Landlord’s Work Clause Samples

Landlord’s Work. Landlord shall construct the base-building elements of the Building (the "Base Building Work"), the sitework on the Land, and the parking structure and surface parking areas on the Land, all in accordance with the Design Specifications attached hereto as Schedule I (collectively, "Landlord's Work"). All of Landlord's Work shall be performed in a good and workmanlike manner, in accordance with plans and specifications ("Landlord's Plans") mutually approved by Landlord and Tenant. Tenant's approval of Landlord's Plans shall not be unreasonably withheld, conditioned or delayed, and Tenant shall not be entitled to condition its approval of Landlord's Plans upon the inclusion therein of any design specifications that are inconsistent with the Design Specifications attached hereto as Schedule I (including requiring a higher performance standard than any performance standard expressly set forth in Schedule I). Tenant shall respond to any request for approval of Landlord's Plans, or any portion or progress set thereof, or any modifications thereto, as promptly as reasonably possible and in any event within ten (10) business days in the case of the original complete set of Landlord's Plans and any structural modifications thereto and within two (2) business days in the case of any nonstructural modifications to Landlord's Plans, and Tenant's failure to respond within such time periods shall be referred to herein and in the Lease as a "Tenant Delay." In the event Tenant disapproves Landlord's Plans or any portion thereof or any modifications thereto, Tenant's notice of disapproval shall specify in detail the reasonable basis for such disapproval. Landlord shall promptly make such revisions to Landlord's Plans as may be necessary to address Tenant's reasonable objections, and shall resubmit Landlord's Plans to Tenant for Tenant's approval. Tenant shall review such revised plans as promptly as reasonably possible and notify Landlord whether Tenant approves or reasonably disapproves Landlord's Plans as modified. This process shall be repeated, if necessary, until Tenant's reasonable objections to Landlord's Plans have been addressed and Tenant has approved Landlord's Plans. After approval of Landlord's Plans, Tenant shall have the right to initiate changes to Landlord's Plans or Landlord's Work, subject to (i) Landlord's approval of any such proposed change, which approval shall not be unreasonably withheld, conditioned or delayed, and (ii) Landlord's and Tenant's mutu...

Landlord’s Work. (a) Landlord shall repair and maintain or cause to be repaired and maintained the driveways, parking areas, landscaping and other Common Areas of the Center and the structural roof, roof membrane, exterior walls, foundation and other structural portions of the buildings in which the Premises are located. The cost of all work performed by Landlord under this Section 10.1 shall be an Operating Expense hereunder, except to the extent such work (i) is required due to the negligence of Landlord, (ii) is a capital expenditure not includible as an Operating Expense under Section 7.2 hereof, (iii) is required due to the negligence or willful misconduct of Tenant or its agents, employees or invitees (in which event Tenant shall bear the full cost of such work pursuant to the indemnification provided in Section 12.6 hereof, subject to the release set forth in Section 12.4 hereof), or (iv) involves repair or maintenance of the roof membrane on any of the applicable buildings (in which event there shall be charged back directly to Tenant, as additional rent and not as an Operating Expense, but subject to the same limitations set forth for Operating Expenses in Section 7.2 for purposes of determining what are capital items and what portion, if any, of capital items can properly be allocated to a particular year or other applicable period, a prorata share of the cost of such repair or maintenance calculated on the basis of the percentage of the applicable building that is occupied by Tenant). Tenant knowingly and voluntarily waives the right to make repairs at Landlord's expense, except to the extent permitted by Section 10.1 (b) below, or to offset the cost thereof against rent, under any law, statute, regulation or ordinance now or hereafter in effect. (b) If Landlord fails to perform any repairs or maintenance required to be performed by Landlord on the buildings in which the Premises are located under Section 10.1(a) and such failure continues for thirty (30) days or more after Tenant gives Landlord written notice of such failure (or, if such repairs or maintenance cannot reasonably be performed within such 30-day period, then if Landlord fails to commence performance within such 30-day period and thereafter to pursue such performance diligently to completion), then Tenant shall have the right to perform such repairs or maintenance and Landlord shall reimburse Tenant for the reasonable cost thereof within fifteen (15) days after written notice from Tenant of the com...

