Landlord’s Work. Landlord shall deliver the Premises to Tenant in the configuration depicted in the plan attached hereto as Exhibit B (excluding work identified in Exhibit B to be performed by Tenant). Landlord shall perform the following work in the Premises at Landlord’s sole cost and expense (the “Landlord’s Work”): (i) re-paint the Premises; and (ii) re-carpet the Premises. At the direction of Tenant, and at Tenant’s sole cost and expense, Landlord shall paint select locations of the Premises, as determined by Landlord, with “IdeaPaint.” Subject to obtaining the Landlord’s consent in accordance with Article IX, Tenant may, at Tenant’s sole cost and expense, perform the following additional work, to be performed by a contractor approved by Landlord (the “Tenant’s Work”): (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenant’s Work shall be considered “alterations” for purposes of this Lease and shall be subject to the provisions of Article IX. Landlord shall use reasonable efforts to substantially complete the Landlord’s Work by December 16, 2018. Landlord shall use reasonable efforts to notify Tenant, orally or in writing, of any circumstances of which Landlord is aware that have caused or may cause a delay in the substantial completion of the Landlord’s Work. Notwithstanding anything to the contrary herein, Landlord’s Work shall become part of the Premises and shall become the property of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease Term.
Appears in 2 contracts
Sources: Lease Agreement (SEMrush Holdings, Inc.), Lease Agreement (SEMrush Holdings, Inc.)
Landlord’s Work. (a) Landlord shall deliver repair and maintain or cause to be repaired and maintained the Premises Common Areas of the Center, the roofs (structural portions only), exterior walls and other structural portions of the Buildings, any demising walls between Tenant's portion of the Phase II Building and the retail portion of the Phase II Building (other than painting, minor surface damage and other cosmetic matters affecting only Tenant's side of any such demising walls), and any building systems that serve, in common, both Tenant's portion of the Phase II Building and the retail portion of the Phase II Building. The cost of all work performed by Landlord under this Section 12.1 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 expense not includible as an Operating Expense under Section 9.2 hereof, or (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 configuration depicted full cost of such work pursuant to the indemnification provided in Section 14.6 hereof, subject to the plan attached hereto as Exhibit B release set forth in Section 14.4 hereof). Tenant knowingly and voluntarily waives the right to make repairs at Landlord's expense, except to the extent expressly set forth in Section 12.1(b), or to offset the cost thereof against rent, under any law, statute, regulation or ordinance now or hereafter in effect.
(excluding work identified in Exhibit B b) If Landlord fails to perform any repairs or maintenance required to be performed by TenantLandlord on any of the Buildings under Section 12.1(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 except as otherwise expressly excluded herein, 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 completion and cost of such work, accompanied by copies of invoices or other reasonable supporting documentation. Under no circumstances, however, shall Tenant have any right to offset the cost of any such work against rent or other charges falling due from time to time under this Lease. Moreover, under no circumstances shall this Section 12.1(b) authorize Tenant to perform the following work any of Landlord's repairs or maintenance obligations (x) in the Premises at Landlord’s sole cost and expense (Phase II Building, except to the “Landlord’s Work”): (i) re-paint extent the Premises; and (ii) re-carpet the Premises. At the direction of conditions requiring repair or maintenance affect only Tenant, and at Tenant’s sole cost and expense, Landlord shall paint select locations 's portion of the PremisesPhase II Building and not the retail portion of the Phase II Building, as determined by Landlord, with “IdeaPaint.” Subject to obtaining the Landlord’s consent in accordance with Article IX, Tenant may, at Tenant’s sole cost and expense, perform the following additional work, to be performed by a contractor approved by Landlord or (the “Tenant’s Work”): (iy) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenant’s Work shall be considered “alterations” for purposes of this Lease and shall be subject to the provisions of Article IX. Landlord shall use reasonable efforts to substantially complete the Landlord’s Work by December 16, 2018. Landlord shall use reasonable efforts to notify Tenant, orally or in writing, of any circumstances of which Landlord is aware that have caused or may cause a delay in the substantial completion Common Areas of the Landlord’s Work. Notwithstanding anything to the contrary herein, Landlord’s Work shall become part of the Premises and shall become the property of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease TermProperty.
Appears in 2 contracts
Sources: Sublease (Prothena Corp PLC), Build to Suit Lease (Tularik Inc)
Landlord’s Work. Landlord shall deliver the Premises to Tenant in the configuration depicted in the plan attached hereto as Exhibit B (excluding work identified in Exhibit B to be performed by Tenant)Section 38.1. Landlord Landlord, at its expense, shall perform the following work in the Premises at Landlord’s sole cost and expense (the “Landlord’s Work”): ):
(i) reRemove a 15-paint ton air-cooled air-conditioning unit and enclosure from the Premises; and (ii) re-carpet the Premises. At the direction of Tenant, and at Tenant’s sole cost and expense, Landlord shall paint select locations north wall of the Premises, as determined by Landlord, Premises and replace the window louver with “IdeaPaint.” Subject to obtaining the Landlord’s consent in accordance with Article IX, Tenant may, at Tenant’s sole cost and expense, perform the following additional work, to be performed by a contractor approved by Landlord (the “Tenant’s Work”): (i) install new doorsBuilding-standard window; (ii) install additional lightingremove a 20-ton water-cooled air-conditioning unit and enclosure on the east wall of the Premises; (iii) install marker wallpapera new 40-ton water-cooled unit in the mechanical equipment room in the Premises, to enable Landlord to provide the air-conditioning in accordance with the provisions of
Section 28.1 (D) of this Lease; (iv) provide the supply and return duct within the mechanical room and through the wall dampers with a “boot” extending to the exterior of the mechanical room for Tenant connections; and (ivv) install additional cablingisolate the return opening in the wall above the existing café millwork so that it no longer feeds return air from the adjoining space into the Premises. Tenant’s Work The new air-conditioning unit shall exclusively serve the Premises. All associated duct work modifications outside of the mechanical room for distribution necessary as a result of such work shall be considered “alterations” for purposes of this Lease and performed by Tenant, at its expense. All other existing base Building air-conditioning units serving the Premises shall be subject to refurbished by Landlord (other than the provisions of Article IXunit serving the server room in the Premises). Landlord shall use commercially reasonable efforts to substantially complete the foregoing work by January 31, 2010, as such date shall be extended, on a day for day basis, for each day that this Lease is not fully executed by August 31, 2009.
(B) Upgrade the elevator corridor in the 16th floor of the Building after consultation with Tenant, including as to one of Landlord’s Building-standard paint colors. The carpeting in the corridor shall be substantially similar to the carpeting in the elevator corridor on the 12th floor of the Building. Landlord shall perform such Landlord’s Work by December 16, 2018. Landlord shall use reasonable efforts to notify Tenant, orally or in writing, promptly after the date of any circumstances of which Landlord is aware this Lease but Tenant acknowledges that have caused or may cause a delay in the substantial completion of the Landlord’s Work. Notwithstanding anything to the contrary herein, Landlord’s Work shall become part not be completed prior to the commencement date of the Premises term of the Sublease. Landlord shall perform Landlord’s Work diligently and shall become the property of in a workmanlike manner in accordance with Laws. Landlord and remain upon Tenant shall take commercially reasonable steps to coordinate the Premises as a part thereof upon performance of Landlord’s Work and the expiration or earlier termination performance by Tenant of the Lease TermInitial Alterations so that neither party is delayed in the completion of its work. Landlord shall perform Landlord’s Work in accordance with the provisions of Section 7.3.
Appears in 2 contracts
Sources: Lease Agreement (Everyday Health, Inc.), Lease Agreement (Everyday Health, Inc.)
Landlord’s Work. Landlord shall deliver the Premises to Tenant in the configuration depicted in the plan attached hereto as Exhibit B (excluding work identified in Exhibit B to be performed by Tenant). Landlord shall ▇▇▇▇▇▇▇▇ agrees perform the following work in the Premises at Landlord▇▇▇▇▇▇▇▇’s sole cost and expense (the collectively “Landlord’s Work”): (i) re-paint all work and services necessary to establish the Building, Improvements and Premises; , and (ii) re-carpet 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. At The detailed plans, specifications, materials and finishes with respect to the direction foregoing are to be agreed upon by Landlord and Tenant within thirty (30) days following the date of Tenantthis Lease. Notwithstanding the foregoing, ▇▇▇▇▇▇▇▇ has agreed to fund up to Fifty Thousand and at 00/100 Dollars ($50,000.00) of the initial construction expenses for the Tenant’s sole suite buildout as described in (ii) above. Any cost over and expense, Landlord shall paint select locations of the Premises, as determined by Landlord, with “IdeaPaint.” Subject to obtaining above the Landlord’s consent in accordance $50,000.00 investment with Article IX, Tenant may, at Tenant’s sole cost and expense, perform the following additional work, respect to be performed by a contractor approved by Landlord (the “Tenant’s Work”): (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenant’s Work shall be considered “alterations” for purposes of this Lease and above shall be subject to Tenant’s approval prior to performance and, if approved by Tenant, will be paid by the provisions Tenant within ten (10) days of Article IX. receipt of an invoice from Landlord shall use reasonable efforts to substantially complete the or Landlord’s Work by December 16contractor. Notwithstanding the preceding, 2018. Landlord shall use reasonable efforts to notify Tenant, orally or in writing, the total cost of any circumstances of which Landlord is aware that have caused or may cause a delay in the substantial completion of the ▇▇▇▇▇▇’s suite buildout over Landlord’s Work$50,000 investment will not exceed $75,000.00. Notwithstanding anything to the contrary herein, Landlord’s Work shall become part of the Premises and shall become the property of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of 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.
Appears in 2 contracts
Sources: Lease Agreement (Shoulder Innovations, Inc.), Lease Agreement (Shoulder Innovations, Inc.)
Landlord’s Work. (a) Prior to the Expansion Date, Landlord shall deliver the Premises to Tenant in the configuration depicted in the plan attached hereto as Exhibit B (excluding work identified in Exhibit B to be performed by Tenant). Landlord shall perform the following work in the Premises perform, at Landlord’s its sole cost and expense and in compliance with all applicable laws, the work shown on Exhibit “A” (the “Landlord’s Work”): ). Landlord’s Work includes painting and carpeting, in a color of Tenant’s choice using building standard materials (iexcept as otherwise shown on Exhibit A), of: (1) re-paint the Additional Premises; and (ii2) re-carpet only those portions of Suite 315 that have been disturbed as a result of Landlord’s Work therein. Landlord’s Work does not include any workstations, cubicles, furniture, equipment or other personal property that may be shown or depicted on Exhibit “A”.
(b) Tenant acknowledges and agrees that the Premises. At the direction performance of Tenant, and at Landlord’s Work may result in some interference with Tenant’s sole cost ability to use and expense, Landlord shall paint select locations of enjoy the Building Seven Premises, as determined by Landlord, with “IdeaPaint.” Subject but Landlord will exercise reasonable efforts to obtaining the complete Landlord’s consent Work in accordance with Article IX, a time and manner to minimize such interference. Tenant may, at Tenant’s sole cost also acknowledges and expense, perform agrees that certain work to the following additional work, to Building Seven Premises may be performed by a contractor approved by Landlord (after possession of the “Tenant’s Work”): (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; Additional Premises has been delivered, such as, but not necessarily limited to, fire alarm and (iv) install additional cabling. Tenant’s Work shall be considered “alterations” for purposes of this Lease and shall be subject to the provisions of Article IXlife safety work. Landlord shall use exercise reasonable efforts to substantially complete this work at a time and in a manner which does not unreasonably interfere with Tenant’s use of the Landlord’s Work by December 16Building Seven Premises, 2018but the performance of this work after possession has been delivered shall not entitle Tenant to an abatement, offset or reduction in Minimum Rent or the other sums due under this Lease.
(c) The Expansion Date is June 1, 2017. Landlord shall use reasonable efforts to notify is not responsible if the Expansion Date is delayed because of Tenant, orally ’s actions or in writing, of any circumstances of which Landlord is aware that have caused or may cause a delay in the substantial completion of the Landlord’s Work. Notwithstanding anything to the contrary herein, Landlord’s Work shall become part of the Premises and shall become the property of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease Termomissions.
Appears in 2 contracts
Sources: Lease Agreement (SEMrush Holdings, Inc.), Lease Agreement (SEMrush Holdings, Inc.)
Landlord’s Work. A. The Premises shall be deemed Substantially Complete when Landlord shall deliver has achieved Substantial Completion (or is deemed to have achieved Substantial Completion pursuant to Section 2.02B and 2.02C below) as provided for in Exhibit F attached hereto and made a part hereof (the Premises to Tenant "Work Letter").
B. Any Tenant's Delay in the configuration depicted Substantial Completion of the Demised Premises, or any portion thereof, shall be governed by Section VIII of the Work Letter.
C. The taking of possession of the Demised Premises in accordance with Section VII of the Work Letter shall be deemed an acceptance of the same by Tenant and shall be deemed Substantial Completion by Landlord of all of Landlord's Work for the purposes of determining the Commencement Date. Tenant has examined the Premises, and agrees to take possession of same in its "as is", "where is" condition as of the Execution Date, subject only to Landlord's obligations (a) to complete Landlord's Work as set forth in the plan attached hereto Work Letter, (b) with respect to compliance with Legal Requirements in connection with Landlord's Work as Exhibit B set forth in Section 11.01 hereof and (excluding work identified c) with respect to latent defects in Exhibit B Landlord's Work as set forth in Section 12.02B hereof.
D. The parties acknowledge and agree that due to be performed by Tenant). Landlord shall perform the following work in the Premises at Landlord’s sole cost and expense (the “Landlord’s Work”): (i) re-paint the Premises; and time frame in which the Building was constructed, (ii) re-carpet the Premises. At the direction of TenantQAD's oversight role at such time, and at Tenant’s sole cost and expense, Landlord shall paint select locations of the Premises, as determined by Landlord, with “IdeaPaint.” Subject to obtaining the Landlord’s consent in accordance with Article IX, Tenant may, at Tenant’s sole cost and expense, perform the following additional work, to be performed by a contractor approved by Landlord (the “Tenant’s Work”): (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; QAD's role with respect to ongoing construction activities at the Building, to the best of QAD's knowledge, the Building and (iv) install additional cabling. Tenant’s Work shall be considered “alterations” for purposes Premises are free of this Lease and shall be any materials which, if the Building had been subject to New York City Department of Buildings oversight (rather than QAD's), would have otherwise required either ACP-5 or ACP-7 certificates (as the provisions case may be) in connection with the performance of Article IX. Landlord shall use reasonable efforts to substantially complete the Landlord’s Work by December 16, 2018. Landlord shall use reasonable efforts to notify Tenant, orally or in writing, of any circumstances of which Landlord is aware that have caused or may cause a delay in the substantial completion of the Landlord’s 's Work. Notwithstanding anything to the contrary herein, Landlord’s Work shall become part of the Premises and shall become the property of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease Term.
Appears in 1 contract
Landlord’s Work. Landlord shall deliver cause the following work ("Landlord's Work") to be performed:
(a) Install two (2) empty conduits leading from the first floor of the Building to the third floor.
(b) Increase the switchboard serving the Premises from 1200 ampere service to 1600 amperes; remove all 200 ampere meters, and replace one meter section at 800 amperes to 1000 amperes. (Tenant in the configuration depicted in the plan attached hereto as Exhibit B (excluding acknowledges that this portion of Landlord's Work will require a shut down of electrical power over a weekend, and Tenant agrees to coordinate and cooperate with Landlord to permit such work identified in Exhibit B to be performed by Tenant)in a timely manner. Landlord shall perform the following work in the Premises at Landlord’s sole cost and expense (the “Landlord’s Work”): (i) re-paint the Premises; and (ii) re-carpet the Premises. At the direction of TenantTenant further agrees that, and at Tenant’s sole cost and expense, Landlord shall paint select locations of the Premises, as determined by Landlord, with “IdeaPaint.” Subject to obtaining the Landlord’s consent in accordance with Article IX, Tenant may, at Tenant’s sole cost and expense, perform the following additional work, to be performed by a contractor approved if required by Landlord (the “Tenant’s Work”): (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenant’s Work shall be considered “alterations” for purposes of this Lease and shall be subject to the provisions of Article IX. Landlord shall use reasonable efforts to substantially complete the Landlord’s Work by December 16, 2018. Landlord shall use reasonable efforts to notify Tenant, orally or in writing, of any circumstances of which Landlord is aware that have caused or may cause a delay in the substantial completion of the Landlord’s Work. Notwithstanding anything to the contrary herein, Landlord’s Work shall become part of the Premises and shall become the property of Landlord and remain upon the Premises as a part thereof upon at the expiration or earlier termination of the Lease TermTerm of the Lease, Tenant shall remove the single meter for the Building to be installed by Landlord pursuant to this subsection and replace it with one (1) meter serving the rentable area of each floor of the Building and all necessary wiring and appurtenances).
