Landlord Improvements. (a) On the Commencement Date, Landlord will deliver the Leased Premises to Tenant in a broom clean condition, and, along with the lighting, electrical (excluding the UPS system and the diesel generator), mechanical and plumbing fixtures, plumbing systems, dock doors and HVAC servicing the Leased Premises, hot water, doors and plate-glass, will be delivered to Tenant in good condition and repair, as defined in Section 5.05 above.
(b) After receipt of the Letter of Credit and any required building permit, Landlord will commence and diligently pursue to completion, the construction of the improvements to the Leased Premises (the “Landlord Improvements”), in accordance with plans and specifications as shown in Exhibit B, subject to approval by local regulatory authorities (the “Plans”), which Plans are made a part of this Lease by reference. Any changes or modifications to the Plans must be made and accepted by written change order or agreement signed by Landlord and Tenant and will constitute an amendment to this Lease. Any Landlord Improvements made by Landlord are the property of Landlord and must be surrendered to Landlord upon the termination of this Lease without credit to Tenant. Upon completion of any Landlord Improvements and issuance of a final certificate of occupancy (to be applied for by Landlord’s general contractor) and certification from Landlord’s general contractor certifying to Tenant that all Landlord Improvements have been completed in accordance with the Plans (the “General Contractor’s Certificate”), thereafter Landlord shall provide and Tenant shall acknowledge receipt and acceptance of “as-built plans” of all work done in accordance with this Section 6.01.
(c) Landlord shall furnish an allowance of up to $172,800.00 (One hundred seventy-two thousand, eight hundred dollars) (“Landlord Improvement Allowance”) to be credited against the cost of the construction of the Landlord Improvements. If the actual cost of construction of the Landlord Improvements is less than the Landlord Improvement Allowance (“Allowance Overage”), Tenant shall have no right or claim to such difference; provided however, that if there is an Allowance Overage, Landlord, upon submission of supporting documentation by Tenant, will reimburse Tenant for any third party costs of low voltage wiring and laboratory benches for the Leased Premises, but such reimbursement shall not exceed the lesser of the Allowance Overage or 69,120.00 (Sixty-nine thousand, one hundred twen...
Landlord Improvements. If construction to the Premises is to be performed by Landlord prior to or during Xxxxxx's occupancy, Landlord will complete the construction of the improvements to the Premises in accordance with plans and specifications agreed to by Landlord and Tenant, which plans and specifications are made a part of this Lease by reference. Within seven (7) days of receipt of plans and specifications, Tenant shall execute a copy of the plans and specifications and, if applicable, change orders setting forth the amount of any costs to be borne by Tenant. In the event Tenant falls to execute the plans and specifications and change order within the seven (7) day period, Landlord may, at its sole option, declare this Lease cancelled or notify Tenant that the base rent shall commence on the completion date even though the improvements to be constructed by Landlord may not be complete. Any changes or modifications to the approved plans and specifications shall be made and accepted by written change order or agreement signed by Landlord and Tenant and shall constitute an amendment to this Lease.
Landlord Improvements. Landlord shall, at is sole cost and expense, construct the Building and perform the work identified and/or defined as Landlord’s Work in the work letter attached hereto as Exhibit C and made a part of this Lease (the “Work Letter”). Upon Substantial Completion (as defined in the Work Letter) of Landlord’s Work and the Tenant Improvements (as hereinafter defined), Landlord shall notify Tenant in writing of such Substantial Completion as provided in the Work Letter and deliver possession of the Leased Premises to Tenant (the “Possession Date”). Subject to Force Majeure Delays and Tenant Delays, the Possession Date shall occur no later than October 1, 2014 (the “Target Possession Date”); provided, if Landlord, does not deliver possession of the Leased Premises to Tenant by the Target Possession Date as a result of any reason other than a Tenant Delay or Force Majeure Delay (as those terms are defined in the Work Letter), Tenant’s Rent (as hereinafter defined) shall be abated for a period of three (3) days for each day of such delay after the Target Possession Date without any extension of the Lease Term; provided, further, if the Possession Date has not occurred by December 1, 2014, as a result of any reason other than a Tenant Delay or Force Majeure Delay, (i) Tenant shall have the right to complete Landlord’s Work and the Tenant Improvements and offset the reasonable cost to perform Landlord’s Work against the first installments of Rent due hereunder and thereafter until Tenant’s costs have been recaptured, and (ii) Tenant’s Rent shall be abated for a period of six (6) days for each day of delay (to the extent caused by a Landlord Delay and not caused by a Tenant Delay or Force Majeure Delay) after December 1, 2014, without any extension of the Lease Term.
Landlord Improvements. Landlord, at its sole cost and expense, has designed and constructed the Building as reflected in the Landlord Improvements. As of the date of delivery of the Premises to the Tenant, Landlord represents that the Landlord Improvements have been substantially completed in substantial accordance with that Schedule and otherwise in a workmanlike manner and in substantial compliance with all applicable building, fire, health, and sanitary codes and regulations and other applicable laws.
Landlord Improvements. Landlord at its expense, shall make --------------------- improvements to Premises in accordance with Exhibit C ("Landlord Improvements") incorporated herein by reference. The Landlord Improvements shall be completed in a good workmanlike manner and comply with all applicable laws, ordinances, rules, regulations of governmental authorities, including ADA requirements as provided by Exhibit D, which is incorporated herein by reference.
Landlord Improvements. 38.1. Landlord will deliver the following improvements on or before the Occupancy Date:
(A) parking lot will be micro-surfaced, and restriped; no reserved or visitor’s spots will be provided.