Landlord’s Work. Except as otherwise expressly provided in this Workletter, in the Lease or by mutual written agreement of Landlord and Tenant, (i) the cost of design and construction of Landlord’s TI Work shall be at Tenant’s sole cost and expense, including any costs or cost increases incurred as a result of Unavoidable Delays, governmental requirements or unanticipated conditions, subject to application of the Tenant Improvement Allowance in accordance with this Workletter; and (ii) the cost of design and construction of Landlord’s Section 2.3 Work shall be at Landlord’s sole cost and expense, including any costs or cost increases incurred as a result of Unavoidable Delays, governmental requirements or unanticipated conditions. To the extent the estimated entire amount that Landlord is committed to pay (under contracts and obligations in effect from time to time) with respect to Landlord’s TI Work exceeds the net Tenant Improvement Allowance available pursuant to this Workletter, the excess Cost of Improvements for Landlord’s TI Work, over and above the Tenant Improvement Allowance, shall be payable by Tenant on a pro rata basis as illustrated in the diagram attached hereto as Schedule B-4 and incorporated herein by this reference (the “TI Allowance Disbursement Diagram”). To the extent the final net Cost of Improvement with respect to Landlord’s TI Work is not covered by the Tenant Improvement Allowance plus any payments made by Tenant from time to time during the course of construction, the remaining balance of the final net Cost of Improvement of Landlord’s TI Work shall be reimbursed by Tenant to Landlord in cash within thirty (30) days after final completion of Landlord’s TI Work (including any applicable Punch List Work), subject to the provisions of subparagraph (c) below.

Landlord’s Work. In relation to the construction of improvements and alterations in the Premises prior to Tenant’s occupancy thereof, the “Landlord’s Work” shall be that work set forth on the Tenant’s Plans (as hereinafter defined) which shall be based on the concept plans to be provided by Tenant to Landlord on or before January 31, 2014. Landlord shall construct at Landlord’s sole cost and expense up to an amount not to exceed the Allowance in accordance with the terms and provisions of this Exhibit B and the Lease, but which shall not include furnishings or any data/telecommunications cabling, wiring or systems required by Tenant for the Premises (collectively, “Tenant’s Tel/Data Work”). Subject to the terms and conditions of this Exhibit B, Tenant shall contract with its vendors and contractors (collectively, “Tenant’s Tel/Data Contractors”) directly for the performance of the Tenant’s Tel/Data Work and shall be entirely responsible for the costs and expenses incurred in connection therewith and for all costs of Tenant’s furnishings. In addition to the Landlord’s Work, prior to Tenant’s occupancy of the Pre-Expansion Premises, Landlord shall (a) at Landlord’s cost and expense, subject to the Entrance Work Allowance (as hereinafter defined), perform certain work relating to the entrance areas at the 20 ▇▇▇▇▇▇ Building based on the concept plans attached hereto as Schedule I hereto (the “Entrance Work”), and (b) at Landlord’s sole cost and expense, perform the work set forth on Schedule II hereto (collectively, the “Base Building Work” and together with the Landlord’s Work and the Entrance Work, collectively, the “Work”).