(c) Construct an exterior concrete loading platform at grade level and a pair of metal doors, measuring 3' X 8'10" each, with a metal frame at the north end of the Building in the location shown on the plan attached hereto as Exhibit A. Tenant will supply and install any required lift. Landlord will construct the required canopy and pit in which such lift will be located provided such requirements are substantially similar to the requirements for the Autogrip PLT-C lift which Tenant currently proposes to use. Landlord shall obtain all required permits and approvals for Landlord' Work. Landlord shall complete Landlord's Work within the later to occur of one hundred twenty (120) days of execution of this Second Amendment or one hundred twenty (120) days following issuance of any governmental permit or approval required for Landlord's Work (which permits and approvals Landlord agrees to promptly apply for and to thereafter diligently pursue issuance thereof), subject to delays caused by unseasonable weather, failure by Tenant to timely furnish plans or to timely respond to Landlord's request for a determination relating to a construction matter or to timely furnish other information, shortages of materials, any acts or negligent omissions of Tenant or its agents or employees, unavailability or delays in delivery of specialty equipment, strikes or other matters not in the reasonable control of Landlord, and subject to an extension equal to the period of delay if the municipal authorities do not inspect the same as required for approval within two (2) business days of request. Subject to the foregoing, if Landlord's Work is not substantially complete within the time hereinabove set forth, Base Rent shall partially ▇▇▇▇▇ in an amount equal to $500.00 per day until Landlord's Work is substantially complete (i.e., sufficiently complete to be lawfully used for its intended purpose, subject to completion of punchlist items)
Appears in 1 contract
Landlord’s Work. (a) The parties hereto acknowledge and confirm that, as at the date hereof, Landlord shall deliver the Premises to Tenant in the configuration depicted in the plan attached hereto as Exhibit B (excluding work identified in Exhibit B to be performed by Tenant). Landlord shall perform has, at its sole cost and expense, completed the following work in the First Additional, in a good and workmanlike manner, in accordance with Space Plan (“Space Plan”) attached hereto as Exhibit “2”, using base building materials and finishes, except as may be expressly indicated to the contrary (“Landlord’s First Additional Premises Work”):
(a) construct a demising wall, taped, sanded, primed and ready to receive Tenant’s finishes, to separate the First Additional Premises from the balance of Suite 102;
(b) repair or replace, at Landlord’s sole cost and expense reasonable discretion, any damaged or stained base building T-bar acoustic ceiling tiles;
(the “c) repair or replace, at Landlord’s Work”): reasonable discretion, any damaged or missing base building blinds on the perimeter windows, with matching blinds, and ensure that the existing blinds are clean and in good working order;
(d) ensure the existing HVAC, plumbing, electrical, lighting, fire/emergency and mechanical systems serving the First Additional Premises are in good working order and condition and the HVAC system is properly air balanced as of the FAP Commencement Date;
(e) paint the First Additional Premises in one (1) colour to be selected by Tenant from Landlord’s base building standard samples;
(f) carpet the First Additional Premises in one (1) colour to be selected by Tenant from Landlord’s base building standard samples;
(g) remove all existing audio-visual equipment and components from the Surrendered Premises and relocate and install same in the First Additional Premises;
(h) remove the existing security system from the Surrendered Premises and relocate and install same to the First Additional Premises, using EFL Systems Inc. as the consulting technician therefor;
(i) re-paint relocate the Premises; and (ii) re-carpet existing door lock mechanism from the Premises. At Surrendered Premises to the direction of Tenant, and at Tenant’s sole cost and expense, Landlord shall paint select locations of the First Additional Premises, which relocation shall be completed on the Surrender Date (as determined by Landlord, with “IdeaPaint.” Subject to obtaining hereinafter defined);
(j) Remove the Landlord’s consent existing whiteboard from the Surrendered Premises and relocate and install same in the First Additional Premises;
(k) Install voice/data lines and electrical duplex outlets in the First Additional Premises in accordance with Article IXthe Space Plan; and
(l) Remove the trade fixtures, Tenant may, furniture and equipment existing in the Surrendered Premises as at Tenant’s sole cost the date hereof and expense, perform the following additional work, to be performed by a contractor approved by Landlord (the “Tenant’s Work”): (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenant’s Work shall be considered “alterations” for purposes of this Lease and shall be subject relocate same to the provisions of Article IX. Landlord shall use reasonable efforts to substantially complete the Landlord’s Work by December 16, 2018. Landlord shall use reasonable efforts to notify Tenant, orally or in writing, of any circumstances of which Landlord is aware that have caused or may cause a delay in the substantial completion of the Landlord’s Work. Notwithstanding anything to the contrary herein, First Additional Premises.
(b) Landlord’s Work shall become part of include all costs associated with the Premises and shall become the property of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease TermSpace Plan.
Appears in 1 contract
Landlord’s Work. (a) Landlord shall deliver repair and maintain or cause to be repaired and maintained the Premises Common Areas of the Center, the roofs (structural portions only), exterior walls and other structural portions of the Buildings, any demising walls between Tenant’s portion of the Phase II Building and the retail portion of the Phase II Building (other than painting, minor surface damage and other cosmetic matters affecting only Tenant’s side of any such demising walls), and any building systems that serve, in common, both Tenant’s portion of the Phase II Building and the retail portion of the Phase II Building. The cost of all work performed by Landlord under this Section 12.1 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 expense not includible as an Operating Expense under Section 9.2 hereof, or (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 configuration depicted full cost of such work pursuant to the indemnification provided in Section 14.6 hereof, subject to the plan attached hereto as Exhibit B release set forth in Section 14.4 hereof). Tenant knowingly and voluntarily waives the right to make repairs at Landlord’s expense, except to the extent expressly set forth in Section 12.1(b), or to offset the cost thereof against rent, under any law, statute, regulation or ordinance now or hereafter in effect.
(excluding work identified in Exhibit B b) If Landlord fails to perform any repairs or maintenance required to be performed by TenantLandlord on any of the Buildings under Section 12.1(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 except as otherwise expressly excluded herein. 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 completion and cost of such work, accompanied by copies of invoices or other reasonable supporting documentation. Under no circumstances, however, shall Tenant have any right to offset the cost of any such work against rent or other charges falling due from time to time under this Lease. Moreover, under no circumstances shall this Section 12.1(b) authorize Tenant to perform the following work any of Landlord’s repairs or maintenance obligations (x) in the Premises at Landlord’s sole cost and expense (Phase II Building, except to the “Landlord’s Work”): (i) re-paint extent the Premises; and (ii) re-carpet the Premises. At the direction of Tenant, and at conditions requiring repair or maintenance affect only Tenant’s sole cost and expense, Landlord shall paint select locations portion of the PremisesPhase II Building and not the retail portion of the Phase II Building, as determined by Landlord, with “IdeaPaint.” Subject to obtaining the Landlord’s consent in accordance with Article IX, Tenant may, at Tenant’s sole cost and expense, perform the following additional work, to be performed by a contractor approved by Landlord or (the “Tenant’s Work”): (iy) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenant’s Work shall be considered “alterations” for purposes of this Lease and shall be subject to the provisions of Article IX. Landlord shall use reasonable efforts to substantially complete the Landlord’s Work by December 16, 2018. Landlord shall use reasonable efforts to notify Tenant, orally or in writing, of any circumstances of which Landlord is aware that have caused or may cause a delay in the substantial completion Common Areas of the Landlord’s Work. Notwithstanding anything to the contrary herein, Landlord’s Work shall become part of the Premises and shall become the property of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease TermProperty.
Appears in 1 contract
Landlord’s Work. Landlord shall deliver the Premises to Tenant in the configuration depicted in the plan attached hereto as Exhibit B (excluding work identified in Exhibit B to be performed by Tenant). Landlord shall perform the following work in the Premises at Landlord’s its sole cost and expense shall:
(a) Construct a cafeteria on the first floor of the Building (the “Landlord’s WorkCafeteria”): ) that will be open to serve Tenant, other tenants in the Building, and tenants of Tri-Park Corporate Park (200 ▇▇▇▇▇▇ Drive and ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇) no later than 9 months after the date on which Tenant surrenders the Temporary Use Space on the first floor of the Building, subject, however to an extension of no more than sixty (60) days in the event there is a delay in the permitting of such improvement (Without limiting the generality of Section 1.07 of the Lease, it is specifically agreed that Landlord shall continue to operate the existing cafeteria in the Building until the Cafeteria commences operations.);
(b) Be responsible for the demise of the Demised Premises on the 1st floor, including, but not limited to construction of the demising walls, ceiling tiles, above ceiling HVAC, life safety systems, and the refinishing of common areas and elevator lobby to building standards no later than 9 months after the date on which Tenant surrenders the Temporary Use Space on the first floor of the Building;
(c) Renovate the lobby, all common areas and rest rooms of the Building and install a building energy management system no later than 9 months after the date on which Tenant surrenders the Temporary Use Space on the first floor of the Building (provided, however, that (i) re-paint any such work to be performed on the Premises; third floor of the Building (the “Third Floor Common Area Work”) shall be performed no later than the date on which the Tenant’s Work on the third floor of the Building is substantially completed and (ii) re-carpet any such work to be performed on the Premisesfourth floor of the Building shall be performed during the two (2) month period commencing on the date on which the Third Floor Common Area Work is substantially completed);
(d) Install four (4) separate submeters to measure Tenant’s consumption of electricity within the Demised Premises no later than the date on which the Tenant’s Work on the third (3rd) floor of the Building is substantially completed. At the direction of Tenant, and Any more than 4 submeters shall be installed by Landlord at Tenant’s sole cost and expense, Landlord shall paint select locations ;
(e) Construct a fitness center on the 1st floor of the Premises, as determined by Landlord, with “IdeaPaint.” Subject to obtaining the Landlord’s consent in accordance with Article IX, Tenant may, at Tenant’s sole cost and expense, perform the following additional work, to be performed by a contractor approved by Landlord Building (the “Fitness Center”) that shall be open for use by Tenant’s employees free of charge no later than 9 months after the date on which Tenant surrenders the Temporary Use Space on the first floor of the Building, subject, however to an extension of no more than sixty (60) days in the event there is a delay in the permitting of such improvement. The above items are referred to as “Landlord’s Work”): (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenant.” Landlord’s Work shall be considered “alterations” for purposes performed in a good and workmanlike manner in accordance with all Laws; in addition, items (a), (b), (c) and (e) of this Lease and shall be subject to the provisions of Article IX. Landlord shall use reasonable efforts to substantially complete the Landlord’s Work by December 16, 2018. Landlord shall use reasonable efforts will be performed with a quality and level of finish comparable to notify Tenant, orally or in writing, the quality and level of any circumstances of which Landlord is aware that have caused or may cause a delay finish in the substantial completion corresponding portions of the Landlord’s Work. Notwithstanding anything to the contrary hereinbuilding located at 499 Thornall, Landlord’s Work shall become part of the Premises and shall become the property of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease TermEdison, New Jersey.
Appears in 1 contract
Sources: Lease (Ikanos Communications)
Landlord’s Work. The Landlord shall deliver the Premises to Tenant in the configuration depicted in the plan attached hereto as Exhibit B (excluding work identified in Exhibit B to be performed by Tenant). Landlord shall perform the following complete work in the Premises at Landlord’s sole cost and expense (the “Landlord’s Work”): (i) re-paint the Premises; and (ii) re-carpet the Premises. At the direction of Tenant, and at Tenant’s sole cost and expense, Landlord shall paint select locations of the Premises, as determined by Landlord, with “IdeaPaint.” Subject to obtaining the Landlord’s consent in accordance with Article IX, Tenant may, specifications and detailed space plan approved by Landlord. Such work shall be constructed using the standard finishes for the Building and shall include the following:
a) provide like new T-bar and acoustic ceiling tiles with base building standard distribution of light fixtures;
b) provide clean like new Building standard blinds throughout the Premises;
c) provide base building mechanical and electrical drawings and the most up-to-date as-built mechanical and electrical drawings for the jd and 4m floors;
d) remove all existing flooring to a broom swept finish;
e) ensure the Premises is clean and free of all refuse and chattels;
f) Landlord shall provide a certificate from a qualified structural engineer confirming the total permitted floor loading on a pounds per square foot basis within the Premises together with any variations in the permitted load at specific locations within the Premises;
g) clean and remove any wire or cabling within the Premises that is not specific to the Tenant’s sole cost use; and
h) the Building’s main power feed has the capacity and expense, perform the following additional work, Landlord shall allow Tenant to be performed by connect to 500 amps/480 volts of power from the power coming to the Building. The Landlord and Tenant shall meet to establish a contractor approved by Landlord (the “Tenant’s Work”): (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenantschedule for completion of Landlord’s Work and Tenant shall be considered “alterations” for purposes of this Lease and shall be subject use its best efforts to the provisions of Article IXassist Landlord in completing Landlord’s Work in accordance with said schedule. Landlord shall use reasonable efforts not be responsible for any delays caused by Tenant’s failure to substantially complete agree to or act in accordance with the Landlord’s Work by December 16, 2018said schedule. Landlord shall use reasonable efforts to notify Tenant, orally or in writing, of any circumstances of which Landlord The following is aware that have caused or may cause a delay in the substantial completion of the Landlord’s Work. Notwithstanding anything added to the contrary herein, Landlord’s Work shall become part of the Premises and shall become the property of Landlord and remain upon the Premises Lease as a part thereof upon the expiration or earlier termination of the Lease Term.Section 6.00:
Section 6. 00 - Early Occupancy
Appears in 1 contract
Landlord’s Work. (a) Landlord shall deliver repair and maintain or cause to be repaired and maintained the Premises Common Areas of the Center, the roofs (structural portions only), exterior walls and other structural portions of the Buildings, any demising walls between Tenant’s portion of the Phase II Building and the retail portion of the Phase II Building (other than painting, minor surface damage and other cosmetic matters affecting only Tenant’s side of any such demising walls), and any building systems that serve, in common, both Tenant’s portion of the Phase II Building and the retail portion of the Phase II Building. The cost of all work performed by Landlord under this Section 12.1 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 expense not includible as an Operating Expense under Section 9.2 hereof, or (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 configuration depicted full cost of such work pursuant to the indemnification provided in Section 14.6 hereof, subject to the plan attached hereto as Exhibit B release set forth in Section 14.4 hereof). Tenant knowingly and voluntarily waives the right to make repairs at Landlord’s expense, except to the extent expressly set forth in Section 12.1(b), or to offset the cost thereof against rent, under any law, statute, regulation or ordinance now or hereafter in effect.
(excluding work identified in Exhibit B b) If Landlord fails to perform any repairs or maintenance required to be performed by TenantLandlord on any of the Buildings under Section 12.1(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 except as otherwise expressly excluded herein, 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 completion and cost of such work, accompanied by copies of invoices or other reasonable supporting documentation. Under no circumstances, however, shall Tenant have any right to offset the cost of any such work against rent or other charges falling due from time to time under this Lease. Moreover, under no circumstances shall this Section 12.1(b) authorize Tenant to perform the following work any of Landlord’s repairs or maintenance obligations (x) in the Premises at Landlord’s sole cost and expense (Phase II Building, except to the “Landlord’s Work”): (i) re-paint extent the Premises; and (ii) re-carpet the Premises. At the direction of Tenant, and at conditions requiring repair or maintenance affect only Tenant’s sole cost and expense, Landlord shall paint select locations portion of the PremisesPhase II Building and not the retail portion of the Phase II Building, as determined by Landlord, with “IdeaPaint.” Subject to obtaining the Landlord’s consent in accordance with Article IX, Tenant may, at Tenant’s sole cost and expense, perform the following additional work, to be performed by a contractor approved by Landlord or (the “Tenant’s Work”): (iy) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenant’s Work shall be considered “alterations” for purposes of this Lease and shall be subject to the provisions of Article IX. Landlord shall use reasonable efforts to substantially complete the Landlord’s Work by December 16, 2018. Landlord shall use reasonable efforts to notify Tenant, orally or in writing, of any circumstances of which Landlord is aware that have caused or may cause a delay in the substantial completion Common Areas of the Landlord’s Work. Notwithstanding anything to the contrary herein, Landlord’s Work shall become part of the Premises and shall become the property of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease TermProperty.
