Construction of the Tenant Improvements. Landlord shall construct the Tenant Improvements in accordance with this exhibit and the construction contract to be executed by Landlord and its contractor(s). The construction contract for constructing the Tenant Improvements and the contractor(s) to perform the work shall be approved and/or selected, as the case may be, by Landlord at its sole and absolute discretion without the consent of Tenant.
Construction of the Tenant Improvements. 4.1 Tenant’s Selection of Contractor and Tenant’s Agents.
Construction of the Tenant Improvements. Tenant shall complete all Tenant Improvements at Tenant’s sole cost and expense (subject to reimbursement by the Allowance as provided in Section 17 of this Exhibit C), including without limitation the costs of changes, code compliance work, and upgrades to the base, shell & core of the Building or to any major Building Systems such as fire, life safety, electrical, mechanical, and structural, as may be required by the Working Drawings or applicable permitting authorities, and whether or not such changes or upgrades are due to the fact that such work is prepared on an unoccupied Exhibit C basis. The construction shall be performed in a good and workmanlike manner and in compliance with all applicable rules, laws, codes and regulations, including all rules, regulations and safety procedures reasonably established by Landlord. Once commenced, Tenant shall diligently pursue construction of the Tenant Improvements to completion. All construction of the Tenant Improvements shall be coordinated through Landlord’s Construction Representative or property manager. Tenant shall obtain Landlord’s written approval prior to the performance of any additional Tenant Improvement work, such approval not to be unreasonably withheld, delayed, or conditioned. If, at any time prior to completion of the Tenant Improvements, Tenant or Tenant’s Contractor requests a change order or orders, which in the aggregate, exceed ten percent (10%) of the amount of any payment and performance bond required by Landlord, Tenant shall cause the amount of the bonds to be increased to cover the cost of the additional work. During construction of the Tenant Improvements, the Premises shall be open during working hours for inspection by the Landlord’s Construction Representative and/or property manager. Upon completion of the Tenant Improvements, the Landlord’s Construction Representative and property manager shall perform a final inspection for conformance of the Tenant Improvements to the Working Drawings. Any and all work performed by Tenant’s Contractor shall be performed in a manner to avoid any labor dispute which results in a stoppage or impairment of work, deliveries or any other service in the Building. If there shall be any such stoppage or impairment as the result of any such labor dispute, Tenant shall take reasonable actions to proceed such as establishing a dual gate system.
Construction of the Tenant Improvements. Promptly following the Delivery Date, Tenant shall commence permitting and construction of the Tenant Improvements and diligently prosecute the same to completion in a good and workmanlike manner. The Tenant Improvements shall be constructed in accordance with the Plans and Specifications. Tenant shall complete the construction of the Tenant Improvements in accordance with all Governmental Requirements and Tenant shall promptly notify Landlord if it discovers aspects of the Plans and Specifications that, if constructed, would result in violation of any applicable Governmental Requirements. The Tenant Improvements shall be subject to, and in compliance with the Union Requirement (defined below), and pursuant to all other terms and conditions of the Lease. Landlord shall cooperate with Tenant (including, without limitation, signing applications for Building Department permits and path of travel drawings, if and to the extent available) in Tenant’s efforts to obtain any permits and certificates of occupancy necessary in connection with the construction of the Tenant Improvements; provided that, Tenant shall reimburse Landlord on demand for any reasonable out-of-pocket costs incurred by Landlord, including reasonable attorneys’ fees, in connection therewith. Tenant shall be permitted to use the freight elevators on a non-exclusive, first-come, first-served basis during Building Standard Hours at no charge to Tenant during the construction of the Tenant Improvements. The “Union Requirement” shall mean the obligation that the contractors and each subcontractor of every tier used by Tenant shall for the duration of its contract (a) be a party to or bound by a collective bargaining agreement applicable to the geographic area in which the Building is located, applicable to the trade or trades in which the work under the contract is to be performed, and entered into with one or more labor organizations affiliated with the Building and Construction Trades Department of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated locals, and (b) solely employ members of such labor organizations to perform work within their respective traditional jurisdictions.
Construction of the Tenant Improvements. 3.1 The Leased Premises consists of two existing, contiguous spaces which were previously leased to other tenants. Tenant is taking the Leased Premises in its “as is” condition, subject to modifications as shown on the Plans (as hereafter defined) to be prepared by Tenant (“Tenant Improvements”). The Landlord shall provide all necessary labor and materials and perform all the work required to complete the Tenant Improvements in order to ready the same for Tenant’s occupancy. Tenant’s designated representative for all work pertaining to the Tenant Improvements shall be Xxxx Xxxxxxxx or such other person as is designated in writing by Tenant (“Representative”). The Landlord shall supervise and direct the work on the Tenant Improvements using Landlord’s best skill and attention, and Landlord shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the work on the Tenant Improvements. Landlord warrants to the Tenant that all materials and equipment incorporated in the Tenant Improvements will be new unless otherwise specified, and that all work on the Tenant Improvements will be of good quality, free from known faults and defects, and in substantial conformity with the Plans.
