Construction Provisions. All of the work to be performed by Landlord pursuant to Section 1.3 hereof shall be performed in accordance with the plans and specifications approved by Tenant in accordance with Section 6.1 hereof in a good and workmanlike manner, utilizing new and first-grade materials; shall be in conformity with all applicable federal, state and local laws, ordinances, regulations, building codes and fire regulations; shall comply with all insurance requirements of Landlord and Tenant; and shall be free of any liens for labor and materials. Landlord shall use all reasonable efforts to complete such construction on or before the Commencement Date. For the period commencing as of the Commencement Date and ending on the day one (1) year thereafter Landlord will correct and/or repair or cause to be corrected and/or repaired any latent or non-obvious defect malfunction or failure in or of construction workmanship material or operation of the Premises provided any such defect malfunction or failure is not the result of any work performed by Tenant or on Tenant's behalf and is not caused by any act or negligence of Tenant its employees or contractors. At the expiration of the one (1) year period Landlord shall assign to Tenant all guaranties and warranties made by any contractor subcontractor or materialmen with respect to the Premises and thereafter Tenant shall have the right at its option to enforce all such guaranties and warranties in its name directly against the warrantor. Landlord agrees to exercise good faith efforts to obtain contractor/subcontractor warranties longer than one (1) year to the extent the same are available without additional cost. As to items which Tenant has notified Landlord are defective and which are covered by referenced Landlord warranty Landlord shall proceed expeditiously and in good faith to complete and repair any such items. As a condition thereof Tenant shall allow Landlord its employees or contractors to enter upon the Premises to perform any remedial work required to be performed and will cooperate with Landlord its employees or contractors so that such remedial work can be accomplished as quickly as is reasonable under the circumstances and with the least amount of interruption to the business of the Tenant.
Appears in 1 contract
Construction Provisions. All of the work to be performed by Landlord pursuant to Section 1.3 hereof shall be performed in accordance with the plans and specifications approved by Tenant described in accordance with Section 6.1 hereof hereof, shall be completed in a good and workmanlike manner, utilizing new and first-grade materials; shall be in conformity with all applicable federal, state and local laws, ordinances, regulations, building codes and fire regulations; shall comply with all insurance requirements of Landlord and Tenant; and shall be free of any liens for labor and materials. Landlord shall use all reasonable efforts to complete such construction on or before the Commencement Date. For the period commencing as of the Commencement Date and ending on the day one (1) year thereafter thereafter, Landlord will correct and/or repair repair, or cause to be corrected and/or repaired repaired, any latent or non-obvious defect defect, malfunction or failure in or of construction workmanship construction, workmanship, material or operation of the Premises Premises, provided any such defect defect, malfunction or failure is not the result of any work performed by Tenant or on Tenant's behalf , and is not caused by any act or negligence of Tenant Tenant, its employees or contractors. At the expiration of the one (1) year period period, Landlord shall assign to Tenant all guaranties and warranties made by any contractor contractor, subcontractor or materialmen with respect to the Premises and thereafter Tenant shall have the right right, at its option option, to enforce all such guaranties and warranties in its name directly against the warrantor. Landlord agrees to exercise good faith efforts to obtain contractor/subcontractor warranties longer than one (1) year year, to the extent the same are available without additional cost. As to items which Tenant has notified Landlord are defective and which are covered by referenced Landlord warranty warranty, Landlord shall proceed expeditiously and in good faith to complete and repair any such items. As a condition thereof thereof, Tenant shall allow Landlord Landlord, its employees or contractors contractors, to enter upon the Premises to perform any remedial work required to be performed performed, and will cooperate with Landlord Landlord, its employees or contractors contractors, so that such remedial work can be accomplished as quickly as is reasonable under the circumstances circumstances, and with the least amount of interruption to the business of the Tenant.
