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 delayed (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 approved by Landlord. Each such contract shall (i) obligate Tenant’s Contractor to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (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 final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Tenant Improvements; provided, however, Landlord shall be permitted to withhold its consent to a contractor proposed to be utilized by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contract...
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. 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. Promptly following the execution of the construction contract pursuant to Section 5, Landlord shall direct Landlord’s Contractor immediately to commence and diligently to prosecute, in accordance with industry custom and practice, construction of the Tenant Improvements in accordance with the Final Plans. All Tenant Improvement work shall be carried out at such times as Landlord directs, in accordance with reasonable rules and regulations from time to time promulgated by Landlord and in such manner as to minimize, as much as reasonably possible, interference with other tenants and with the use of the common areas of the Building.
Construction of the Tenant Improvements. Except to the extent expressly provided elsewhere herein, including Landlord’s requirement to perform the Landlord’s Work. Tenant shall complete all Tenant Improvements at Tenant’s sole risk, cost and expense, 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 basis. Landlord shall provide to Tenant, its Architect, the Contractor and others required to perform the Tenant Improvements, at no additional cost to Tenant, access to the Premises and use of the exclusive loading dock serving the Premises during the design and construction of the Tenant Improvements, provided that (i) the Commencement Date and Tenant’s obligation to pay Rent shall nevertheless commence on the date set forth in the Basic Lease Provisions, and (ii) Tenant shall be solely responsible for all costs of water, electricity, and other services and utilities provided at and to the Premises from and after the Delivery Date. The construction shall be performed in a good and workmanlike mariner and in compliance with all applicable rules, laws, codes and regulations, including all applicable safety procedures established by Landlords Construction Representative and the Tenant Construction Rules and Regulations attached hereto as Exhibit C-2. 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 (i.e., change orders), 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 or Tenant’s Contractor shall obtain Landlord’s written approval prior to the performance of the additional work contemplated by such change order or orders. Landlord’s consent shall not be unreasonably withh...
Construction of the Tenant Improvements. Landlord shall construct, at its sole cost and expense, the improvements described in Attachment B hereto (the “Tenant Improvements”). The Tenant Improvements shall be constructed in accordance with plans timely approved by Tenant and all applicable laws, in a good and workmanlike manner, free of defects and using materials and equipment of good quality. Tenant shall have the right to submit a written “punch list” to Landlord, setting forth any defective item of construction, and Landlord shall promptly cause such items to be corrected. Landlord shall use commercially reasonable efforts to deliver the Leased Premises in the required condition on or before March 1, 2015. Landlord shall deliver possession of the Leased Premises to Tenant with the Tenant Improvements substantially complete, in good, vacant, broom clean condition, with all building systems in good working order and the roof water-tight, and in compliance with all applicable laws. Tenant shall have the right to access the Leased Premises prior to the Commencement Date to prepare the Leased Premises for occupancy, so long as such access does not unreasonably interfere with Landlord’s construction of the Tenant Improvements. Such access shall be subject to the terms of this Lease, except no Rent shall be payable.
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.