(B) main entrance and east entrance (iCIMS Entrance) to the Building will be updated, i.e., canopy(s) refurbished, rewired, relit and restored and doors will be re-done with new fixtures;
(C) complete replacement of elevator mechanicals, i.e., elevator cabs to be totally gutted and refurbished with new controls, paneling, ceiling, flooring and lighting. Scope to be similar to those newly refurbished tower elevators and those newly refurbished glass elevators located on the west side of the Building. Landlord will solicit from Tenant design input on the elevator servicing “building 3” i.e. the “iCIMS Tower.”
(D) use of the atrium event space, as shown on Exhibit “M” (“Atrium Event Space”) space up to 5 days per calendar year at no cost (rental fee); however, Tenant will be responsible for any reasonable and customary costs, e.g., staff janitorial, audio visual, etc. Landlord has no set plans for installation of an AV system in the Atrium Event Space. If Landlord does install an AV system in the Atrium Event Space, Tenant, when using the Atrium Event Space, will be entitled to use the AV system free of charge.
(E) subject to Laws, including National Park Service approval, provide a first floor executive patio (currently anticipated to be 16’w x 48’1) adjacent to executive offices with an entrance (the location of which will be approved by Tenant) which will include pavers, seating and landscaping to match existing building landscape. See Exhibit “I” for executive patio size and location;
(F) subject to Laws, including National Park Service approval, supplemental landscaping to include foliage cover for mechanical equipment visible from the first floor executive patio (applicable);
(G) Landlord to provide Tenant with secured space on floors 1-5 using a structure, e.g., turnstile or half glass door. The final structure design will be at Landlord’s discretion. Tenant will provide, at its sole expense, the card access security system for the structure;
(H) during the Term, if Tenant is then in actual physical possession of the Premises, Tenant will be provided with the exclusive use of the flagpole located outside of the east wing of the Building for the sole purpose of displaying the “iCIMS” flag;
(I) provide a common roof top patio, which as of the Effective Date is antic...
Landlord Improvements. Xxxxxx agrees that Landlord may make improvements to the Premises at any time during the Term of this Lease. Xxxxxxxx will attempt to make the improvements in a manner that does not unreasonably interfere with Xxxxxx’s use or occupancy of the Premises. Tenant hereby waives all claims against Landlord for damages of any kind related to the installation or construction of the improvements, including direct, indirect, incidental, consequential, punitive, and special damages, and for all damages that result from lost business, lost profits, loss of use, lost or damaged data, or damages for pure economic loss, however caused, whether foreseeable or not, and even if Landlord is advised of the possibility of such damages and losses.
Landlord Improvements. Landlord will complete construction of the improvements to the Premises in accordance with the architectural plans and specifications attached hereto as EXHIBITS C and D. Any changes or modifications to the said plans and specifications shall be accomplished by written change order executed by both Landlord and Tenant. In the event the net cost of all approved change orders (i.e., change orders which create savings will be applied against change orders which increase costs) exceeds $10,000.00, the Tenant shall: i) reimburse Landlord in equal monthly installments on the first day of each month during the initial five (5) year term in an amount necessary to fully amortize such excess cost together with interest at a rate of nine and one-half percent (9.5%); or ii) within ten (10) days after receipt of Landlord's invoice, reimburse Landlord for such excess cost. For the purposes of this provision, cost shall mean the sum Landlord is actually required to pay its contractor for any particular change order.
Landlord Improvements. Landlord, at Landlord's own cost, shall furnish, install and otherwise provide and be responsible for all "Landlord Improvements" identified on Exhibit "F", and Landlord shall perform, observe and complete its obligations with respect to Landlord Improvements, all within the time periods therefor and all as more completely set forth herein and in Exhibit "F".
Landlord Improvements. (a) Landlord agrees to make those certain Tenant Improvements for each category as described in the "Preliminary" column on Exhibit J hereto in an amount not to exceed One Million One Hundred Twenty-Five Thousand Dollars ($1,125,000) (the "Landlord Improvements") in accordance with the time periods set forth on Exhibit J, but in no event to exceed one (1) year from the Closing Date (the "Improvement Period"). On a monthly basis during the Improvement Period, upon Tenant's completion of all or any portion of the Landlord Improvements, upon Tenant's written request with the support documentation described in Exhibit H hereto, Landlord will reimburse Tenant for the cost of such portion of Landlord Improvements.
(b) Landlord further agrees to make additional life safety improvements and other improvements as may enhance the value of the Property which may include those improvements described in the "Revised" column on Exhibit J and in excess of the amount shown in the "Preliminary" column for such category (as determined by Landlord in its reasonable discretion) (the "Additional Improvements") in an amount not to exceed One Million Five Hundred Seventy-Five Thousand Dollars ($1,575,000) on the terms and conditions set forth herein. From and after such time as the Net Operating Income for the Property (after funding the Capital Replacement Reserve Fund) reaches, for any trailing twelve (12) month period, 110% of the Debt Service payable by Tenant in the immediately preceding twelve (12) month period, Tenant may obtain Landlord's approval of any such proposed Additional Improvements and may, on a monthly basis, upon completion of all or any portion of the Additional Improvements, upon Tenant's written request with the support documentation described in Exhibit H hereto, obtain reimbursement from Landlord for the cost of such portion of the Additional Improvements.
(c) Landlord appoints Tenant as its agent to make the Landlord Improvements and Additional Improvements, and Tenant indemnifies and holds Landlord harmless from and against all costs, damages and liabilities (including legal fees) arising from the making of the Landlord Improvements and Additional Improvements by Tenant.