Appears in 1 contract
Landlord’s Work. (a) Landlord will construct the base building warm shell of the Building, which shall deliver be a six-story, steel frame building containing the Premises to Tenant in the configuration depicted in the plan components listed on Exhibit A-1 attached hereto (the “Warm Shell Components”), in accordance with the plans for the Building which are being developed by Landlord and which are subject to approval by the City of Santa ▇▇▇▇▇ (such plans, prior to approval by the City being defined herein as Exhibit B the “Interim Base Building Plans” and, after approval by the City being defined herein as the “Final Base Building Plans”), and the Site Plan (excluding work identified which also remains subject to approval, and changes if any are required, by the City of Santa ▇▇▇▇▇), and in Exhibit B to be performed compliance with all Laws applicable thereto on the date the Building is substantially completed by Tenant). Landlord shall perform the following work in the Premises at Landlord’s sole cost and expense (the “Landlord’s Work”): ). The exterior architecture of the Building shall be substantially the same as Building C, but shall consist of six (i6) re-paint the Premises; and stories rather than four (ii4) re-carpet the Premisesstories. At the direction of Tenant, and at Landlord shall provide Tenant’s sole cost architect with a CAD file of the Final Base Building Plans upon submittal of same to the City of Santa ▇▇▇▇▇ Building Department (the “Submittal Date”).
(b) Landlord will deliver drafts of the Interim Base Building Plans to Tenant as the same are developed and expenserevised, within three (3) business days after each revision set is completed. Tenant shall have the right at any time on or before the Submittal Date to request changes to the Base Building Plans or plans for the Building-Specific Common Areas in accordance with this Paragraph 1 (each Tenant-requested change to the Base Building Plans or plans for the Building-Specific Common Areas, a “TRC”). Within ten (10) business days of receipt of any TRC or as soon thereafter as is reasonably practicable, Landlord shall paint select locations respond to Tenant in writing to such TRC request with either (a) its reasonable disapproval of such request (which may be based on, among other things, such request reducing the quality or scope of the PremisesBase Building Plans or any of the Warm Shell Components), as determined by Landlordor (b) its good faith estimate (each a “TRC Estimate”), with “IdeaPaint.” Subject if the TRC were incorporated into the Base Building Plans or plans for the Building-Specific Common Areas, of: (A) the increase (if any) or decrease (if any) in cost to obtaining design and construct the Landlord’s consent Warm Shell Components or plans for the Building-Specific Common Areas, and (B) the increase (if any) in accordance with Article IXdays to design and construct the Warm Shell Components or plans for the Building-Specific Common Areas. If Landlord delivers a TRC Estimate, Tenant mayshall promptly approve (“TRC Approval”) or disapprove (“TRC Disapproval”) the same in writing to Landlord and any increase in costs (which may be netted, but not below zero, against any decreases in costs) shall be paid directly by Tenant to Landlord (provided that, at Tenant’s sole cost election, up to an aggregate maximum of $5 per rentable square foot of the increase in costs may deducted from the Tenant Improvement Allowance), and expense, perform the following additional work, to be performed by a contractor approved by Landlord (the “Tenant’s Work”): (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenant’s Work increase in days shall be considered “alterations” constitute Tenant Delay for purposes of this the Lease and this Work Letter and, accordingly, shall adjust Landlord’s Delivery Date on a day for day basis. Tenant shall be subject responsible for any increases in days and increases in costs whether or not the TRC Estimate turns out to be accurate. In addition, regardless of whether Tenant approves or disapproves a TRC Estimate, Tenant shall be responsible for the increases in days and increases in costs resulting from the TRC approval process described in this Paragraph 1, including but not limited to the provisions increases in time and costs involved in preparing TRC Estimates and in the approval/disapproval process (such costs being defined herein as “TRC Amounts”).
(c) Any TRC which has been approved by Tenant pursuant to a TRC Approval shall be referred to herein as an “Approved TRC”. If Tenant fails to deliver notice of Article IXTenant’s consent, or the withholding of Tenant’s consent, to the proposed TRC Estimate within five (5) business days, Tenant shall be deemed to have disapproved the TRC Estimate in question. A “TRC Estimate” with respect to any change shall be Landlord’s reasonable estimate of the following: (1) direct construction costs thereof, (2) related general contractor’s general conditions, overhead and general contractor’s other indirect costs thereof (with respect to which Landlord shall use reasonable efforts provide Tenant with adequate supporting documentation for Tenant’s confirmation), (3) the general contractor’s fee, which shall be the same fee being paid by Landlord to substantially complete the Landlord’s Work by December 16, 2018. Landlord shall use reasonable efforts to notify Tenant, orally or in writing, of any circumstances of which Landlord is aware that have caused or may cause a delay in general contractor for the substantial completion construction of the Warm Shell Components or plans for the Building-Specific Common Areas, (4) design, permitting, testing, inspecting, engineering (which shall be the same fees being paid by Landlord to the Landlord architects and engineers for the construction of the Warm Shell Components or plans for the Building-Specific Common Areas) and other indirect costs to be at Landlord’s Work. Notwithstanding anything actual costs incurred (i.e., there will be no Landlord markup), (5) the credit (if any) resulting from any savings resulting from all TRCs, and (6) any other third party costs directly related to the contrary herein, TRC reasonably incurred by Landlord’s Work shall become part of the Premises and shall become the property of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease Term.. Building D
Appears in 1 contract
Landlord’s Work. (a) Landlord shall deliver the Premises to Tenant upon Substantial Completion of the Landlord’s Work (as defined below). The term “Substantially Completed” or “Substantial Completion” as used in the configuration depicted in Lease or this Work Letter shall mean Landlord has sufficiently completed all the plan attached hereto as Exhibit B (excluding work identified in Exhibit B required to be performed by TenantLandlord in accordance with this Work Letter (except standard punchlist items, which Landlord shall thereafter promptly complete after receipt of written notice thereof from Tenant received within thirty (30) days after the Commencement Date) such that Tenant can conduct normal business operations from the Premises. The Landlord’s Work shall be comprised of (i) the improvements (the “Base Landlord Work”) identified in that certain space plan (the “Base Landlord Work Space Plan”), a copy of which is attached as Exhibit D-1 (and which, for avoidance of doubt, include, without limitation, HVAC for the warehouse, five (5) private offices on the first floor of the Premises, and the epoxy finish on the warehouse floor), and (ii) the improvements identified in that certain space plan (the “Full Scope Space Plan” and referred to collectively with the Base Landlord Work Space Plan as the “Space Plan”), a copy of which is attached as Exhibit D-2, which are in addition to the Base Landlord Work and which Tenant elects pursuant to Section 1(b) below to cause Landlord to complete (such additional improvements, the “Supplemental Landlord Work”). Except as otherwise noted in the Space Plan, Landlord shall utilize Building Standard materials for improvement to the Premises. Landlord shall perform the following and commence work in the Premises at Landlord’s sole cost and expense (the “Landlord’s Work”): (i) re-paint the Premises; and (ii) re-carpet the Premises. At the direction of Tenant, and at Tenant’s sole cost and expense, Landlord shall paint select locations of the Premises, as determined by Landlord, with “IdeaPaint.” Subject to obtaining the Landlord’s consent in accordance with Article IX, Tenant may, at Tenant’s sole cost and expense, perform the following additional work, to be performed by a contractor approved by Landlord (the “Tenant’s Work”): (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenant’s Work shall be considered “alterations” for purposes of this Lease and shall be subject to the provisions of Article IX. Landlord shall use reasonable efforts to substantially complete on the Landlord’s Work through an architect and contractors acceptable to Landlord in its sole discretion. As used herein, the term “Building Standard” refers to the materials maintained in stock by December 16, 2018. Landlord shall for use reasonable efforts to notify Tenant, orally or in writing, of any circumstances of which Landlord is aware that have caused or may cause a delay in the substantial completion improvements of tenant space in the Building. The parties acknowledge and agree that the Landlord’s Work. Notwithstanding anything to the contrary herein, Landlord’s Work shall become part constitutes all of the Premises work required to enable Tenant to occupy, and shall become operate its business in, the property of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease TermPremises.
Appears in 1 contract
Sources: Work Letter
Landlord’s Work. Landlord shall deliver the Premises to and Tenant in the configuration depicted in the plan attached hereto as Exhibit B (excluding work identified in Exhibit B to be performed by Tenant). Landlord shall perform the following work in the Premises at Landlord’s sole cost acknowledge and expense (the “Landlord’s Work”): agree that:
(i) re-paint All of Landlord's Work required for the Premises; commencement and completion of Tenant's Work has been completed;
(ii) re-carpet Landlord has heretofore agreed to provide to Tenant electric service of up to 2,000 amperes demand as shown to be required by Tenant pursuant to a stamped, sealed electrical load letter (or other document reasonably satisfactory to Landlord) certified to Landlord from Tenant's electrical engineer. Landlord hereby agrees that such service shall be in existence at the PremisesProject on or before May 1, 2000, subject to Force Majeure Delay. At For each day that such service does not exist at the direction Project as required hereunder for any reason other than Force Majeure Delay, the Rent Commencement Date shall be delayed beyond June 1, 2000 the same number of Tenantdays;
(iii) Subject to receipt and approval of proposed plans and specifications therefor, Landlord hereby grants Tenant the right to erect, use and at Tenant’s sole cost maintain, conduits and expensewire from the Premises through the common areas of the Project to the Project electrical room;
(iv) In addition to the TI Allowance, Landlord shall paint select locations provide to Tenant an allowance of $10,000 for the purpose solely of installing conduit and wire (and/or reusing existing conduit and wire) from the Project electrical room to the Premises central mechanical/electrical room. Said allowance shall be paid against invoices showing the completion of such work;
(v) Tenant's Work has not been delayed by reason of the Premisesperformance of Landlord's Work; and
(vi) Tenant hereby accepts the Premises for the purpose of construction of Tenant's Work. Landlord and Tenant further agree that Landlord may delay certain exterior improvements as described on Schedule A-1, as determined attached hereto and incorporated herein by Landlordthis reference, until such work may be completed without undue conflict with “IdeaPaint.” Subject to obtaining the Landlord’s consent in accordance work of completing Tenant's Work or with Article IX, Tenant may, at Tenant’s sole cost and expense, perform the following additional work, to be performed by a contractor approved by Landlord (the “Tenant’s Work”): (i) install new doorsadverse winter weather conditions; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenant’s Work provided that such delayed exterior work shall be considered “alterations” for purposes completed no later than the later of this Lease and shall be June 1, 2000, or issuance of Tenant's occupancy permit, subject in each case to the provisions of Article IX. Landlord shall use reasonable efforts to substantially complete the Landlord’s Work by December 16, 2018. Landlord shall use reasonable efforts to notify Tenant, orally or in writing, of any circumstances of which Landlord is aware that have caused or may cause a delay in the substantial completion of the Landlord’s Work. Notwithstanding anything to the contrary herein, Landlord’s Work shall become part of the Premises and shall become the property of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease TermForce Majeure Delays.
Appears in 1 contract
Sources: Lease (Memory Pharmaceuticals Corp)
Landlord’s Work. Landlord shall deliver the Premises to Tenant in the configuration depicted in the plan attached hereto as Exhibit B (excluding work identified in Exhibit B to be performed by Tenant)Section 38.1. Landlord shall diligently and continuously perform the following work in the Premises at to completion Landlord’s sole cost work as described in Schedule L-1 (“Landlord’s Pre-Delivery Work”) and Schedule L-2 (“Landlord’s Post-Delivery Work”), at its expense (the except as otherwise set forth in Schedule L-1 and Schedule L-2), in a good and workmanlike manner, using first-class materials, and in accordance with all Requirements (Landlord’s Pre-Delivery Work and Landlord’s Post-Delivery Work, collectively, “Landlord’s Work”): (i) re-paint the Premises; and (ii) re-carpet the Premises. At the direction of Tenant, and at Tenant’s sole cost and expense, Landlord shall paint select locations of the Premises, as determined by Landlord, with “IdeaPaint).” Subject to obtaining the Landlord’s consent in accordance with Article IX, Tenant may, at Tenant’s sole cost and expense, perform the following additional work, to be performed by a contractor approved by Landlord (the “Tenant’s Work”): (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenant’s Work shall be considered “alterations” for purposes of this Lease and shall be subject to the provisions of Article IX
Section 38.2. Landlord shall use reasonable efforts to substantially complete the perform Landlord’s Post-Delivery Work in conjunction with the performance by December 16, 2018. Landlord shall use reasonable efforts to notify Tenant, orally or in writing, of any circumstances of which Landlord is aware that have caused or may cause a delay in the substantial completion Tenant of the Landlord’s Work. Notwithstanding anything to the contrary herein, Landlord’s Work shall become part of Initial Alterations for the Premises and shall become Substantially Complete Landlord’s Post-Delivery Work (other than the property conversion of the two freight elevators and the Terrace Elevator Work, collectively, the “Elevator Work”) no later than the date Tenant substantially completes Tenant’s Initial Alterations, subject to extension by reason of a Tenant Delay. To the extent necessary, Tenant shall afford Landlord access to the Premises at all reasonable times to perform Landlord’s Post-Delivery Work without the same constituting a constructive eviction and with no abatement of Rental. Landlord shall perform Landlord’s Post-Delivery Work diligently and continuously and Landlord and remain upon Tenant shall take commercially reasonable steps to coordinate the performance of Landlord’s Post-Delivery Work and the performance by Tenant of the Initial Alterations so that neither party is delayed in the completion of its work. Notwithstanding the foregoing, to the extent that Landlord’s Post-Delivery Work (other than the Elevator Work) has not been Substantially Completed by the later of (x) the date that Tenant has completed its Initial Alterations and (y) the date which is nine (9) months after the Commencement Date (such later date, as the same may be extended by reason of Tenant Delay, “Landlord’s Post-Delivery Work Finish Date”), then Tenant, as its sole and exclusive remedy for such delay, shall be entitled to an additional abatement of Fixed Rent equal to one day of Fixed Rent for each day after Landlord’s Post-Delivery Work Finish Date that Landlord’s Post-Delivery Work (other than the Elevator Work) has not been Substantially Completed. To the extent that the Elevator Work (other than the Terrace Elevator Work) has not been Substantially Completed by the later of (a) the date that Tenant has completed its Initial Alterations, and (b) the date which is twelve (12) months after the Commencement Date (such later date, as the same may be extended by reason of Tenant Delay, “Landlord’s Elevator Work Outside Date”), then Tenant, as its sole and exclusive remedy (but not in limitation of Tenant’s remedy with respect to Landlord’s failure to Substantially Complete Landlord’s Post-Delivery Work (other than the Elevator Work) by Landlord’s Post-Delivery Work Finish Date) for such delay, shall be entitled to an additional abatement of Fixed Rent equal to one (1) day of Fixed Rent for each day after Landlord’s Elevator Work Outside Date that the Elevator Work (other than the Terrace Elevator Work) has not been Substantially Completed. In addition, if the Elevator Work (other than the Terrace Elevator Work) is not Substantially Completed by the date that Tenant has completed its Initial Alterations, Tenant, its employees and invitees, may use the passenger elevators in the Building to access the 10th-12th floors of the Premises as a part thereof upon until the expiration or earlier termination of Elevator Work (other than the Lease TermTerrace Elevator Work) is Substantially Completed.
Appears in 1 contract
Sources: Lease Agreement (Squarespace, Inc.)
Landlord’s Work. Landlord shall deliver the Premises to Tenant in the configuration depicted in the plan attached hereto as Exhibit B (excluding work identified in Exhibit B to be performed by Tenant). Landlord shall perform the The following work in shall be completed by the Premises Landlord at the Landlord’s sole cost and expense (the “Landlord’s Work”): (i) re-paint the Premises; and (ii) re-carpet the Premises. At the direction of Tenant, and at Tenant’s 's sole cost and expense, :
(I) The Landlord shall paint select locations of remove the Premiseswalls highlighted in yellow on Schedule "A" and "B" attached hereto;
(II) The Landlord shall repair the ceiling grid and match ceiling tiles in the upper area;
(III) The Landlord shall remove the drywall ceiling in offices 4A, as determined by Landlord4B, 5A and 5B and replace with “IdeaPaint.” Subject to obtaining the Landlord’s consent in accordance with Article IX, Tenant may, at Tenant’s sole cost and expense, perform the following additional work, to be performed by a contractor approved by Landlord (the “Tenant’s Work”): (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; T-Bar ceiling and (iv2'X 4') install additional cabling. Tenant’s Work shall be considered “alterations” for purposes of this Lease and shall be subject to the provisions of Article IX. fluorescent lighting.
