare, at Landlord's sole cost and expense, and submit to Tenant a set of plans and specifications and/or construction drawings (collectively, the "Plans and Specifications") covering all work to be performed by Landlord in constructing the Improvements (as defined in Section 8(a)(ii)), which Plans and Specifications shall be based on the preliminary plans and specifications set forth on Exhibit B attached hereto and incorporated herein, including, without limitation, Tenant's operational plan (the "Operational Plan") incorporated therein by reference (collectively, the "Performance Specifications"), it being agreed by Landlord and Tenant that, unless specifically noted on a separate summary sheet attached to the final Plans and Specifications and agreed to and initialed by authorized employees or agents of Landlord and Tenant, in the event of any conflict between the Plans and Specifications and such Performance Specifications, the latter shall control. Tenant shall have five (5) business days after receipt of the plans and specifications in which to review and to give to Landlord written notice of its approval of the plans and specifications or its requested changes to the Plans and Specifications. Tenant shall have no right to request any changes to the plans and specifications which would materially alter the exterior appearance or basic nature of the Building, as the same exist as of the Lease Date or are otherwise contemplated by the Performance Specifications. If Tenant fails to approve or request changes to the Plans and Specifications by five (5) business days after its receipt thereof, then Tenant shall be deemed to have approved the Plans and Specifications and the same shall thereupon be final. If Tenant requests any changes to the Plans and Specifications, Landlord shall make those changes which are reasonably requested by Tenant and shall within ten (10) days of its receipt of such request submit the revised portion of the Plans and specifications to Tenant. Tenant may not thereafter disapprove the revised portions of the Plans and specifications unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the Plans and specifications, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant acknowledges that the Improvements are being constructed on a "fast tra...
Construction of Demised Premises. Tenant hereby expressly acknowledges and agrees that it shall accept, and shall be deemed to have accepted, the Demised Premises AS IS, WHERE IS, and as suitable for the purposes for which the same are leased hereby and, upon request by Landlord, shall execute and deliver to Landlord a letter of acceptance in which Tenant (i) accepts the Demised Premises AS IS, WHERE IS and (ii) confirms that the Lease Commencement Date, the Base Rent Commencement Date and the Expiration Date remain as set forth in Section 1, or if revised pursuant to the terms hereof, setting forth such dates as so revised.
Construction of Demised Premises. Notwithstanding the provisions of Section 17(b) of this Lease, in the event that Landlord is unable to substantially complete the Demised Premises for occupancy by Tenant on or before June 1, 1999, as extended by Delay (as defined below), rent shall xxxxx two (2) days for every day that substantial completion has not occurred after June 1, 1999, but before July 1, 1999. In the event that Landlord is unable to substantially complete the Demised Premises for occupancy by Tenant on or before July 1, 1999, as extended by Delay Tenant may, at its option, terminate this Lease by written notice to landlord given on or before July 1, 1999, as extended by Delay (provided that substantial completion has not occurred prior to Landlord's receipt of said termination notice), in which event Landlord shall return the Tenant Construction Amount to Tenant and thereafter neither Landlord nor Tenant shall have any further obligations hereunder. For purposes of this Special Stipulation 8, "Delay" shall mean delays incurred by reason of Tenants failure to approve the Plans and Specifications as set forth in Section 17(a) of this Lease or changes requested by Tenant in the Plans and Specifications after Tenant's approval thereof, and for such additional time as is equal to the time lost by Landlord or Landlord's contractors or suppliers in connection with the performance of Landlord's work and/or the construction of the Demised Premises and related improvements due to strikes or other labor troubles, governmental restrictions and limitations, or other national emergency, non-availability of materials or supplies, delay in transportation, accidents, floods, fire, damage or other casualties, weather or other conditions, acts or omissions of Tenant, or delays by utility companies in bringing utility lines to the Demised Premises.
Construction of Demised Premises. (a) Notwithstanding the provisions of Section 18 of this Lease, Landlord shall be responsible for the cost of the construction of the interior improvements within the Demised Premises only up to an amount equal to $2,000,000.00 (the "Tenant Allowance"). Upon substantial completion of said interior improvements, Landlord shall deliver to Tenant a xxxx for all amounts in excess of the Tenant Allowance. Tenant agrees to pay such xxxx in fall. to Landlord within thirty (30) calendar days following receipt of such xxxx.