Landlord’s Work. ▇▇▇▇▇▇▇▇ agrees perform the following work at ▇▇▇▇▇▇▇▇’s sole cost and expense (collectively “Landlord’s Work”): (i) all work and services necessary to establish the Building, Improvements and Premises, and (ii) the following work and services within the Premises: (1) large office – room for desk and table for meetings, b) (1) regular sized office, c) Space for (5) cubicles, d) (1) conference room – large enough for a table that seats 10-12 people, e) Kitchenette with room for a table to sit and eat, f) Janitorial closet, g) Area for (4) workstations, h) Plumb out water service near the office space for a future cleaning station, and i) Air conditioning in warehouse. The detailed plans, specifications, materials and finishes with respect to the foregoing are to be agreed upon by Landlord and Tenant within thirty (30) days following the date of this Lease. Notwithstanding the foregoing, ▇▇▇▇▇▇▇▇ has agreed to fund up to Fifty Thousand and 00/100 Dollars ($50,000.00) of the initial construction expenses for the Tenant’s suite buildout as described in (ii) above. Any cost over and above the Landlord’s $50,000.00 investment with respect to (ii) above shall be subject to Tenant’s approval prior to performance and, if approved by Tenant, will be paid by the Tenant within ten (10) days of receipt of an invoice from Landlord or Landlord’s contractor. Notwithstanding the preceding, the total cost of ▇▇▇▇▇▇’s suite buildout over Landlord’s $50,000 investment will not exceed $75,000.00. For the Lease Term, Landlord shall warrant the following interior and exterior building components or systems installed by Landlord, including but not by way of limitation: fire protection, plumbing, lighting, electrical system which provides electricity to the building, heating, air conditioning, ventilating, other mechanical systems, foundation floor, sidewalks, roll-up doors and dock area (expressly excluding any additional plumbing, electrical lighting, or other mechanical systems, components or leasehold improvements installed by Landlord. As such Tenant shall not be responsible for repairs to such items to the extent would be required to make repairs or ▇▇▇▇▇▇ Ave LLC Lease Agreement – Shoulder Innovations Page 5 of 25 perform maintenance as contemplated by Section 9 and such costs shall not be chargeable to Tenant as Operating Expenses as contemplated by Section 4 c). Any modifications the Tenant makes to the space shall be the responsibility of the Tenant.

Landlord’s Work. The Landlord will provide and carry out, in accordance with the provisions of the Lease, including, without limitation, this Schedule, at the Tenant’s expense, all equipment and work other than Tenant’s Work required to be provided in order to render the Premises complete and suitable to open for business (the “Landlord’s Work”) including, but not limited to the following: • Connecting all utilities including, power to building and distribution panels to the Premises, including the requirement to provide via separate metering. • Connecting water, including without limitation hot water, to greenhouse area and distribution water tank(s). • Installation of a storage cooler. • All concrete work around the greenhouse and drive-way to the compost hut and floor for compost piles as designed. • Installation of necessary or required ventilation fans. • Installation or replacement of lighting, including without limitation any required high upper grow lights. • Installation of hand wash stations in the Premises. • Gas heaters and controls. • Any repairs or refurbishing of outer panels, germination room walls. The Tenant’s consent (not to be unreasonably withheld, conditioned or delayed), shall be required prior to the commencement of the Landlord’s Work. The Landlord shall provide, in such detail as the Tenant may reasonably request, all material documentation relating to the Landlord’s Work, including without limitation, any proposed plans and drawings, proposed agreements with any contractors or subcontractors and estimated costs to complete the Landlord’s Work. Subject to receiving the Tenant’s consent as contemplated herein, the Landlord shall commence the Landlord’s Work in accordance with the terms of this Lease. Upon completion of the Landlord’s Work, the Landlord shall provide the Tenant receipted invoices verifying the actual cost of completing the Landlord’s Work in the Premises. It is acknowledged and agreed that in consideration for the Tenant being responsible for all the costs associated with the Landlord’s Work as contemplated herein, the cost of the Landlord’s Work shall be included in total amount subject recoverable by the Tenant and to the Free Rent Period (as hereinafter defined) subject to the terms and conditions of this Schedule “D” and the Lease, generally.