(IV) The Landlord shall use reasonable efforts to substantially complete the Landlord’s Work by December 16, 2018. reconfigure existing kitchen and telephone room as shown on Schedule "A";
(V) The Landlord shall use reasonable efforts to notify Tenant, orally or in writing, of any circumstances of which construct a men's washroom with shower and a ladies washroom as shown on Schedule "A" attached;
(VI) The Landlord is aware that have caused or may cause a delay shall replace the carpeting in the substantial completion entire premises;
(VII) The Landlord shall patch and paint all walls throughout the premises;
(VIII) The Landlord shall install vinyl tile in the kitchen and washrooms; Said work shall commence within (30) days of receipt of executed Agreement; ALL OTHER TERMS AND CONDITIONS OF THE LEASE BETWEEN ▇▇▇▇▇ DEVELOPMENTS and CARAVELLE NETWORKS CORPORATION (now known as AVESTA TECHNOLOGIES CANADA INC.) dated January 13, 1995, SHALL REMAIN IN FULL FORCE AND EFFECT PLEASE SIGNIFY YOUR ACCEPTANCE OF THE ADDENDUM TO LEASE BY SIGNING WHERE INDICATED AT THE BOTTOM OF THIS AGREEMENT AND RETURNING THE DUPLICATE NO LATER THAN JULY 30th, 1999. ▇▇▇▇▇ DEVELOPMENTS per: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ------------------------------ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ADDENDUM TO LEASE executed by the Landlord’s WorkTenant this 29th day of July ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ INC. Notwithstanding anything to the contrary hereinper: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇ (affix corporate seal) ------------------------------ Authorized Signing Officer ================================================================================ LANDLORD: ▇▇▇▇▇ DEVELOPMENTS TENANT: CARAVELLE NETWORKS CORPORATION PREMISES: ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, Landlord’s Work shall become part of the Premises and shall become the property of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease Term.▇▇▇▇▇▇ Rentable Area: 4100 Square Feet DATE: January 13, 1995 ================================================================================ INDUSTRIAL LEASE ================================================================================ ▇▇▇▇▇ DEVELOPMENTS ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇ ▇▇-▇ ================================================================================ TABLE OF CONTENTS PAGE
ARTICLE I FUNDAMENTAL PROVISIONS 1 Section 1.1 Fundamental Provisions 1 ARTICLE 11
Appears in 1 contract
Sources: Lease Extension Agreement (Avesta Technologies Inc)
Landlord’s Work. (a) Landlord will construct (i) the base building warm shell of Building F, which shall deliver be an eight-story, steel frame building containing the Premises components listed on Exhibit A-1 attached hereto, and including the improvements to Tenant in the configuration depicted in Common Areas (including the plan Exclusive Use Area) shown on such exhibit, and (ii) the base building warm shell of Amenities Building H, which shall be a two-story, steel frame building containing the components listed on Exhibit A-2 attached hereto (as applicable, the “Warm Shell Components”), substantially in accordance with the plans for the Building which are being developed by Landlord (based on the rendered plans which are listed on Exhibit B A-3 attached hereto) and the Site Plan (excluding work identified such plans and Site Plan are subject to adjustment by Landlord and approval, and changes if any are required, by the City), and in Exhibit B to be performed compliance with all Laws applicable thereto on the date the Building is substantially completed by Tenant). Landlord shall perform the following work in the Premises at Landlord’s sole cost and expense (the “Landlord’s Work”): ). Such plans, prior to approval by the City are defined herein as the “Interim Base Building Plans” and, after approval by the City are defined herein as the “Final Base Building Plans.” The exterior architecture of Building F shall be comparable to Building C with regard to materials and color, but shall consist of eight (i) re-paint the Premises; and (ii) re-carpet the Premises8) stories with a curvilinear front facade. At the direction of Tenant, and at Landlord shall provide Tenant’s sole cost and expense, Landlord shall paint select locations architect with a CAD file of the Premises, as determined by Landlord, with “IdeaPaint.” Subject Final Base Building Plans within three (3) business days after the same have been upon submittal of same to obtaining the Landlord’s consent in accordance with Article IX, Tenant may, at Tenant’s sole cost and expense, perform the following additional work, to be performed by a contractor approved by Landlord City of Santa ▇▇▇▇▇ Building Department (the “Tenant’s WorkSubmittal Date”): ).
(ib) install new doors; Landlord will deliver drafts of the Interim Base Building Plans to Tenant as the same are developed and revised, within three (ii3) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cablingbusiness days after each revision set is completed. Tenant’s Work shall be considered “alterations” for purposes of this Lease and shall be subject to the provisions of Article IX. In addition, Landlord shall use reasonable efforts to substantially complete provide Tenant with copies of other material submissions to the City of Santa ▇▇▇▇▇ and to keep Tenant informed of material discussions and correspondence with the City and other relevant governmental authorities. Tenant shall have the right to approve any material changes to the Interim Base Building Plans, unless the same are required solely by the City of Santa ▇▇▇▇▇.
(c) In the event it is determined that Landlord’s Work by December 16has not been completed in accordance with the requirements of this Work Letter, 2018. Landlord shall use reasonable efforts agrees to notify Tenant, orally correct (or in writing, of any circumstances of which Landlord is aware that have caused or may to cause a delay in the substantial completion of the Landlord’s Work. Notwithstanding anything contractor to the contrary herein, correct) Landlord’s Work as necessary with the result that that Landlord’s Work will have been completed in accordance with the requirements of this Work Letter (and the foregoing shall become part also apply to work required due to a governmental agency requiring remediation of any Hazardous Materials on or about the Property not released by Tenant or any of the Premises Tenant Parties). Building F and shall become the property of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease Term.Amenities Building
Appears in 1 contract
Landlord’s Work. The Landlord shall deliver construct the Building of which the Premises forms part, in accordance with plans and specifications as follows: Architectural: November 20, 2003, Mechanical/Electrical: November 8, 2003, Structural: November 19, 2003, Security: November 10, 2003 which have been provided to the Tenant in the configuration depicted in the plan attached hereto as Exhibit B (excluding work identified in Exhibit B to be performed by Tenant). Landlord shall perform the following work in the Premises at Landlord’s sole cost and expense (the “Landlord’s Work”): ). No later than February 20, 2004, the Landlord will provide the Tenant with an updated and current set of plans and specifications in respect of the Landlord’s Work (the “Final Plans”). If the Tenant is not satisfied with the scope of Landlord’s Work or the Landlord elects not to implement any modifications reasonably required by the Tenant in order to efficiently operate its business, the Tenant will not be permitted to insist upon the modifications not so implemented but, in lieu thereof, the Tenant may elect to terminate the agreement arising out of this Offer provided such election to terminate is exercised by notice in writing to the Landlord on or before February 27, 2004. No changes may be made to the Final Plans which materially adversely affect (i) re-paint the Premises; and Tenant’s Work, (ii) re-carpet the Premises. At the direction cost of Tenant, and at completing Tenant’s sole cost and expense, Landlord shall paint select locations of the Premises, as determined by Landlord, with “IdeaPaint.” Subject to obtaining the Landlord’s consent in accordance with Article IX, Tenant may, at Tenant’s sole cost and expense, perform the following additional work, to be performed by a contractor approved by Landlord (the “Tenant’s Work”): (i) install new doors; (ii) install additional lighting; Work or (iii) install marker wallpaper; the efficient operation of the Tenant’s business without the consent of the Tenant. For the purposes of this Offer and (iv) install additional cabling. Tenantthe Lease the condition of the Building as delivered to the Tenant on completion of the Landlord’s Work shall be considered “alterations” for purposes deemed to be the base building condition. Subject to events of this Lease and shall be subject to the provisions of Article IX. Landlord shall use reasonable efforts to substantially complete force majeure, the Landlord’s Work shall be completed by no later than November 1, 2004. Should the Landlord’s Work not be completed by December 161, 20182004 as a result of a default by the Landlord that is not an event of force majeure, the Tenant shall be entitled to two (2) days’ free basic rent, prorated based on a 30 day month, for each day after December 1, 2004 that the Landlord’s Work is not substantially completed and the Tenant has not been delivered possession of the Premises. The Fixturing Period shall commence on the Commencement Date of the Lease specified in Section 2(b) hereof. The Landlord shall undertakes to use reasonable commercial efforts to notify Tenantprovide the Tenant with as much advance written notice as is reasonably possible as to the anticipated date of Substantial Completion of the Landlord’s Work in the Premises, orally or which in writingany event shall be at least five (5) days advance notice. The parties agree that two (2) days’ free basic rent for each day after December 1, 2004 that the Landlord’s Work is not substantially performed and the Tenant has not been delivered possession of the Premises is a representation of the true damages that the Tenant will suffer as a result of any circumstances of which Landlord is aware that have caused or may cause a delay in the substantial completion of the Landlord’s Work. Notwithstanding anything to Work and the contrary herein, Landlord’s Work shall become part failure to deliver possession of the Premises and shall become is not a penalty. Should the property Tenant not be delivered possession of Landlord and remain upon the Premises as a part thereof upon by November 1, 2005, for any reason whatsoever, then at the expiration or earlier termination Tenant’s sole option and discretion the Tenant may terminate the Offer and the Lease, and damages will be calculated in their usual manner. During the Fixturing Period the Tenant shall be responsible for all work within the Premises, in addition to the Landlord’s Work, which may be necessary to operate the Tenant’s business therein (the “Tenant’s Work”). Prior to the commencement of the Lease TermFixturing Period, the Tenant shall provide a copy of its plans and specifications for the Tenant’s Work to the Landlord for its prior written approval prior to commencing construction, not to be unreasonably withheld or delayed.
Appears in 1 contract
Landlord’s Work. Landlord shall deliver the Premises to Tenant in the configuration depicted in the plan attached hereto as Exhibit B (excluding work identified in Exhibit B to be performed by Tenant). Landlord shall perform the following work in the Premises Landlord, at Landlord’s sole cost and expense (the “Landlord’s Work”): (i) re-paint the Premises; and (ii) re-carpet the Premises. At the direction of Tenant, and at Tenant’s its sole cost and expense, shall construct (i) the Building of the Project in which the Premises will be located as generally described on Exhibit “D-1” attached hereto (sometimes referred to as the “Base Building Improvements”), and (ii) V A V tenant boxes installed and operational on each floor with perimeter fan-powered boxes installed and operational along with perimeter slot diffusers and related ductwork. The foregoing work to be constructed by Landlord is collectively referred to as “Landlord’s Work.” Landlord’s Work shall paint select locations be completed by Landlord in a good and workmanlike manner and in accordance with all applicable laws and regulations (including all handicap accessibility laws) in all material respects. It is estimated that Landlord will achieve substantial completion of Landlord’s Work on or before July 16, 2006 subject to extension for, among other things, items of force mejeure (the “Estimated Completion Date”). To the extent that the design in such construction of the Landlord’s Work must be changed or added to in order to accommodate the special needs of Tenant in the Premises, such changes or additions will be considered part of the Tenant’s Work and any increased cost shall be paid for by Tenant in accordance with this Leasehold Improvements Agreement. The Landlord’s Work will not include any of the Tenant’s Work (as defined herein) and, without limiting the generality of the foregoing, the Landlord’s Work will exclude the following: (a) Tenant’s ceiling and lighting; (b) floor finish in the Premises; (c) interior finishes of any kind in the Premises; (d) interior partitions, doors, and hardware within the Premises; (e) Tenant’s furnishing, fixtures and equipment; (f) plumbing fixtures within the Premises; (g) distribution of plumbing and electrical services; and (h) any and all signs for the Tenant and the power therefore; (i) electrical panel distribution wiring and fixtures throughout the Premises. Except for Landlord’s agreement to provide the Landlord’s Work, and copies of the shell building drawings and any changes thereto during construction that may affect Tenant’s plans and specifications, Landlord has made no warranties or representations as to the condition of the Premises of any kind or nature, express, implied, or otherwise of any covenants of any kind or nature in connection with the condition of the Premises, as determined by Landlordand Landlord has made no commitments to remodel, repair, re-decorate, or improve the Premises. Tenant acknowledges and agrees that Tenant has taken the Premised, including, but not limited to, all mechanical and electrical improvements therein or thereto in an “AS IS” condition and will be responsible for all finish-out work which may be necessary in connection with “IdeaPaint.” Subject to obtaining such Premises, other than the Landlord’s consent in accordance with Article IX, Work. Landlord will notify Tenant may, at Tenantfrom time to time of any extensions to the Estimated Completion Date but will diligently pursue completion of Landlord’s sole cost Work. Landlord will tender possession of the Premises to Tenant and expense, perform Tenant will accept tender of possession of the following additional work, Premises when Landlord’s contractor for Landlord’s Work has secured an “above the ceiling inspection” on the first floor of the Building by the City of Austin that such inspectors determines to be performed acceptable and Landlord gives Tenant notice of such satisfactory inspection (“Tender of the Premises”). The “above ceiling inspection” is the standard City of Austin inspection consisting generally of electrical, plumbing and mechanical above ceiling rough in inspection and above ceiling Fire Department visual and flow inspection of the sprinkler system. Landlord anticipates that Tender of the Premises will occur by a contractor approved approximately June 1, 2006 by written notice from Landlord (to Tenant which will allow for Tenant to cause the “commencement of construction of the Tenant’s Work”): . If the “above ceiling inspection” reveals certain remaining items to be completed or corrected that are within the scope of that inspection, Landlord and Tenant may nevertheless, by mutual agreement, agree to Tender of the Premises prior to the final “above the ceiling inspection.” Landlord will be deemed to have achieved substantial completion of Landlord’s Work upon the latter of (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenant’s Work shall be considered “alterations” for purposes the issuance of this Lease and shall be subject to the provisions a certificate of Article IX. Landlord shall use reasonable efforts to substantially complete the substantial completion of Landlord’s Work by December 16Landlord’s architect, 2018and (ii) the issuance of a temporary certificate of occupancy for the shell building by the City of Austin (sometimes referred to as a shell certificate of occupancy). Landlord shall use reasonable efforts to will notify Tenant, orally or Tenant in writing, writing (along with a copy of any circumstances such certificate of which substantial completion and such certificate of occupancy) within forty-eight (48) hours of when Landlord is aware that have caused or may cause a delay in the achieves substantial completion of the Landlord’s Work. Notwithstanding anything to the contrary hereinThe foregoing notwithstanding, Landlord’s Work shall become part it is understood and agreed that Tender of the Premises and shall become the property will occur prior to Landlord achieving substantial completion of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease TermLandlord’s Work.
Appears in 1 contract
Sources: Lease Agreement (Arthrocare Corp)
Landlord’s Work. (a) On the Fourth Floor Commencement Date, Landlord shall deliver the Fourth Floor Premises to Tenant in its “as-is” condition, subject to the configuration depicted in following (collectively, “Landlord’s Fourth Floor Work”): (i) demolish the plan attached hereto existing installation and remove all debris; (ii) deliver sprinkler infrastructure, including existing combination standpipe sprinkler risers, temporary construction sprinkler look, and valve connections on the floor which is fully operational, code compliant and ready for Tenant work; (iii) all building systems shall be fully operational; (iv) Landlord shall provide Tenant with a clean ACP-5 for the Fourth Floor Premises; (v) connection points for Tenant’s strobes and related Class E connection shall be available; and (vi) fireproof any exposed structural steel and fire stop as Exhibit B (excluding work identified in Exhibit B to required by code. Landlord’s Fourth Floor Work shall be performed by Landlord at its sole cost and expense, in a first class and good and workmanlike manner and in accordance with applicable laws. Landlord shall give Tenant five (5) business days’ advance notice of the Fourth Floor Commencement Date.
(b) Notwithstanding anything to the contrary contained herein, in the event Landlord is delayed in completing Landlord’s Fourth Floor Work due to delay caused by Tenant and Tenant does not cease such delay within two (2) days of receiving written notice of such delay (a “Tenant Delay”), the applicable Landlord’s Fourth Floor Work shall be deemed substantially completed on the date it reasonably would have been substantially completed but for the Tenant Delay, and the Fourth Floor Commencement Date shall be the date it would have been but for the Tenant Delay. Tenant agrees that in the event its contractors and subcontractors are performing any Tenant). ’s Fourth Floor Work simultaneously with the performance Landlord’s Fourth Floor Work, Tenant will use commercially reasonable efforts to minimize interference with ▇▇▇▇▇▇▇▇’s performance of ▇▇▇▇▇▇▇▇’s Fourth Floor Work; should Tenant’s Fourth Floor Work interfere with the performance of Landlord’s Fourth Floor Work, the Fourth Floor Commencement Date shall be the date Landlord’s Fourth Floor Work would have been completed but for the Tenant Delay.