Construction of Demised Premises. (a) Landlord and Tenant have agreed on a set of plans and specifications and/or construction drawings (collectively, the “Plans and Specifications”) as set forth on Exhibit B attached hereto and incorporated herein, covering all work to be performed by Landlord in constructing the Improvements (as defined in Section 8(a)(ii)). Any changes to the Plans and Specifications, and the related costs of construction, requested by Tenant or to comply with any law, rule, or ordinance as a result of Tenant’s particular use of the Demised Premises (collectively, “Tenant Changes”) shall be at Tenant’s sole cost and expense and subject to Landlord’s written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant agrees to pay the xxxx for such changes and costs in full to Landlord within ten (10) calendar days following receipt of such xxxx. If completion of construction of the Improvements is delayed beyond the Lease Commencement Date as a result of Tenant Changes, the Term and Tenant’s obligation to pay Base Rent hereunder shall nevertheless begin on the Lease Commencement Date.
Construction of Demised Premises. Landlord shall construct the Demised Premises in substantial conformity with the Plans. After the execution of this Lease, Tenant may change the Plans, only if approved by the Landlord. Upon Tenant’s request, Landlord may agree, in its sole discretion, to allow minor deviations and changes in the Plans. However, if Landlord consents to Tenant’s requested changes, the Lease Commencement Date shall be extended by the number of days Landlord determines shall be reasonably necessary to accommodate those changes. Any changes in the Plans shall be subject to an increase in cost, which shall be the responsibility of and shall be born by Tenant. If, at any time after execution of this Lease, Landlord determines, in its sole discretion, that construction of the Demised Premises cannot be complete by Landlord prior to the Lease Commencement Date, Landlord may extend the Lease Commencement Date by giving Tenant written notice thereof. Except as expressly provided by this Lease, Landlord shall have no liability to Tenant for any loss or damage resulting from Landlord’s failure to construct or Landlord’s delays in construction of the Demised Premises.
Construction of Demised Premises. If Landlord makes any improvements or constructs or installs any items or equipment for Tenant in the Demised Premises, all costs in connection therewith shall be paid by Tenant within fifteen (15) days after receipt of a xxxx therefor, as specified and described on Exhibit C of this Lease. Tenant hereby acknowledges that the Demised Premises are in the condition called for by this Lease an that Landlord has performed all of Landlord's work, if any, with respect thereto.
Construction of Demised Premises. (a) Notwithstanding the provisions of Section 17 of this Lease, Landlord shall be responsible for the cost of the construction of the Improvements only up to an amount equal to $237,794.40 (based on $1.20 per square foot of the Demised Premises) (the "Tenant Allowance"). If the entire Tenant Allowance is not utilized as of the Lease Commencement Date, any un-used portion shall be forfeited. Upon Substantial Completion of the Improvements, Landlord shall deliver to Tenant a xxxx (“Landlord’s Notice”) for all amounts in excess of the Tenant Allowance (collectively, the “Excess Cost”). Tenant agrees to pay any Excess Cost in full to Landlord within ten (10) calendar days following receipt of Landlord’s Notice (the “Payment Period”).
Construction of Demised Premises. The following shall be added to Article 17 of the Lease: Tenant has personally inspected the Demised Premises and accepts the same "as is" without representation or warranty by Landlord of any kind and with the understanding that Landlord shall have no responsibility with respect thereto except that Landlord agrees to perform and complete the work on the tenant finish improvements for the Additional Space as set forth in Exhibit B-1 attached hereto and shall give Tenant written notice of the day on which Landlord expects to complete such work. Landlord agrees to pay Thirty-one Thousand Eight Hundred Thirty-eight Dollars and Ninety-four Cents ($31,838.94) toward the cost of the tenant finish improvements and Tenant agrees to pay Thirty-one Thousand Eight Hundred Thirty-eight Dollars and Ninety-four Cents ($31,838.94) toward the cost of the tenant finish improvements. Tenant shall pay Fifteen Thousand Nine Hundred Nineteen Dollars and Forty-seven Cents ($15,919.47) of its portion upon the execution of this Amendment and the remaining amount on the date Landlord delivers the Additional Space to Tenant. Upon completion of the work in the Additional Space, Tenant shall execute a letter of understanding as referred to in Article 17 of the Lease.
Construction of Demised Premises. The Demised Premises shall be accepted "as-is".