Construction of the Tenant Improvements. (a) Tenant shall construct and install the Tenant Improvements in a good and workmanlike manner, in compliance with all Laws and in accordance with this Exhibit B. Tenant’s proposed architect/engineer, general contractor, and fire protection, plumbing, HVAC and electrical subcontractors are subject to Landlord’s prior approval. Promptly following the selection and approval of the architect/engineer, Tenant shall forward to said architect/engineer (and copy Landlord on the transmittal) Landlord’s building standards heretofore delivered to Tenant, and Tenant shall cause said architect/engineer to comply with said building standards. Promptly following the selection and approval of the general contractor, Tenant shall forward to said general contractor (and copy Landlord on the transmittal) Landlord’s fire protection, plumbing, HVAC and electrical specifications and Landlord’s rules of conduct, all of which have been delivered to Tenant prior to the date of this Lease, and Tenant shall cause said general contractor to comply with said specifications and rules of conduct. At Landlord’s request, Tenant shall coordinate a meeting among Landlord (who will reasonably make its representative available for such meeting), Tenant and Tenant’s general contractor to discuss the Building systems and other matters related to the construction of the Tenant Improvements.
Construction of the Tenant Improvements. 3.1 The Leased Premises consists of the entire Building currently leased to Tenant. Tenant is taking the Leased Premises in its “as is” condition subject to modifications as shown on the Plans (as hereafter defined) to be prepared by Tenant (“Tenant Improvements”). The Landlord shall provide all necessary labor and materials and perform all the work required to complete the Tenant Improvements. Tenant’s designated representative for all work pertaining to the Tenant Improvements shall be Xxxx Xxxxxxxx and or such other person as is designated in writing by Tenant (“Representative”). The Landlord shall supervise and direct the work on the Tenant Improvements using Landlord’s best skill and attention, and Landlord shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the work on the Tenant Improvements. Landlord warrants to the Tenant that all materials and equipment incorporated in the Tenant Improvements will be new unless otherwise specified, and that all work on the Tenant Improvements will be of good quality, free from known faults and defects, and in substantial conformity with the Plans.
Construction of the Tenant Improvements. (a) Tenant's Selection of Contractors.
Construction of the Tenant Improvements. Construction or installation of the Tenant Improvements shall be performed by a licensed general contractor or contractors selected by Tenant and approved by Landlord, such approval not to be unreasonably withheld or conditioned and shall be approved or denied within five (5) business days (the “Tenant’s Contractor,” whether one or more), pursuant to a written construction contract negotiated and entered into by and between the Tenant’s Contractor and Tenant and reasonably approved by Landlord. Landlord hereby approves of the following contractors if selected by Tenant for the Tenant Improvements: (i) Xxxxxx Building Corporation, (ii) Xxxxx, (iii) Corporate Contractors, (iv) Environmental, (v) Sierra Pacific, and (vi) KPRS. In addition, Landlord approves of ARC as the engineer for MEP work in connection with the Tenant Improvements. Landlord agrees that Tenant shall not be required to hire any union labor in connection with the Tenant Improvements; provided, however, Tenant hereby agrees that it shall not retain (or cause to be retained through its general contractor) any general contractor or subcontractor that will create any labor disharmony or disruption at the Building or Project and that Landlord shall be permitted to either disapprove of such general contractors or subcontractors and/or direct Tenant to immediately cease using any such general contractors and/or subcontractors that create any such labor disharmony or disruption; provided, however, Landlord agrees that Tenant shall have the right to cure any disharmony or disruption through maintenance of a dual gate system. Each such contract shall (i) obligate Tenant’s Contractor to comply with all non-discriminatory rules and regulations of Landlord relating to construction activities in the Building (a copy of the current construction rules and regulations being attached hereto as Exhibit B-1), (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following ...
Construction of the Tenant Improvements. 4.1Contractor. A contractor designated by Landlord, and reasonably approved by Tenant ("Contractor") shall construct the Tenant Improvements. In addition, Landlord shall have the right to select and/or approve of any subcontractors used in connection with the Tenant Improvements, provided that Landlord shall cause the Contractor to bid the major trade items for the Tenant Improvements (as determined by Landlord in Landlord's good faith reasonable discretion) to a minimum of three (3) subcontractors per trade, and the subcontractor with the lowest bid that commits to Landlord's scheduling requirements (after adjustment for inconsistent qualifications, clarifications and exclusions) shall be selected. All bids obtained by the Contractor from subcontractors shall be on an open book basis with Tenant. Where it is not practical and/or reasonable to bid any element of the Tenant Improvements (as determined by Landlord in Landlord's reasonable discretion), then Landlord shall select a subcontractor in its good faith and reasonable discretion.