(c) Landlord shall perform the following work in at the Original Premises at Landlord’s sole cost and expense (collectively, the “Landlord’s Original Premises Work”): (i) re-paint replace existing countertops, sinks and faucets in the Premisesbathrooms with Building standard finishes otherwise consistent with Class A Manhattan office buildings [PL9 for the men’s room and F3 for the ladies’ room]; (ii) replace existing rusted pipe in ceiling with a new copper pipe; and (iiiii) re-carpet patch, paint and otherwise repair damage to the Premisesceiling from recent leaks. At the direction of Tenant, and Landlord’s Original Premises Work shall be performed by Landlord at Tenant’s its sole cost and expense, Landlord shall paint select locations of the Premises, as determined by Landlord, with “IdeaPaint.” Subject to obtaining the Landlord’s consent in a first class and good and workmanlike manner and in accordance with Article IXapplicable laws. Landlord will endeavor to complete ▇▇▇▇▇▇▇▇’s Original Premises Work prior to the Fourth Floor Commencement Date, Tenant mayprovided, at Tenanthowever, the completion of Landlord’s sole cost and expense, perform the following additional work, to be performed by a contractor approved by Landlord (the “Tenant’s Work”): (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenant’s Original Premises Work shall in no event affect the occurrence of or be considered “alterations” for purposes a condition of this the occurrence of the Fourth Floor Commencement Date. During the ▇▇▇▇▇▇▇▇ Associates/95 ▇▇▇▇▇▇ / Integral Ad Science, Inc. - First Amendment/First Amendment to Lease and shall be subject v7 performance of ▇▇▇▇▇▇▇▇’s Original Premises Work, ▇▇▇▇▇▇▇▇ agrees to the provisions of Article IX. Landlord shall use commercially reasonable efforts to substantially complete minimize interference with ▇▇▇▇▇▇’s business operations at the LandlordOriginal Premises, including the performing same on an overtime basis, and agrees that there will be at least one (1) bathroom on the eighth (8th) floor available for Tenant’s Work by December 16, 2018. Landlord shall use reasonable efforts to notify Tenant, orally or in writing, of any circumstances of which Landlord is aware that have caused or may cause a delay in during the substantial completion performance of the Landlord’s Work. Notwithstanding anything to the contrary herein, Landlord’s Work shall become part of the Premises and shall become the property of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease Termbathroom renovations.
Appears in 1 contract
Landlord’s Work. Landlord shall deliver the Premises to Tenant in the configuration depicted in the plan attached hereto as Exhibit B (excluding work identified in Exhibit B to be performed by Tenant). Landlord shall perform the following work in the Premises shall, at Landlord’s sole cost cost, complete the following items of work to the HVAC system serving the Premises: (i) install 13 new fan powered boxes; (ii) install 8 new VAV boxes; (iii) install new controls; (iv) install new time controls for the rooftop HVAC units; and expense (v) install new heater stacks for the rooftop HVAC units (collectively, the “Landlord’s Work”): (i) re-paint ). Tenant hereby acknowledges that the Premises; and (ii) re-carpet Landlord’s Work may be performed while Tenant is occupying the Premises. At the direction of Tenant, Tenant hereby acknowledges and at agrees that Landlord shall not be liable for any inconvenience to Tenant or for interference with Tenant’s sole cost and expense, Landlord shall paint select locations business or use of the Premises, as determined by Landlord, with “IdeaPaint.” Subject to obtaining Premises during the performance of the Landlord’s consent in accordance with Article IXWork, Tenant may, at provided that Landlord shall utilize commercially reasonable efforts not to disrupt the operation of Tenant’s sole cost business. Tenant and expenseits employees, perform invitees, agents and contractors may use the following additional work, to be performed by a contractor approved by Landlord (Premises during the “Tenant’s Work”): (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenantperformance of the Landlord’s Work at their own risk, and Landlord shall not be considered “alterations” responsible for purposes injury or damage to property occasioned by the performance of this the Landlord’s Work unless same is due to Landlord’s negligence or willful misconduct. The provisions of Section 7.5 of the Lease and (other than the first two sentences) shall be subject apply to the provisions of Article IXLandlord’s Work as though all references therein to the HVAC Replacement Units were to the Landlord’s Work as defined above. Landlord shall use commence the Landlord’s Work within fifteen (15) days following the full execution of this Amendment and shall make commercially reasonable efforts to substantially complete the Landlord’s Work by December 16the date which is ninety (90) days following the full execution of this Amendment. In addition, 2018. Landlord shall use reasonable efforts to notify Tenant, orally or construct the Tenant Improvements in writing, of any circumstances of which Landlord is aware that have caused or may cause a delay in the substantial completion of the Landlord’s Work. Notwithstanding anything to the contrary herein, Landlord’s Work shall become part of the Premises and shall become the property of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease Termaccordance with Exhibit A attached hereto.
Appears in 1 contract
Sources: Lease (Quanterix Corp)
Landlord’s Work. Landlord shall deliver will make certain improvements to the Premises to Tenant in the configuration depicted in the plan attached hereto as Exhibit B (excluding work identified in Exhibit B to be performed by Tenant). Landlord shall perform the following work in the Premises at Landlord’s sole cost and expense (the “Landlord’s Work”): ) as set forth on that certain space plan and scope of work (icollectively, the “Plans”) re-paint attached hereto as Schedule 1 and previously approved by Tenant. Should said Plans or any part of Landlord’s Work require the Premises; and preparation or development of additional plans or specifications, then Tenant shall have three (ii3) re-carpet business days from Landlord’s submission of such additional plans or specifications to Tenant to approve or disapprove the Premisessame. At the direction of Tenant, and at Tenant’s sole cost failure to so approve or disapprove within such three (3) business day period shall constitute a Tenant Delay (as defined herein) and, at Landlord’s election, be deemed Tenant’s approval thereof. Tenant’s disapproval of such plans and expensespecifications shall specifically identify the nature of such disapproval. Landlord shall then have such plans and specifications amended to incorporate those items specified in Tenant’s disapproval to which Landlord agrees. Tenant’s approval of such plans and specifications shall not be unreasonably withheld, conditioned or delayed. Landlord and Tenant shall diligently work together in good faith to agree upon such plans and specifications, it being agreed that Tenant shall have no right to request that such plans and specifications be revised to reflect any work which is not contemplated on Schedule 1 attached hereto except pursuant to Section 5 below. Upon approval, or deemed approval, of such additional plans and specifications the same shall be deemed the “Plans” for the purposes of this Work Letter. Except as may be otherwise shown on the Plans, Landlord shall paint select locations of the Premises, as determined by Landlord, with “IdeaPaint.” Subject to obtaining the Landlord’s consent in accordance with Article IX, Tenant may, at Tenant’s sole cost and expense, perform the following additional work, to be performed by a contractor approved by Landlord (the “Tenant’s Work”): (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenant’s Work shall be considered “alterations” for purposes of this Lease and shall be subject to the provisions of Article IX. Landlord shall use reasonable efforts to substantially complete the Landlord’s Work using new building standard materials, quantities and procedures then in use by December 16, 2018. Landlord shall use reasonable efforts to notify Tenant, orally or in writing, of any circumstances of which Landlord is aware that have caused or may cause a delay in the substantial completion of the Landlord’s Work. Notwithstanding anything to the contrary herein, Landlord’s Work shall become part of the Premises and shall become the property of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease Term.
Appears in 1 contract
Sources: Lease Agreement (JetPay Corp)
Landlord’s Work. Landlord (a) Subject to the Tenant Allowance as defined in subsection (b) below, Landlord, in a good and workmanlike manner and using Building standard materials and finishes, shall deliver the Premises to Tenant in the configuration depicted in the plan attached hereto as Exhibit B (excluding work identified in Exhibit B to be performed by Tenant). Landlord shall perform the following construct and do such work in the Premises at Landlord’s sole cost and expense (the collectively, “Landlord’s Work”): ) in substantial conformity with the plans and outline specifications of the plan, TF1 prepared by D2 Solutions dated 5/29/13, attached hereto as Exhibit “B”. If any material revision or supplement to Landlord’s Work is deemed necessary by Landlord, those revisions and supplements shall be submitted to Tenant for approval, which approval shall not be unreasonably withheld or delayed. To the extent that Landlord’s Work is delayed in being Substantially Completed (as hereinafter defined) as a result of: (i) re-paint the Premises; and (ii) re-carpet the Premises. At the direction of Tenant, and at Tenant’s sole cost failure to furnish plans and expense, Landlord shall paint select locations specifications or provide any other reasonably requested information or approvals related to the furtherance of the Premises, as determined by Landlord, with “IdeaPaint.” Subject to obtaining the Landlord’s consent in accordance with Article IX, Work within five (5) business days following Landlord’s written request to Tenant may, at Tenant’s sole cost and expense, perform for the following additional work, to be performed by a contractor approved by Landlord (the “Tenant’s Work”): (i) install new doorssame; (ii) install additional lightingTenant’s request for materials, finishes or installations other than Building standard materials and finishes or as otherwise originally agreed to by Landlord and Tenant; (iii) install marker wallpaperTenant’s changes in said plans, including but not limited to any Change Order (as hereinafter defined) which changes have an associated charge; and (iv) install additional cabling. the performance or completion of any work, labor or services by Tenant or any party employed or engaged by or on behalf of Tenant; or (v) Tenant’s Work failure to approve or provide comments to final plans, working drawings or reflective ceiling plans within five (5) business days following Landlord’s written request to Tenant for the same (each, a “Tenant’s Delay”); then the commencement of the Term of the Lease and the payment of Fixed Rent hereunder shall be considered “alterations” for purposes accelerated by the number of this Lease and shall be subject days of such Tenant Delay. If any change, revision or supplement to the provisions scope of Article IX. Landlord shall use reasonable efforts to substantially complete the Landlord’s Work is requested by December 16, 2018. Tenant following the date that Landlord and Tenant agreed on the final plans therefor (“Change Order”) then all such increased costs associated with such Change Order shall use reasonable efforts to notify Tenant, orally or in writing, of any circumstances of which Landlord is aware that have caused or may cause a delay in be paid by Tenant upfront and the substantial completion occurrence of the LandlordChange Order shall not change the Fourth Amendment Additional Premises Commencement Date and shall not alter Tenant’s Workobligations under the Lease. Notwithstanding anything to the contrary hereinstated in this Section 5, the Fourth Amendment Additional Premises Term shall commence on the date the Premises would have been delivered to Tenant but for Tenant’s Delay or the Change Order. After receipt of notification from Landlord, Landlord and Tenant shall schedule a pre-occupancy inspection of the Premises at which time a punch list of outstanding items, if any, shall be generated. Neither Landlord nor Tenant shall unreasonably withhold agreement on punch list items. Within a reasonable time (not to exceed thirty (30) days thereafter, Landlord shall complete the punch list items to Tenant’s reasonable satisfaction. Except for Landlord’s obligation to complete the Landlord’s Work, Tenant shall lease the Premises in “AS IS” condition, without representation or warranty.
(b) Landlord shall be responsible for payment of a maximum cost of $43.40 per rentable square foot of the Fourth Amendment Additional Premises) for all costs and expenses of and related to the Landlord’s Work (“Tenant Allowance”). All costs in excess thereof incurred by Landlord for Landlord’s Work shall become part be paid by Tenant to Landlord within thirty (30) days of Tenant’s receipt of an invoice therefor. If the cost of Landlord’s Work is less than the Tenant Allowance, the unused portion of the Tenant Allowance may be used by Tenant to reimburse Tenant for actual costs incurred to occupy the Premises and for alterations to be made to the Existing Premises.
(c) All of Landlord’s Work shall become the property of Landlord be constructed in a good and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease Termworkmanlike manner, in compliance with all applicable laws, ordinances and regulations.
Appears in 1 contract
Sources: Lease (Qlik Technologies Inc)
Landlord’s Work. Landlord shall deliver the Premises to Tenant in the configuration depicted in the plan attached hereto as Exhibit B (excluding work identified in Exhibit B to be performed by Tenant). Landlord shall perform the following work in the Premises shall, with diligence and dispatch, at Landlord’s sole cost and expense (the “Landlord’s Work”): (i) re-paint the Premises; and (ii) re-carpet the Premises. At the direction of Tenant, and at Tenant’s its --------------- sole cost and expense, demolish the existing tenant installation as necessary, install the electric submeters referred to in Section 5(c), construct such demising walls as are necessary to separate the Leased Premises from the remainder of the Building based upon plans prepared by Tenant's architect and approved by Landlord pursuant to the terms and provisions of Section 9(a) hereof, and, to the extent required as a result of such division, adjust the Building's fire alarm system and damper. In addition, Landlord shall paint select locations deliver the Leased Premises to Tenant with the following work completed: (i) primary HVAC distribution system up to and including the main HVAC duct serving the Leased Premises; (ii) electrical services of 8 ▇▇▇▇▇ per rentable square foot, (iii) the sprinkler system which is currently installed in the Leased Premises, including the existing branch distribution, and (iv) uninterruptable power service/emergency power service ("UPS/EPS") capability of 175 KVA. Tenant shall be responsible for the connection of the PremisesUPS/EPS system to Tenant's equipment. Landlord's current estimate of Tenant's prorated annual cost for use of the UPS/EPS system is Eight Thousand Dollars ($8,000.00); however, this shall not be intended nor construed as determined by a representation as to future costs for operation of this system. Tenant acknowledges that the Leased Premises have been fully built out with a modern computer installation, including substantial Building and tenant enhancements and alterations, and, subject only to the foregoing provisions concerning Landlord, with “IdeaPaint.” Subject to obtaining the Landlord’s consent in accordance with Article IX's Work, Tenant mayagrees to accept the Leased Premises in the current "as is" condition. Tenant agrees to reimburse Landlord upon request for any out-of-pocket third-party costs reasonably incurred by Landlord in reviewing Tenant's plans. Landlord and Tenant hereby agree that (i) if at any time after the commencement of the Term, any Governmental Authority shall contend or declare that the Common Areas do not comply with the Americans with Disabilities Act (the "Act"), Landlord shall promptly perform such work as is necessary to cause the Common Areas to comply with the Act, at Landlord's sole cost and expense to the extent the Common Areas do not comply in all material respects with the Act as of the date hereof, and (ii) if at any time after the commencement of the Term, any Governmental Authority shall contend or declare that the Leased Premises do not comply with the Act, Tenant shall promptly perform such work as is necessary to cause the Leased Premises to comply with the Act, at Tenant’s 's sole cost and expense, perform the following additional work, to be performed by a contractor approved by Landlord (the “Tenant’s Work”): (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; . It is expressly understood and (iv) install additional cabling. Tenant’s agreed that once Landlord's Work shall be considered “alterations” for purposes of this Lease and shall be subject to the provisions of Article IXis completed. Landlord shall use reasonable efforts deliver possession of the Leased Premises so that Tenant's sole obligation is to substantially complete obtain a building permit, if necessary, for Tenant's Initial Work to the Landlord’s Work by December 16, 2018Leased Premises. Landlord shall provide Tenant with the use reasonable efforts of two (2) 40 ton Liebert Air Handler Units (the "Liebert Units") with dehumidification for Tenant's data center on an "as-is" basis", which shall be in working condition at the time of turnover to notify Tenant. Landlord expressly disclaims all warranties and representations express or implied, orally as to such Units or in writingthe condition thereof, including warranties of merchantability and fitness for use. Tenant to be responsible for any circumstances of which Landlord is aware that have caused or may cause a delay in the substantial completion costs associated with relocation of the Landlord’s WorkUnits, as well as the operation, replacement and maintenance of these Units. Notwithstanding anything Landlord shall be responsible for the costs of repiping chilled water connections to the contrary hereinLiebert Units. Said Units shall, Landlord’s Work shall become part of the Premises and shall become however, remain the property of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease TermLandlord.
Appears in 1 contract
Landlord’s Work. Landlord shall, at Landlord's sole cost and expense perform the following: (i) replace and raise the ceiling grid currently located in the Premises to a height of ten (10) feet and add drywall as necessary to accommodate the new ceiling height; (ii) relocate the current HVAC chase to a location that is adjacent to the break room which will occupy a portion of "open area 239" as shown on plans dated July 19, 2002; (iii) close up the skylight in the Premises; (iv) windbracing shall deliver be removed and relocated per engineering drawings by Landlord; and (v) Landlord warrants and represents that, because there is no windbracing in the existing support wall beside the restrooms, Tenant may create two (2) openings in said wall per the drawing prepared by Design Management dated 8/28/02. Any tile installation, lighting, insulation modification, mechanical work or other alterations required as a result of the replacement and relocation of the ceiling grid shall be paid for out of Landlord's Allowance. EXHIBIT C 2161 NEWMARKET BUILDING OCCUPANCY ESTOPPEL CERTIFICATE THIS OCCUPANCY ESTOPPEL CERTIFICATE ("Certificate") is given by MATRIA HEALTHCARE, INC. ("Tenant") to TRIZEC REALTY, INC. ("Landlord"), with respect to that certain Lease Agreement dated ____________________, 20 ___ ("Lease"), under which Tenant has leased from Landlord certain premises known as Suite 233 ("Premises") in the 2161 Newmarket Office Building ("Building"). In consideration of the mutual covenants and agreements stated in the Lease, and intending that this Certificate may be relied upon by Landlord and any prospective purchaser or present or prospective mortgagee, deed of trust beneficiary or ground lessor of all or a portion of the Building, Tenant certifies as follows:
1. Except for those terms expressly defined in this Certificate, all initially capitalized terms will have the meanings stated for such terms in the Lease.
