LANDLORD ALTERATION. 5 SERVICES .....................................................................5
LANDLORD ALTERATION. 5. Landlord, at its expense, will perform the work and make the installations, as set forth in Schedule A annexed hereto, which is sometimes hereinafter referred to as the "Landlord's Initial Construction".
LANDLORD ALTERATION. 5. Landlord, at its expense (unless otherwise noted on either the Rental Plan annexed hereto as Exhibit 1, Schedule "A", the preliminary plans and/or the construction drawings), will perform the work and make the installations, as set forth in Schedule "A" annexed hereto and the Rental Plan annexed hereto as Exhibit 1, which work is sometimes hereinafter referred to as the "Landlord's Initial Construction." In the event that there is a conflict or inconsistency between the provisions of this lease (including the Exhibits and Schedules annexed hereto) and the work set forth on the final construction documents to be prepared by Landlord for Landlord's Initial Construction and approved by Landlord and Tenant after the date hereof, such final construction documents shall be controlling. Notwithstanding the foregoing, Tenant shall contribute $75,000.00 toward the cost of Landlord's Initial Construction, payable $37,500 upon tenant's execution of this lease, and $37,500 upon the Rent Commencement Date.
LANDLORD ALTERATION. 5. (A) Landlord, at Tenant’s expense (except as otherwise set forth herein), will perform or cause Landlord’s construction affiliate to perform certain work and make certain installations in and to the Demised Premises in order to prepare same for occupancy by Tenant; such work and installations to be performed in accordance with final construction drawings to be developed by or on behalf of Tenant, subject to Landlord’s approval, which approval shall not be unreasonably withheld, conditioned or delayed (such work and installations sometimes herein referred to as the “Landlord’s Initial Construction”). As of the date of this lease, Landlord’s good faith, estimated construction schedule for the performance of Landlord’s Initial Construction is attached hereto as Exhibit “3”, it being understood that such construction schedule is subject to, among other things, the timely performance by Tenant of all of its obligations set forth thereon. Landlord acknowledges and agrees that Tenant shall not be required to use Landlord’s architect in connection with the preparation of initial space plans, finish selection plans and the final construction drawings. However, in the event Tenant elects to use Landlord’s architect to provide such services, Tenant shall pay for the cost of such services, not to exceed $101,296.50 (i.e., $1.50 multiplied by the rentable square footage of the Demised Premises [67,531]). In the event that there is a conflict or inconsistency between the provisions of this lease (including the Exhibits and Schedules annexed hereto) and the work set forth on the final construction documents to be prepared for the Landlord’s Initial Construction and approved by Landlord and Tenant after the date hereof, such final construction documents shall be controlling. Landlord shall correct any latent defects in Landlord’s Initial Construction provided such defects are disclosed to Landlord, in writing, during the first Lease Year, and same are not caused by any work performed by or on behalf of Tenant.
LANDLORD ALTERATION. 5. Landlord, at its sole cost and expense (unless otherwise noted on either the Rental Plan annexed hereto as Exhibit 1, Schedule "A", the preliminary plans and/or the construction drawings), will perform the work and make the installations, as set forth in Schedule "A" annexed hereto and the Rental Plan annexed hereto as Exhibit 1, which work is sometimes hereinafter referred to as the "Landlord's Initial Construction". In the event that there is a conflict or inconsistency between the provisions of this lease (including the Exhibits and Schedules annexed hereto) and the work set forth on the final construction documents to be prepared by Landlord for Landlord's Initial Construction and approved by Landlord and Tenant after the date hereof, such final construction documents shall be controlling.
LANDLORD ALTERATION. 5. (A) The work and installations necessary to prepare the Demised Premises for occupancy by Tenant shall be as set forth on the Rental Plan annexed hereto as Exhibit "1" and shall be performed pursuant to the procedures set forth in this Article 5 and the specifications set forth in Schedule A annexed hereto (which work and installations shall be sometimes hereinafter referred to as the "Landlord's Initial Construction"). All plans and specifications for the Landlord's Initial Construction shall be developed by Tenant's architect and engineers, who shall cooperate with Landlord's architectural and engineering consultants and/or departments in the development of same. Upon presentment of proof reasonably acceptable to Landlord, Landlord shall reimburse Tenant for the architectural and engineering costs incurred by Tenant in the development of such plans and specifications, not to exceed $32,500 in the aggregate.
LANDLORD ALTERATION. 5. (A) Tenant hereby acknowledges and agrees that Tenant has inspected the Demised Premises and that, except as otherwise set forth below in this Article 5 and subject to the express representations, warranties and covenants of Landlord set forth in this Lease (e.g. Landlord’s maintenance and repair obligations under Article 7 hereof), Tenant is accepting the Demised Premises in its “as is” condition and Landlord shall have no obligation to perform any work or make any alterations in or to the Demised Premises in order to prepare same for occupancy by Tenant.
LANDLORD ALTERATION. 6 SERVICES . . . . . . . . . . . . . . . . . . . . . . .6
LANDLORD ALTERATION. 5. (A) Landlord, at its expense, will perform the work and make the installations set forth on the Rental Plan annexed hereto as Exhibit "1" pursuant to the specifications set forth in Schedule A and Exhibit "2" initialed by Landlord and Tenant and annexed hereto (which work is sometimes hereinafter referred to as the "Landlord's Initial Construction"). Tenant shall be responsible for the cost of all such work in excess of the work allowance. Notwithstanding the foregoing, Tenant hereby acknowledges and agrees that (i) the folding partition in the executive conference room of the Demised Premises shall be installed by Landlord at the sole cost and expense of Tenant, and (ii) Tenant shall reimburse Landlord, upon demand, for the full amount of any increase in the cost of Landlord's Initial Construction resulting from changes made by Tenant to the plans and specifications annexed hereto as Exhibit "2".
LANDLORD ALTERATION. 5. Landlord, at its sole cost and expense, will perform or cause to be performed the work and the installations, as set forth in Schedule A and Exhibit 1 annexed hereto, by licensed contractors and in accordance with applicable laws, codes and regulations, which is sometimes hereinafter referred to as the "Landlord's Initial Construction". Landlord represents that the heating, ventilating and air conditioning ("HVAC") units to be installed by Landlord pursuant to Schedule A and Exhibit 1 shall be new HVAC units and Landlord shall provide Tenant with the make and model number of such HVAC units when such information is obtained by Landlord. Landlord, at its sole cost and expense, shall prepare all construction plans and drawings and secure all necessary permits to complete Landlord's Initial Construction as set forth in Schedule A and Exhibit 1 annexed hereto. In the event that Tenant requires additional generators, Landlord, at Tenant's expense, shall secure the necessary permits and install such generators.