Appears in 1 contract
Construction Provisions. All of the work to be performed by Landlord pursuant to Section 1.3 hereof shall be performed in accordance with the plans and specifications approved by Tenant in accordance with Section 6.1 hereof in a good and workmanlike manner, utilizing new and first-grade materials; shall be in conformity with all applicable federal, state and local laws, ordinances, ordinances regulations, building codes and fire regulations; shall comply with all insurance requirements of Landlord and Tenant; and shall be free of any liens for labor and materials. Landlord shall use all reasonable efforts to complete such construction on or before the Commencement Date. For the period commencing as of the Commencement Date and ending on the day one (1l) year thereafter thereafter, Landlord will correct and/or repair repair, or cause to be corrected and/or repaired repaired, any latent or non-obvious defect defect, malfunction or failure in or of construction workmanship construction, workmanship, material or operation of the Premises Premises, provided any such defect defect, malfunction or failure is not the result of any work performed by Tenant or on Tenant's behalf behalf, and is not caused by any act or negligence of Tenant Tenant, its employees or contractors. At the expiration of the one (1l) year period period, Landlord shall assign to Tenant all guaranties and warranties made by any contractor contractor, subcontractor or materialmen with respect to the Premises and thereafter Tenant shall have the right right, at its option option, to enforce all such guaranties and warranties in its name directly against the warrantor. Landlord agrees to exercise good faith efforts to obtain contractor/subcontractor warranties longer than one (1) year year, to the extent the same are available without additional cost. As to items which Tenant has notified Landlord are defective and which are covered by referenced Landlord warranty warranty, Landlord shall proceed expeditiously and in good faith to complete and repair any such items. As a condition thereof thereof, Tenant shall allow Landlord Landlord, its employees or contractors contractors, to enter upon the Premises to perform any remedial work required to be performed performed, and will cooperate with Landlord Landlord, its employees or contractors contractors, so that such remedial work can be accomplished as quickly as is reasonable under the circumstances circumstances, and with the least amount of interruption to the business of the Tenant. Occupancy of the Premises by Tenant for conducting its business shall constitute an acknowledgment by Tenant, and shall be presumptive evidence, that the Premises are in the condition called for by this Lease and that Landlord has performed all of the construction work it is obligated to perform pursuant to Section 1.3 hereof, except for such items which are not completed and as to which Tenant shall have given notice to Landlord within thirty (30) days after Tenant takes possession of the Premises (the "Punchlist"), and subject to any latent or non-obvious defects, malfunctions or failures covered by the foregoing warranty by Landlord. Landlord shall proceed expeditiously and in good faith to complete and repair all items set forth on the Punchlist. In the event of any dispute between Landlord and Tenant as to whether the Premises are substantially complete and ready for occupancy by Tenant for the conduct of Tenant's business, or as to any other claim by Tenant based upon Landlord's warranties and construction obligations contained herein, such dispute shall be resolved by arbitration in accordance with the rules of the American Arbitration Association, or in accordance with such other procedures as shall be mutually approved by the parties. In no event shall the Premises be deemed substantially complete and ready for occupancy by Tenant until a certificate of occupancy (temporary or permanent) (or, if certificates of occupancy are not issued by the municipality, an equivalent final inspection report authorizing Tenant's occupancy and use of the property) has been issued by the city in which the Premises are located. Landlord agrees to exercise every reasonable effort to obtain a final certificate of occupancy as soon as possible following completion of the Premises.
Appears in 1 contract
Samples: Fair Isaac & Company Inc
Construction Provisions. All of the work to be performed by Landlord pursuant to Section 1.3 hereof shall be performed in accordance with the plans and specifications approved by Tenant in accordance with Section 6.1 hereof in a good and workmanlike manner, utilizing new and first-grade materials; shall be in conformity with all applicable federal, state and local laws, ordinances, ordinances regulations, building codes and fire regulations; shall comply with all insurance requirements of Landlord and Tenant; and shall be free of any liens for labor and materials. Landlord shall use all reasonable efforts to complete such construction on or before the Commencement Date. For the period commencing as of the Commencement Date and ending on the day one (1l) year thereafter thereafter, Landlord will correct and/or repair repair, or cause to be corrected and/or repaired repaired, any latent or non-obvious defect defect, malfunction or failure in or of construction workmanship construction, workmanship, material or operation of the Premises Premises, provided any such defect defect, malfunction or failure is not the result of any work performed by Tenant or on Tenant's behalf behalf, and is not caused by any act or negligence of Tenant Tenant, its employees or contractors. At the expiration of the one (1l) year period period, Landlord shall assign to Tenant all guaranties and warranties made by any contractor contractor, subcontractor or materialmen with respect to the Premises and thereafter Tenant shall have the right right, at its option option, to enforce all such guaranties and warranties in its name directly against the warrantor. Landlord agrees to exercise good faith efforts to obtain contractor/subcontractor warranties longer than one (1) year year, to the extent the same are available without additional cost. As to items which Tenant has notified Landlord are defective and which are covered by referenced Landlord warranty warranty, Landlord shall proceed expeditiously and in good faith to complete and repair any such items. As a condition thereof thereof, Tenant shall allow Landlord Landlord, its employees or contractors contractors, to enter upon the Premises to perform any remedial work required to be performed performed, and will cooperate with Landlord Landlord, its employees or contractors contractors, so that such remedial work can be accomplished as quickly as is reasonable under the circumstances circumstances, and with the least amount of interruption to the business of the Tenant.
Appears in 1 contract
Samples: Fair Isaac & Company Inc