2. Landlord first delivered possession of the Premises to Tenant in (either for occupancy by Tenant or for the configuration depicted in the plan attached hereto as Exhibit B (excluding work identified in Exhibit B to be performed commencement of construction by Tenant)) on _______________, 20 ____.
3. Landlord shall perform the following work in Tenant moved into the Premises (or otherwise first occupied the Premises for Tenant's business purposes) on ____________________, 20 ____.
4. The Commencement Date occurred on _______________, 20___, and the Expiration Date will occur on ____________________, 20 ____.
5. Tenant's obligation to make monthly payments of Rent and Additional Rent under the Lease began (or will begin) on __________________, 20 ____. Executed this _______ day of ______________, 20 ___. TENANT: MATRIA HEALTHCARE, INC. By:___________________________ Printed Name:__________________ Title:_________________________ Exhibit D 2161 NEWMARKET BUILDING Rules and Regulations
1. SIGN DISPLAY Landlord will provide at Landlord’s sole cost and 's expense (the “Landlord’s Work”): (i) re-paint the Premises; and (ii) re-carpet signage for the Premises. At Such signage will be coordinated throughout the direction business park for uniformity and attractiveness. No sign, tag, label, picture, advertisement or notice shall be displayed distributed, inscribed, painted or affixed by Tenant on any part of Tenantthe outside of the building or of the demised Premises without prior written consent of Landlord. In addition to the foregoing Landlord shall place, and at Tenant’s 's sole cost and expense, Landlord shall paint select locations of the Premises, as determined by Landlord, with “IdeaPaint.” Subject to obtaining name "American Freedom Mortgage" on the Landlord’s consent in accordance with Article IX, Tenant may, existing monument sign at Tenant’s sole cost and expense, perform the following additional work, to be performed by a contractor approved by Landlord (the “Tenant’s Work”): (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenant’s Work shall be considered “alterations” for purposes of this Lease and shall be subject Franklin Road entrance to the provisions of Article IX. Landlord shall use reasonable efforts to substantially complete the Landlord’s Work by December 16, 2018. Landlord shall use reasonable efforts to notify Tenant, orally or in writing, of any circumstances of which Landlord is aware that have caused or may cause a delay in the substantial completion of the Landlord’s Work. Notwithstanding anything to the contrary herein, Landlord’s Work shall become part of the Premises and shall become the property of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease TermComplex.
Appears in 1 contract
Landlord’s Work. (a) Subject to Unavoidable Delays (as hereinafter defined), within the earlier of one hundred twenty (120) days after (I) the ▇▇▇ Effective Date or (II) the ▇▇▇ Deadline (as hereinafter defined), Landlord shall deliver shall, at its cost and expense, complete the Premises following work: (i) make modifications to Tenant the east side diesel storage tanks which fuel the generators in accordance with the configuration depicted plans/scope of work attached hereto and made a part hereof as Exhibit “C” prepared by ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, AIA (“Shure”) to comply with Suffolk County Department of Health Services (“Department of Health”) requirements (“Tank Work”), (ii) modify and connect the HVAC units (“HVAC Work”) in accordance with the engineer’s report issued by Precis Engineering (the “Engineer”) attached hereto and made a part hereof as Exhibit “D” and (iii) install a new roof membrane over areas of the existing Building roof (“Roof Work”) denoted as “Old Roof” on the plan attached hereto as Exhibit B “E.” All such work shall be completed in a good and workmanlike manner. Within such one hundred twenty (excluding work identified in Exhibit B to be performed by Tenant). 120) day period, Landlord shall perform the following work in the Premises (at Landlord’s sole cost cost) shall submit an application to the Department of Health respecting the Tank Work. Landlord acknowledges that Landlord is responsible for modifying the generator diesel tanks to comply with Department of Health requirements, and expense Landlord shall diligently prosecute such application until the Department of Health issues a certificate or other writing certifying the completion of the Tank Work in accordance with applicable requirements. Landlord represents that those portions of the Building roof not marked “Old Roof” on Exhibit “E” are original to the Building and remain in good condition as of the Amendment Date.
(the b) The work referenced in Section 11(a) will be deemed complete (“Landlord’s Completed Work”): ) when (i) re-paint with respect to Section 11(a)(i) and (iii) above, Landlord provides to Tenant Shure’s written certification that (x) the PremisesTank Work has been completed in accordance with the plans/scope of work attached hereto as Exhibit “C,” and (y) the Roof Work has been fully and properly completed, using good quality materials, in those areas marked ‘Old Roof’ in Exhibit “E”; and and, (ii) re-carpet with respect to Section 11(a)(ii) above, the Premises. At Engineer provides written certification that the direction of Tenant, and at Tenant’s sole cost and expense, Landlord shall paint select locations of the Premises, as determined by Landlord, with “IdeaPaint.” Subject to obtaining the Landlord’s consent HVAC Work has been completed in accordance with Article IXthe plans/scope of work attached hereto as Exhibit “D,” it being understood, however, that the Engineer is required to inspect the HVAC Work within fifteen (15) business days after receipt of Landlord’s written notice to the Engineer and Tenant maythat the HVAC Work is complete. If the Engineer does not inspect the work timely, at Tenant’s sole cost and expense, perform the following additional work, to be performed by a contractor approved by Landlord (the “Tenant’s Work”): (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenant’s Work shall be considered “alterations” for purposes of this Lease Section 11(b) it will be deemed that the HVAC Work is completed. Within fifteen (15) business days after Landlord completes all work referenced in Section 11(a), Tenant shall cause the Work Agreement Balance to be paid and shall be subject released to the provisions of Article IX. Landlord shall use reasonable efforts to substantially complete the Landlord’s Work by December 16, 2018. Landlord shall use reasonable efforts to notify Tenant, orally or in writing, of any circumstances of which Landlord is aware that have caused or may cause a delay in the substantial completion of the Landlord’s Work. Notwithstanding anything to the contrary herein, Landlord’s Work shall become part of the Premises and shall become the property of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease Term.
Appears in 1 contract
Sources: Agreement of Lease (Icon PLC)
Landlord’s Work. (a) Paragraph 2.4 of the Lease is hereby modified by deleting the second sentence thereof and replacing it with the following: On or before the 4th Floor Intended Commencement Date, Landlord shall deliver the fourth (4th) floor of the Leased Premises to with the 4th Floor Tenant Improvements (as defined in the configuration depicted in the plan Work Letter attached hereto as Exhibit C) (the “Work Letter”) substantially complete (as described in Paragraph 7 of the Work Letter) and with the
1. Amendment No. 1 to Building B Bridge Space Lease fourth (excluding work identified in Exhibit B 4th) floor of the Leased Premises and such portion of the Landlord’s Work being Title 24 and ADA compliant as configured upon delivery to be performed by Tenant). On or before the 2nd and 3rd Floor Intended Commencement Date, Landlord shall perform deliver the following second (2nd) and third (3rd) floors of the Leased Premises with the 2nd and 3rd Floor Tenant Improvements (as defined in the Work Letter) substantially complete and with the second (2nd) and third (3rd) floors of the Leased Premises and such portion of the Landlord’s Work being Title 24 and ADA compliant as configured upon delivery to Tenant (the foregoing work in the entirety of the Leased Premises at Landlord’s sole cost and expense (the is referred to herein as “Landlord’s Work”): (i) re-paint ). For the Premises; avoidance of confusion, there shall be no penalties and (ii) re-carpet the Premises. At the direction Tenant shall have no termination rights on account of Tenant, and at Tenant’s sole cost and expense, Landlord shall paint select locations of the Premises, as determined by Landlord, with “IdeaPaint.” Subject to obtaining the Landlord’s consent in accordance with Article IX, Tenant may, at Tenant’s sole cost and expense, perform failure to complete the following additional work, to be performed by a contractor approved by Landlord (the “Tenant’s Work”): (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenant’s Work shall be considered “alterations” for purposes foregoing portions of this Lease and shall be subject to the provisions of Article IX. Landlord shall use reasonable efforts to substantially complete the Landlord’s Work by December 16the dates set forth herein, 2018. Landlord shall use reasonable efforts to notify Tenant, orally or in writing, it being the intent of any circumstances the parties that the sole consequence of which Landlord is aware that have caused or may cause a delay such delays would be similar delays in the substantial completion of the Landlord’s Work. Notwithstanding anything dates by which Base Monthly Rent would commence under this Lease.
(b) Exhibit C attached to the contrary herein, Landlord’s Work shall become part of the Premises Lease is hereby deleted and shall become the property of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease Termreplaced with Exhibit C attached to this Amendment.
Appears in 1 contract
Sources: Building B Bridge Space Lease (Palo Alto Networks Inc)
Landlord’s Work. (a) Landlord shall deliver cause the construction of the Building and other improvements to the Premises to Tenant by a general contractor selected by Landlord, in substantial accordance with the configuration depicted Final Plans ("Landlord's Work"). The ownership of all such improvements will vest in the plan attached hereto as Exhibit B (excluding work identified in Exhibit B to be performed by Tenant)Landlord. Landlord shall perform the following work diligently prosecute Landlord's Work to completion and in the Premises at Landlord’s sole cost and expense (the “Landlord’s Work”): (i) re-paint the Premises; and (ii) re-carpet the Premises. At the direction of Tenant, and at Tenant’s sole cost and expense, Landlord shall paint select locations of the Premises, as determined by Landlord, with “IdeaPaint.” Subject to obtaining the Landlord’s consent in accordance with Article IX, Tenant may, at Tenant’s sole cost and expense, perform the following additional work, to be performed by a contractor approved by Landlord (the “Tenant’s Work”): (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenant’s Work shall be considered “alterations” for purposes of this Lease and shall be subject to the provisions of Article IX. Landlord connection therewith shall use reasonable efforts to substantially complete Landlord's Work in accordance with the Landlord’s Work by December 16schedule set forth in Exhibit "D" (the "Project Schedule"), 2018. Landlord shall use reasonable efforts to notify Tenant, orally or but in writing, of any circumstances of which Landlord is aware that have caused or may cause a delay in no event later than two hundred forty (240) days following the substantial completion date the building permit for construction of the Building is issued by the Village of Buffalo Grove, all subject to Force Majeure (as defined in Section 19.13) and any delays caused, or Modifications or other change orders approved, by Tenant.
(b) Upon at least seventy-two (72) hours written notice from Landlord’s Work. Notwithstanding anything to , the contrary herein, Landlord’s Work parties shall become part of jointly inspect the Premises and prepare a punchlist of any incomplete Landlord's Work, including, without limitation, any elements of the Building Systems (as hereafter defined) which are not then in working order and sufficient to permit lawful occupancy of the Building. The punchlist shall become list incomplete, minor, or insubstantial detail of construction, necessary mechanical adjustments and needed finishing touches. If the property parties are unable to agree on the date of Landlord substantial completion or the completion of punchlist items, the matter shall be resolved by the Project Architect, whose decision shall be final and remain binding upon the parties. The parties agree to reasonably cooperate with one another in order to promptly obtain a Certificate of Occupancy for the Building from the Village of Buffalo Grove following Substantial Completion. For the purposes hereof, "Substantial Completion" shall be deemed achieved when: (i) the Project Architect certifies to Tenant that Landlord' s Work has been substantially completed in accordance with the Final Plans such that the Tenant can occupy the Premises as a part thereof upon for its Intended Use; and (ii) when Landlord's Work has met the expiration or earlier termination requirements of those governmental and quasi-governmental authorities having jurisdiction to permit lawful occupancy of the Lease TermBuilding. Landlord will cause the punchlist items to be completed within a reasonable time after the Commencement Date, but in any event not later than thirty (30) days thereafter, subject to Force Majeure. Additionally, at no expense to Tenant, Landlord shall cause the installation and/or correction within the Premises of any aspect of Landlord's Work which was not constructed or installed in substantial accordance with the Final Plans (a "Landlord's Omission") if the correction of such Landlord's Omission is later determined by the Village of Buffalo Grove to be necessary for the issuance of a certificate of occupancy for the Building. Except for (i) the completion of punchlist items and the correction of Landlord's Omissions as provided above, (ii) Landlord's agreement to enforce third party warranties with respect to latent defects, and (iii) as otherwise expressly provided in this Lease, Landlord shall have no liability to Tenant for any defects in Landlord's Work.
Appears in 1 contract
Landlord’s Work. The Landlord shall deliver construct the Building and the Property of which the Leased Premises forms a part, in accordance with the following plans and specifications, each dated March 18, 2004 and as previously delivered to Tenant the Tenant: Architectural, Mechanical/Electrical, Structural and Security (the “Plans”), and in accordance with the Base Building Modifications (the “Modifications”) set out in Schedule “D” attached hereto, as the Modifications (i) affect improvements in the configuration depicted in Property and the plan attached hereto as Exhibit B Leased Premises and (excluding work identified in Exhibit B to be performed by Tenant). Landlord shall perform ii) amend the following Plans (all of the above noted obligations, construction and work in the Premises at Landlord’s sole cost and expense (this Section 17.01 being referred to as the “Landlord’s Work”): ). No further changes may be made to the Plans which materially adversely affect (i) re-paint the Premises; and Tenant’s Work, (ii) re-carpet the Premises. At the direction cost of Tenant, and at Tenant’s sole cost and expense, Landlord shall paint select locations of the Premises, as determined by Landlord, with “IdeaPaint.” Subject to obtaining the Landlord’s consent in accordance with Article IX, Tenant may, at Tenant’s sole cost and expense, perform the following additional work, to be performed by a contractor approved by Landlord (the “completing Tenant’s Work”): (i) install new doors; (ii) install additional lighting; , or (iii) install marker wallpaper; and (iv) install additional cablingthe efficient operation of the Tenant’s business without the consent of the Tenant. TenantFor the purposes of this Lease, the condition of the Building as delivered to the Tenant on completion of the Landlord’s Work shall be considered “alterations” for purposes deemed to be the base building condition. Subject to events of this Lease force majeure and shall be subject to the provisions of Article IX. Landlord shall use reasonable efforts to substantially complete as contemplated by Section 1.03,
(a) the Landlord’s Work in the Leased Premises shall be substantially completed by no later than November 1, 2004; and
(b) the Landlord’s Work for the Building shall be substantially completed by no later than February 28, 2005 to enable Business Occupancy. Should the Landlord’s Work in the Leased Premises not be substantially completed by December 161, 20182004 and the Landlord’s Work for the Building by March 28, 2005, as a result of a default by the Landlord that is not an event of force majeure, the Tenant shall be entitled to two (2) days’ free Minimum Rent, prorated based on a 30 day month, for each day after December 1, 2004, in the case of the Landlord’s Work in the Leased Premises or March 28, 2005, in the case of Landlord’s Work for the Building, that the Landlord’s Work is not substantially completed and the Tenant has not been delivered possession or cannot achieve Business Occupancy, as the case may be, of the Leased Premises. The Landlord shall undertakes to use reasonable commercial efforts to notify Tenantprovide the Tenant with as much advance written notice as is reasonably possible as to the anticipated date of substantial completion of the Landlord’s Work in the Leased Premises or the Landlord’s Work for the Building, orally which in any event shall be at least five (5) days advance notice. The parties agree that two (2) days’ free Minimum Rent for each day after December 1, 2004, in the case of the Landlord’s Work in the Leased Premises or March 28, 2005, in writingthe case of Landlord’s Work for the Building, that the Landlord’s Work is not substantially completed and the Tenant has not been delivered possession or cannot achieve Business Occupancy of the Leased Premises, as the case may be, is a representation of the true damages that the Tenant will suffer as a result of any circumstances of which Landlord is aware that have caused or may cause a delay in the substantial completion of the Landlord’s WorkWork and the Landlord’s failure to deliver possession of the Leased Premises and is not a penalty. Notwithstanding anything to Should the contrary herein, Landlord’s Work shall become part not be substantially complete in the Leased Premises and the Tenant not be delivered possession of the Leased Premises by November 1, 2005, for any reason whatsoever, then at the Tenant’s sole option and shall become discretion the property of Landlord Tenant may terminate this Lease, and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease Termdamages will be calculated in their usual manner.