Landlord’s Work. A. A complex of building shells and common area improvements of exterior and interior design and materials as determined by Landlord substantially as shown in Exhibit A. B. If any partitions are required to separate the leased premises from adjacent spaces, Landlord shall install metal stud framing only, after Tenant has performed any demolition necessary to accommodate installation of said framing. Such stud framing shall extend from the floor slab of the leased premises to the underside of the floor or roof structure. Tenant shall reimburse Landlord as Tenant's share of the cost of such work, $20.00 per lineal foot of said stud framing. Tenant shall install gypsum board on Tenant's side of stud framing to underside of structure as required for a one-hour fire resistant separation. Exhibit B. Section II.B.: The $20.00 per lineal foot charge shall not apply to ------------------------- Tenant. C. In the event that the leased premises are located in a retail development, or in an expansion wing of a retail development, which development or expansion wing shall not yet have opened for business to the public, and Tenant shall be able to complete its construction within the leased premises prior to such opening, Landlord shall not provide a temporary barricade at the storefront lease line, except to the extent that Landlord shall determine that such barricade is necessary or desirable. If the leased premises are not located in such a development or in such an expansion wing, or if Tenant shall be unable to complete the construction of the leased premises and to open for business at the time that such development or expansion wing, as applicable, first opens for business to the public, Landlord shall provide, for Tenant's use during construction and demolition, a temporary barricade at the storefront lease line. Tenant shall reimburse Landlord $45.00 per lineal foot of storefront lease line for any such temporary barricade provided by Landlord. Landlord shall remove the storefront barricade upon completion of Tenant's Work and when Tenant is prepared to open for business. Landlord shall have the option, by written notice to Tenant, to require Tenant to remove the storefront barricade and to store the same at a location specified by Landlord within the regional retail development. In the event of such removal by Tenant, Tenant shall be responsible for any damage (except as a result of normal use) caused to the barricade by such removal and storage. In either cas...

Landlord’s Work. Landlord shall perform the work shown on the plans (the “Plans”) listed on Exhibit B-2 attached to the Lease (“Landlord’s Work”); provided, however, that Landlord shall have no responsibility for the installation or connection of Tenant’s computer, telephone, other communication equipment, systems or wiring. Any items of work requested by Tenant and not shown on the Plans shall be deemed to be Change Proposal(s) (as defined below) and shall be subject to the terms and provisions of subsection (2) below.

Landlord’s Work. (a) Landlord shall furnish and install substantially in accordance with the Plans the materials and items described therein ("Landlord's Work"). The Plans, the costs of Tenant's space plan, Landlord's Work, and the installation of cable described in Section 1.01 (b)(4), shall be at Tenant's sole cost and expense, provided that Tenant shall be entitled to a credit against the cost of the Plans, the costs of Tenant's space plan, Landlord's Work, and the installation of cable described in Section 1.01(b)(4), in an amount up to the lesser of (a) $178,500, (i.e., $6.00, multiplied by the area of the Premises) or (b) the actual costs of the Plans and the Landlord's Work (the "Allowance"). (b) If Landlord determines that the cost of the Landlord's Work, will exceed the Allowance, then prior to commencement of the Landlord's Work, Landlord will submit to Tenant a cost estimate for the Landlord's Work ("Cost Estimate") which Tenant shall approve or reject within seven (7) days after receipt thereof. It is understood that the cost of Landlord's Work shall include Landlord's then applicable construction supervision fee which shall not exceed four percent (4%) of the total cost of the Landlord's Work, the cost of Tenant's space plan, the cost of the Plans, and the costs of the installation of the cable described in Section 1.01(b)(4). Tenant's failure to reject the Cost Estimate within said seven (7) day period shall be to be an acceptance thereof. If Tenant rejects the Cost Estimate, Tenant shall, together with such rejection, propose such changes to the Plans as will cause the Cost Estimate to be acceptable. If the accepted Cost exceeds the Allowance, then Tenant shall pay to Landlord the amount of such excess within ten (10) business days after receipt by Tenant of a bill ▇▇▇refor, but in no event later than the Commencement Date.