Appears in 1 contract
Landlord’s Work. As Landlord’s Work, Landlord shall deliver cause its contractor to construct leasehold improvements in the Premises to substantially in accordance with the Initial Plan and any Architectural Plans approved by Tenant and Landlord as provided in Section 2 of this Exhibit. Any work required by Tenant in the configuration depicted addition to Landlord’s Work shall be constructed at Tenant’s expense by Landlord as Additional Work as provided in the plan attached hereto as Section 5 of this Exhibit B (excluding work identified or by Tenant pursuant to Section 7 of this Exhibit in Exhibit B to be performed by Tenant). Landlord shall perform the following a manner that does not interfere with Landlord’s Work or other work in the Premises at Project. Following compliance with Sections 2 and 3 of this Exhibit, Landlord shall obtain a building permit and, subject to the other terms and conditions of this Exhibit and the Lease, shall proceed diligently to cause Landlord’s sole cost Work to be substantially completed. It is expressly understood that all work to be done in the Premises shall be subject to approval by Landlord and expense (that no work shall be undertaken in the Premises until such approval is given in writing. For purposes of this Exhibit, “Landlord’s Work”): substantial completion” means: (i) re-paint completion of Landlord’s Work except for minor finishing and punchlist activity which docs not materially interfere with Tenant’s use and occupancy of the Premises; and (ii) re-carpet issuance of any necessary municipal certificate of occupancy Within thirty (30) days after the Premises. At Commencement Date of the direction of TenantLease, and at Tenant’s sole cost and expense, Landlord the parties shall paint select locations of inspect the Premises, as determined by Landlordhave all systems demonstrated, with “IdeaPaint.” Subject to obtaining the Landlord’s consent in accordance with Article IX, Tenant may, at Tenant’s sole cost and expense, perform the following additional work, to be performed by prepare a contractor approved by Landlord (the “Tenant’s Work”): (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenant’s Work shall be considered “alterations” for purposes punchlist of this Lease and shall be subject to the provisions incomplete or defective details of Article IXconstruction. Landlord shall will use reasonable efforts diligence to substantially promptly complete the punchlist items after Tenant provides the punchlist to Landlord. A certificate signed by the Architect that Landlord’s Work by December 16, 2018. Landlord has been substantially completed or finally completed shall use reasonable efforts to notify Tenant, orally or in writing, of any circumstances of which Landlord is aware that have caused or may cause a delay in be conclusive and binding on the substantial completion of the Landlord’s Work. Notwithstanding anything to the contrary herein, Landlord’s Work shall become part of the Premises and shall become the property of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease Termparties.
Appears in 1 contract
Sources: Assignment and Assumption of Leases (Quest Resource Corp)
Landlord’s Work. Landlord shall deliver the Premises to Tenant in the configuration depicted in the plan attached hereto as Exhibit B (excluding work identified in Exhibit B to be performed by Tenant). Landlord shall perform shall, at Landlord's sole cost, cause the following work to be performed: (a) within one (1) year after the Commencement Date, install ▇▇▇▇▇▇▇▇▇▇ ▇▇-▇▇-▇▇ roofing system (or its equivalent) with twenty (20) year guarantee including installation of new curb mount, steel frame, single dome skylights and smoke vents in accordance with the June 8, 2015 proposal from Highland Commercial Roofing (or an equivalent or better proposal from a different vendor, as mutually agreed by Landlord and Tenant), (b) install a demising wall(s) separating the Premises at Landlord’s sole cost from the remainder of the Project utilizing specifications and expense materials reasonably determined by Landlord (the “Landlord’s "Demising Work”): "), which Demising Work shall include the separation of the electric service as described in Section 11(a) below. In order to separate the electric service, Landlord and Tenant contemplate that the existing 120/208 gear currently serving the Project will be upgraded to 277/480 and then be dedicated to serve the space which is the subject of the Short Term Lease (i) defined below). The 120/208 load currently connected to the existing 120/208 gear will be disconnected and re-paint connected (through a new step-down transformer) to the Premises; and (ii) re-carpet existing 277/480 gear currently serving the Project. A 1.5MW generator will be supplied to maintain the Tenant's 120/208 service during the changeover if change over cannot be scheduled during a period which would not unreasonably interfere with Tenant's business. The existing 277/480 gear will then be dedicated to serve the Premises. At The Demising Work shall be completed prior to the direction date which is the earlier of the date that is one (1) year after Tenant has surrendered the Short Term Lease space to Landlord in the condition required in the Short Term Lease, or the date any new tenant commences occupancy of space in the remainder of the Project, (c) repaint the exterior of the Project utilizing specifications and materials reasonably determined by Landlord and reasonably approved by Tenant, with such work to be completed prior to the date which is two (2) years after the Commencement Date, (d) slurry coat, repair and at Tenant’s sole cost and expense, Landlord shall paint select locations reseal the parking lot of the PremisesProject pursuant to a parking, as striping and truck loading plan reasonably determined by Landlord, with “IdeaPaint.” Subject such work to obtaining be completed on or before the Landlord’s consent date which is two (2) years after the Commencement Date, and (e) upgrade the landscaping at the Project pursuant to a plan reasonably determined by Landlord within one (1) year after the Commencement Date. Tenant agrees that Landlord shall be provided with access to the Premises to complete such Demising Work in accordance with, and subject to, Article 12 below, and shall reasonably cooperate with Article IXLandlord so as to allow Landlord to timely complete all of the foregoing work. Except as otherwise expressly provided in this Lease, Tenant may, at Tenant’s sole cost and expense, perform Landlord agrees that any costs to relocate electrical conduits required by the following additional work, to be performed by a contractor approved by Landlord (the “Tenant’s Work”): (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenant’s Demising Work shall be considered “alterations” for purposes borne by Landlord and any shutdown of this Lease and the electrical system to the Premises required by the Demising Work shall be subject performed pursuant to the provisions of Article IX. Landlord shall use reasonable efforts a schedule mutually acceptable to substantially complete the Landlord’s Work by December 16, 2018. Landlord shall use reasonable efforts to notify Tenant, orally or in writing, of any circumstances of which Landlord is aware that have caused or may cause a delay in the substantial completion of the Landlord’s Work. Notwithstanding anything to the contrary herein, Landlord’s Work shall become part of the Premises and shall become the property of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease TermTenant.
Appears in 1 contract
Sources: Lease (Cohu Inc)
Landlord’s Work. Landlord Promptly following full execution of this Lease, Landlord, in a good and workmanlike manner and at Landlord's expense, (a) shall deliver undertake demolition of those portions of the Premises identified on and in accordance with Tenant's demolition plans and specifications, prepared by ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Architects, dated 2/1/94, consisting of five (5) sheets numbered D1 through D5 and labelled "PMARE @ MELLON BANK CENTER", a true and correct copy of which has been delivered to Tenant and approved by Landlord (excluding any demolition of areas on the 30th floor of the Building shown on such plans and specifications but not contained in the configuration depicted in Premises on the plan attached hereto as Exhibit B 30th floor of the Building), and (excluding work identified in Exhibit B to be performed by Tenantb) shall remove and dispose of the debris resulting from such demolition ("Landlord's Work"). Landlord shall perform the following work in the Premises at Landlord’s sole cost and expense (the “Landlord’s Work”): (i) re-paint the Premises; and (ii) re-carpet the Premises. At the direction of Tenant, and at Tenant’s sole cost and expense, Landlord shall paint select locations of the Premises, as determined by Landlord, with “IdeaPaint.” Subject to obtaining complete the Landlord’s consent in accordance with Article IX, Tenant may, at Tenant’s sole cost and expense, perform 's Work within twenty-one (21) days from the following additional work, to be performed by a contractor approved by Landlord (the “Tenant’s Work”): (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenant’s Work shall be considered “alterations” for purposes date of full execution of this Lease and shall be subject except with respect to the provisions of Article IX. Landlord shall use reasonable efforts to substantially complete the Landlord’s Work by December 16, 2018. Landlord shall use reasonable efforts to notify Tenant, orally or in writing, of any circumstances of which Landlord is aware that have caused or may cause a delay in the substantial completion removal of the Landlord’s Work. Notwithstanding anything to stairs between the contrary herein, Landlord’s Work shall become part floors of the Premises and redecking of the floors, which Landlord shall become complete within forty-two (42) days from the property date of full execution of this Lease; provided, however, that the aforesaid periods for completion of Landlord's Work shall be extended one day for each day that Landlord is delayed in the performance of such work by reason of interference by Tenant's contractors or subcontractors performing work in the Premises. During the period of Landlord's performance of Landlord's Work, Landlord shall control the hours and remain upon locations at which Tenant's contractors and subcontractors may perform work within the Premises, but Landlord shall not be responsible for any aspect of the work performed by Tenant's contractors and subcontractors by reason of such control. Landlord shall leave in the Premises as a part thereof upon the expiration or earlier termination those salvageable materials listed on Exhibit "J" attached hereto, in reasonably good and serviceable condition, for use by Tenant in performance of the Lease TermTenant Work.
Appears in 1 contract
Landlord’s Work. Landlord shall deliver Section 38.1 Landlord, at its expense (subject to the Premises to Tenant in the configuration depicted in the plan attached hereto as Exhibit B (excluding work identified in Exhibit B to be performed by Tenantprovisions of Article 45). Landlord , shall perform the following work in the Building and/or the Premises at (other than in the 2nd through 5th floors and the 11th and 12th floors, in which no Landlord’s sole cost and expense Work shall be performed, except as provided otherwise in item (the B) below) (“Landlord’s Work”): ):
(iA) redemolish and remove all existing leasehold improvements back to the core walls, in accordance with the demolition specifications annexed to this Lease as Schedule C;
(B) either install two renovated, ADA-paint compliant restrooms or renovate the Premises; two existing restrooms and install one unisex ADA-compliant restroom, on each floor of the Premises (iiother than the 11th and 12th floors) re(the “Restroom Work”), all of such restrooms substantially consistent with the finish quality of the core restrooms on the 11th floor, which is more particularly described in Schedule R annexed to this Lease, provided that Landlord may substitute other finishes and materials of similar or higher quality, provided further that Landlord shall first obtain Tenant’s consent to any substitution of finishes or materials, which consent shall not be unreasonably withheld, conditioned or delayed and which, in any event, shall be given or withheld by Tenant with three (3) Business Days after Landlord shall have requested Tenant’s consent. Landlord shall designate the location on the floor of any unisex ADA-carpet compliant restroom to be installed by Landlord, subject to Tenant’s approval (which shall not be unreasonably withheld, conditioned or delayed and which, in any event, shall be given or withheld by Tenant within three (3) Business Days after Landlord identifies such locations to Tenant);
(C) deliver three (3) original Forms ACP-5 with respect to the Premises. At Premises within five (5) Business Days after the direction submission to Landlord for its review of Tenant’s plans and specifications for the applicable Initial Alterations, and at which ACP-5 shall state that no asbestos or asbestos-containing materials shall be required to be encapsulated, abated or otherwise removed in connection with Tenant’s sole cost and expenseperformance of its Initial Alterations; provided, however, that if, during the course of Tenant’s Initial Alterations, Tenant encounters asbestos or asbestos-containing materials, then the provisions of Section 9.6 of this Lease shall apply, and, after Landlord performs the work described in Section 9.6, Landlord shall paint select locations deliver to Tenant a Form ACP-5 stating that no asbestos or asbestos-containing materials shall be required to be encapsulated, abated or otherwise removed;
(D) complete the mechanical modernization and cosmetic upgrade of the interiors of the elevator cabs (including the freight elevator) in the Building, in accordance with the contract annexed to this Lease as Schedule S-1 (the “Elevator Work”). The interior cab (along with a description of the finishes and materials) is depicted in Schedule S annexed to this Lease, provided that Landlord may substitute other finishes and materials of similar or higher quality;
(E) cosmetically upgrade the ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ and ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ lobbies of the Building substantially in accordance with the renderings (along with a description of the finishes and materials) contained in Schedule K, provided that Landlord may substitute other finishes and materials of similar or higher quality (the “Building Lobby Work”);
(F) upgrade the ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ and ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ storefronts and entrance doors substantially in accordance with the renderings contained in Schedule L, provided that Landlord may substitute other finishes and materials of similar or higher quality (the “Building Storefront Work”);
(G) repair and upgrade, as required by Laws, the standard and emergency back-up lighting in the fire stairwells between Tenant’s floors (the work described in this clause (G), together with the work described in clause (I) below, collectively “Stairwell Work”);
(H) install a new cooling tower to service the Premises, as determined other than the 11th and 12th floors and replace the HVAC package units on floors 2 through 10. All new HVAC package units shall be equipped with variable frequency drives and ready for the installation of Tenant’s VAV ductwork system; and
(I) paint the existing fire stairwells between Tenant’s floors in a color jointly selected by Landlord, with “IdeaPaint.” Subject to obtaining the Landlord and Tenant from Landlord’s consent Building-standard color chart. With respect to the items described in accordance with Article IXitems (E) and (F) above, Landlord shall include Tenant may, at in the review process for the finishes and materials and shall take into consideration (without being bound thereby) Tenant’s sole cost reasonable comments and expense, perform the following additional work, to be performed by a contractor approved by Landlord (the “Tenant’s Work”): (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenant’s Work shall be considered “alterations” for purposes of this Lease and shall be subject to the provisions of Article IX. Landlord shall use reasonable efforts to substantially complete the Landlord’s Work by December 16, 2018. Landlord shall use reasonable efforts to notify Tenant, orally or in writing, of any circumstances of which Landlord is aware that have caused or may cause a delay in the substantial completion of the Landlord’s Workrecommendations. Notwithstanding anything to the contrary hereincontained in the Reference Page or elsewhere in this Lease, the work described in item (A) above is the only item of Landlord’s Work shall become part that must be Substantially Completed as a condition of the Premises occurrence of the Commencement Date, and Tenant acknowledges that the work described in item (A) with respect to the 6th and 10th floors has been Substantially Completed as of the date of this Lease. Other than such work, Landlord shall perform Landlord’s Work (including the removal of the internal staircase and the sealing of the penetration in the slabs between floors 7, 8 and 9, if elected by Tenant) after the occurrence of the Commencement Date and Tenant shall grant Landlord access to the Premises, if required, to perform such work. Tenant acknowledges that in order for Landlord to properly perform the work described in item (B) above, each such floor must be vacant (and Tenant shall have given Landlord at least 120 days advance notice of such vacancy, except with respect to floors 6 and 10) prior to the commencement by Landlord of such work. Landlord shall perform Landlord’s Work expeditiously and shall become use commercially reasonable efforts to Substantially Complete certain elements of such work in accordance with dates set forth in Article 45. In any event, to the property extent such work is required to be performed within the Premises, Landlord shall perform such work in a manner which shall not cause a delay by Tenant in the completion of the Initial Alterations in the Premises. Landlord and remain upon Tenant shall take commercially reasonable steps to coordinate the Premises as a part thereof upon performance by Landlord of Landlord’s Work and the expiration or earlier termination performance by Tenant of the Lease TermInitial Alterations so that neither party is delayed in the completion of its work. Articles 45 and 46 set forth certain remedies of Tenant if Landlord fails to complete certain elements of Landlord’s Work by the dates set forth therein.
Appears in 1 contract
Sources: Lease Agreement (Digitas Inc)
Landlord’s Work. Prior to delivery of possession, Landlord shall deliver the Premises to Tenant in the configuration depicted in the plan attached hereto as Exhibit B (excluding work identified in Exhibit B to be performed by Tenant). Landlord shall perform the following work in the Premises furnish and install, at Landlord’s sole cost and expense expense, certain new leasehold improvements in the Demised Premises (the “Landlord’s Work”): (i) re-paint the Premises; and (ii) re-carpet the Premises. At the direction of Tenant), and at Tenant’s sole cost and expense, Landlord which shall paint select locations of the Premises, as determined by Landlord, with “IdeaPaint.” Subject to obtaining the Landlord’s consent in accordance with Article IX, Tenant may, at Tenant’s sole cost and expense, perform the following additional work, to be performed by Landlord and/or its agents and subcontractors in a good and workmanlike manner. An affiliate of Landlord, namely, Minkoff Development Corporation (“MDC”), shall act as general contractor approved by Landlord (the “Tenantand construction manager for Landlord’s Work”): (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. TenantThe scope of Landlord’s Work shall be considered “alterations” for purposes as follows, and unless otherwise noted, all materials, finishes, fixtures, hardware and equipment installed as part of this Lease and shall be subject to the provisions of Article IX. Landlord shall use reasonable efforts to substantially complete the Landlord’s Work shall be selected from Landlord’s Building Standard items: Ø Construct a full height, 2 hour rated demising wall along column line 11 on the second floor of the Building, located on the column line 10 side of column line 11, as shown on the Building architectural drawings prepared by December 16DNC Architects, 2018Inc. The wall will be taped, spackled, sanded and ready for painting by Tenant. All existing improvements that (i) are in the way of constructing the new demising wall, or (ii) penetrate the new wall will be disconnected and/or demolished on the Tenant’s side of the new demising wall; they will not be reconnected and/or reconstructed in the Demised Premises. Accordingly, to the extent that the existing plumbing, electrical, HVAC and mechanical systems are affected by the construction of the new demising wall, they will not be in good working order on the date Landlord shall use reasonable efforts delivers possession of the Demised Premises to notify Tenant, orally or in writingas Tenant will be modifying and completing those systems as part of Tenant’s Work. Ø Construct a full height, 2 hour rated demising wall along column line 13 on the first floor of any circumstances the Building, located on the column line 12.5 side of which Landlord is aware column line 13 and immediately adjacent to the existing wall on column line 13. The wall will be taped, spackled, sanded and ready for painting by Tenant. All existing improvements that have caused or may cause a delay (i) are in the substantial way of constructing the new demising wall, or (ii) penetrate the new wall will be disconnected and/or demolished on the Tenant’s side of the new demising wall; they will not be reconnected and/or reconstructed in the Demised Premises. Accordingly, to the extent that the existing plumbing, electrical, HVAC and mechanical systems are affected by the construction of the new demising wall, they will not be in good working order on the date Landlord delivers possession of the Demised Premises to Tenant, as Tenant will be modifying and completing those systems as part of Tenant’s Work. Ø Remove all HVAC ductwork and controls between column lines 8 and 11 on the second floor that are connected to the existing VAV roof top unit. That VAV unit will only serve the adjacent tenant space after completion of the Landlord’s Work. Notwithstanding anything Tenant, as part of Tenant’s Work, will furnish and install the HVAC equipment, ductwork and associated controls to serve this area. Ø Remove all HVAC ductwork and controls between column lines 11 and 13 on the first floor that are connected to the contrary hereintwo (2) existing constant volume roof top units “B”. One (1) of those units will continue to serve the Tenant’s space between column lines 11 and 13 on the first floor. Landlord shall furnish and install the main supply and return ducts from that unit, Landlord’s Work and shall become stub them through the new demising wall on column line 13 into the Demised Premises. Tenant, as part of Tenant’s Work, shall complete the HVAC ductwork and control system for this area. Ø Disconnect all lighting fixtures and switches, power receptacles, battery packs and exit lights whose circuits cross the new demising walls on each floor, and remove the circuit back to the nearest junction box. On the first floor, completely remove the existing UPS room. Ø Provide any modifications to the sprinkler system and fire alarm system that are required due to the construction of the new demising walls. Ø Remove all debris created by constructing the new demising walls, and leave the Premises and shall become the property of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease Termbroom clean.
Appears in 1 contract
Landlord’s Work. Landlord shall deliver the Premises to Tenant in the configuration depicted in the plan attached hereto as Exhibit B (excluding work identified in Exhibit B to be performed by Tenant). Landlord shall perform the following work in the Premises at Landlord’s 's sole cost and expense (the “Landlord’s Work”): and not to be included in Operating Expenses, as a capital expenditure or otherwise), utilizing Building standard methods, materials, components, and finishes in good and workmanlike manner and in compliance with all Applicable Laws, (i) re-paint cause the Premises; construction or installation of Building standard demising walls separating the Remaining Premises from the remainder of the floor in which the Remaining Premises are located and perform all other work required to separate the Remaining Premises from the remainder of the floor in which the Remaining Premises is located, as shown on the demising plan attached as Schedule 1 to this Tenant Work Letter, which work shall include any work needed to maintain or bring the common areas into compliance with Applicable Laws and Code to the extent necessary for Tenant to obtain or maintain a certificate of occupancy and which work shall not include the capping of process utilities, including DI water, CDA, and vacuum (which work shall be performed by Tenant as part of the Tenant Improvements if Tenant desires to cap such process utilities), (ii) re-carpet replace or overlay the Premisesroof of the 225 Building (with a Building standard roof or roof overlay per Landlord's roof specification plan), and (iii) replace any Building systems serving the 201 Building or the 225 Building which are reasonably determined by Landlord to be at the end of their useful life prior to December 31, 2018 (collectively, the "Landlord's Work"). At In connection with the direction foregoing, Tenant acknowledges the Landlord's Work set forth in items (ii) and (iii) above shall be performed at any time on or before December 31, 2018. Tenant hereby acknowledges that Landlord may perform all or portions of such Landlord's Work concurrently with the construction of the Tenant Improvements by Tenant, and at Landlord and Tenant shall cooperate (and shall cause their respective contractors, subcontractors and agents to cooperate) with each other in good faith in order that the work being performed by each party may be completed without material interference with the completion of the work being completed by the other party and without increase in cost to the other party. Tenant hereby acknowledges that Landlord shall be permitted to perform the Landlord's Work during Tenant’s sole cost and expense's occupancy of the Remaining Premises. Notwithstanding such occupancy of the Remaining Premises during the performance of the Landlord's Work, Landlord shall paint select locations be permitted to perform the Landlord's Work during normal business hours, and Tenant shall provide a clear working area for such work, if necessary (including, but not limited to, the moving of furniture, fixtures and Tenant’s property away from the area in which Landlord is performing the Landlord's Work). Further, Tenant shall cooperate with all reasonable Landlord requests made in connection with or related to Landlord's completion of the Premises, as determined by Landlord, with “IdeaPaint.” Subject to obtaining 's Work. Tenant hereby agrees that the performance of the Landlord’s consent 's Work in accordance the Remaining Premises shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of rent. Except to the extent arising from Landlord's negligence or willful misconduct, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Article IX, Tenant may, at Tenant’s sole cost and expensebusiness arising from the Landlord's Work, perform nor shall Tenant be entitled to any compensation or damages from Landlord for loss of use of the following additional work, to be performed by a contractor approved by Landlord (whole or any part of the “Remaining Premises or of Tenant’s personal property or improvements resulting from the Landlord's Work or Landlord’s actions (or the actions of Landlord's contractors, employees and/or agents) in connection with the Landlord's Work”): , or for any inconvenience or annoyance occasioned by the Landlord's Work or Landlord's actions (ior the actions of Landlord's contractors, employees and/or agents) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenant’s Work shall be considered “alterations” for purposes of this Lease and shall be subject to in connection with the provisions of Article IXLandlord's Work. Landlord shall use commercially reasonable efforts to substantially complete perform the Landlord's Work in a manner designed to minimize interference with Tenant’s Work by December 16normal business operations in the Remaining Premises, 2018and in connection therewith, construction activities that are reasonably anticipated to be disruptive to Tenant are to be conducted after normal business hours. Such activities to be performed after normal business hours include, but are not limited to: shooting drywall screwing, hammering, loud cutting, sanding, welding and soldering, and Landlord shall use reasonable efforts to notify Tenant, orally or coordinate and schedule with Tenant at least forty-eight (48) hours in writing, of advance for any circumstances of which Landlord is aware work that have caused or may cause requires a delay in the substantial completion of the Landlord’s Work. Notwithstanding anything power shut down to the contrary herein, Landlord’s Work shall become part of the Premises and shall become the property of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease TermRemaining Premises.
Appears in 1 contract
Sources: Lease (TerraVia Holdings, Inc.)
Landlord’s Work. Landlord shall deliver the Premises to Tenant in the configuration depicted in the plan attached hereto as Exhibit B (excluding work identified in Exhibit B to be performed by Tenant)1. Landlord shall perform construct and/or install, at no cost to Tenant, the following items which shall constitute the Landlord's Work:
(a) all work per base building plans and specifications produced by The Stellar Group, except for the installation of overhead doors which have been deleted;
(b) operational sprinkler system;
(c) installation of storefront window system in south elevation per Exhibit "C-1" (drawing of elevation);
(d) 3000 amp 208 volt electrical service to the base building with 2000 amps dedicated to the Premises at Landlord’s sole cost (including house panel and expense switchgear associated with the 3000 amp service to the Building);
(the “Landlord’s Work”): (ie) re-paint the Premises; and (ii) re-carpet the Premises. At the direction of Tenantall site work including roads, parking lots, sidewalks, and landscaping;
(f) one 4" diameter telephone conduit from public right-of-way to interior of the Premises adjacent to existing 3" conduit;
(g) drawings detailing structural modifications necessary for Tenant's HVAC equipment;
(h) install a directory monument for all tenants (with lettering regarding Tenant to be at Tenant’s 's sole cost and expense), Landlord shall paint select locations subject to the approval and agreement of the developer of Deerwood Office Park.
2. During Tenant's construction of the Premises, as determined by Landlord agrees to provide reasonable use of site utilities including electricity and water at no charge to Tenant.
3. Landlord agrees to perform Landlord's Work in a good and workmanlike manner, with “IdeaPaint.” Subject such work to obtaining the Landlord’s consent be Substantially Completed in accordance with Article IXthe construction schedule set forth on Exhibit "C-2" attached hereto. The Landlord's Work will be considered "Substantially Completed" for all purposes under this Work Letter and the Lease when such work has been completed except for "punch list" items. When Landlord is of the opinion that such work is substantially completed, then Landlord will notify Tenant. Tenant agrees that upon such notification, Tenant may, at Tenant’s sole cost will promptly (and expense, perform not later than three (3) days after the following additional work, day of Landlord's notice and in any event prior to be performed by a contractor approved by Landlord (Tenant moving its equipment and property into the “Tenant’s Work”): (iPremises) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. Tenant’s Work shall be considered “alterations” for purposes of this Lease and shall be subject to the provisions of Article IX. Landlord shall use reasonable efforts to substantially complete the Landlord’s Work by December 16, 2018. Landlord shall use reasonable efforts to notify Tenant, orally or in writing, of any circumstances of which Landlord is aware that have caused or may cause a delay in the substantial completion of the Landlord’s Work. Notwithstanding anything to the contrary herein, Landlord’s Work shall become part of inspect the Premises and shall become execute a punch list ("Punch List") generated by Landlord which will identify any uncompleted items of such work, and the property dates upon which such item will be completed by Landlord. Tenant agrees that, at the request of Landlord and remain upon from time to time thereafter, Tenant will promptly furnish to Landlord a revised Punch List reflecting completion of any prior Punch List items. It is mutually agreed that if the Punch List or any revised Punch List consists only of items, the non-completion of which would not materially impair Tenant's use or occupancy of the Premises, or such work is otherwise substantially completed, then, in such event, the Premises will be deemed to be complete and Tenant will acknowledge in writing that the Premises are complete and accept possession or execute a Punch List that acknowledges the completion of all Punch List items. Landlord will complete all Punch List items as a part thereof upon soon as reasonably possible, and in any event on or before the expiration date indicated on the Punch List.
4. The Staubach Company Design and Construction Consulting Services group will assist in the design, bidding and construction process, and overall project management. Therefore, The Staubach Company must be afforded complete access to the premises during building shell construction and site work.
5. Landlord's workmen and contractors shall work in harmony with, and not interfere with, labor employed by Tenant, Tenant's workmen or earlier termination contractors.
6. Time shall be of the Lease Termessence with respect to the performance of Landlord's Work.
Appears in 1 contract
Landlord’s Work. Landlord shall deliver the Premises to Tenant At Landlord’s sole cost and expense using new Building standard materials and in the configuration depicted in the plan attached hereto as Exhibit B (excluding work identified in Exhibit B to be performed by Tenant). compliance with all applicable laws and code requirements, Landlord shall perform the following work in the Premises at Landlord’s sole cost and expense 888 ▇▇▇▇ Drive Building (the collectively, “Landlord’s Work”): (ia) rereplace the two (2) existing heating, ventilation and air-paint conditioning (“HVAC”) units located on the Premises; and (ii) re-carpet the Premises. At the direction of Tenant, and at Tenant’s sole cost and expense, Landlord shall paint select locations roof of the Premises▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Building identified as AC-1 (Model No. SXHCC7540G78A99D3A01NT; Rating 75; Serial Number J88D71270) and AC-2 (Model No. SXHCC6040G67A89D3A01NT; Rating 60; Serial Number ▇▇▇▇▇▇▇▇▇) (collectively, as determined by Landlord, the “Existing HVAC Units”) with “IdeaPaint.” Subject new HVAC units to obtaining provide heating and cooling to the Landlord’s consent in accordance ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Building with Article IX, Tenant may, at Tenant’s sole cost not less than the aggregate existing cooling and expense, perform heating capacity of the following additional work, to be performed by a contractor approved by Landlord Existing HVAC Units (the “Tenant’s HVAC Work”), and (b) remove the following specialized improvements currently existing in the ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ First Floor Premises (collectively, the “Demolition Work”): (i) install new doors; R&D laboratory/clean room, (ii) install additional lighting; shipping/receiving rooms, (iii) install marker wallpaper; and machine shop, (iv) install additional storage rooms located on the north east corner of the ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ First Floor Premises, and (v) existing data cabling. Landlord shall complete the HVAC Work as soon as commercially practicable after the mutual execution and delivery of this Second Amendment. Tenant acknowledges that there is an approximately 90 to 120 day time period to order and receive shipment of the new HVAC units. If for any reason other than a delay caused by Tenant PTFDOCS #77647 v5 Proofpoint Second Amendment 3 (including any delay caused by Tenant’s construction of the Tenant Improvements and Building Systems Improvements) the Substantial Completion of the Demolition Work has not been completed prior to May 1, 2014, the Expansion Commencement Date shall be considered “alterations” delayed for each day after May 1, 2014 until Substantial Completion of the Demolition Work has occurred; provided, however, that if Substantial Completion of the Demolition Work has not occurred by June 1, 2014 (as such date shall be extended for delays caused by Tenant or force majeure), then for each day thereafter until Substantial Completion has occurred, Tenant shall be entitled, in addition to the abatement of monthly Base Rent provided in Section 4(b) above, to one (1) day of abatement of Base Rent for the ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ First Floor Premises. For purposes of this Lease and Second Amendment, “Substantial Completion” of the Demolition Work shall occur upon the completion of the Demolition Work, notwithstanding the fact that minor details of construction, mechanical adjustments or decorations which do not materially interfere with Tenant’s use of the ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ First Floor Premises remain to be performed (items normally referred to as “Punch List Items”). Within five (5) business days after Landlord notifies Tenant of the Substantial Completion of the Demolition Work, Tenant shall notify Landlord in writing of all defects or deficiencies alleged by Tenant to exist in the Demolition Work, including, without limitation, all Punch List Items. Any defects or deficiencies in the Demolition Work not described in a written notice given to Landlord by Tenant within such period shall be subject deemed waived. Any defects or deficiencies cited by Tenant in such written notice delivered by Tenant within such period shall be corrected by Landlord within a reasonable time thereafter. Punch List Items shall not include any damage caused in connection with Tenant’s move-in or early access to the ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ First Floor Premises or construction of the Tenant Improvements pursuant to this Second Amendment. Any improvements, alterations or work required under the provisions of Article IX. Landlord shall use reasonable efforts the ADA solely due to substantially complete the Landlord’s Work by December 16, 2018. Landlord shall use reasonable efforts to notify Tenant, orally or in writing, of any circumstances of which Landlord is aware that have caused or may cause a delay in the substantial completion of the Landlord’s Work. Notwithstanding anything to , including the contrary hereinDemolition Work, Landlord’s Work shall become part be borne solely by Landlord without right of the Premises and shall become the property of Landlord and remain upon the Premises reimbursement from Tenant as a part thereof upon the expiration Operating Expenses or earlier termination of the Lease Termotherwise.
Appears in 1 contract
Sources: Lease Agreement (Proofpoint Inc)
Landlord’s Work. Landlord (a) As of the Extension Date, Tenant shall deliver accept the Leased Premises to in its then “as is” and “where is” condition, with Tenant in the configuration depicted in the plan attached hereto as Exhibit B (excluding work identified in Exhibit B to be performed by Tenant). Landlord shall perform the following work in the Premises accepting all defects, if any, except that Landlord, at Landlord’s sole cost and expense expense, shall make the following alterations and modifications to the Leased Premises (individually and collectively, the “Landlord’s Work”): ):
(i) re-paint Install the Premises; 125 ▇▇ ▇▇▇▇▇▇ Generator for purposes of operating base building emergency systems in accordance with the Proposal attached as Exhibit A. All costs of operating and maintaining the generator shall be included in operating charges.
(ii) re-carpet the Premises. At the direction of Tenant, and at Tenant’s sole cost and expense, Landlord shall paint select locations of the Premises, as determined by Landlord, with “IdeaPaint.” Subject to obtaining the Landlord’s consent Renovate all restrooms in accordance with Article IX, Tenant may, at Tenant’s sole cost and expense, perform the following additional workspecifications:
(A) Demo and remove all tile during off hours
(B) Install new 12 x 12 or 18 x18 floor tile and 6" base
(C) Install wall tile on wet walls
(D) Replace all fixture with new and include auto flush valves
(E) Replace all countertops with new ($20/sf material allowance)
(F) Replace all mirrors
(G) Replace Doors to Shower Rooms
(H) Install New Toilet Partitions and Accessories (Stainless Steel)
(I) Repaint all restrooms
(J) Remove / Clean / Reinstall all diffusers
(K) Replace Egg Crates with new at light fixtures
(L) Tile in showers will not be replaced. Tile in locker rooms adjacent and around will be replaced.
(b) Tenant acknowledges that except as expressly set forth above, to be performed by a contractor approved by Landlord (the “Tenant’s Work”): (i) install new doors; (ii) install additional lighting; (iii) install marker wallpaper; and (iv) install additional cabling. TenantLandlord’s Work shall be considered “alterations” for purposes of this Lease and shall be subject to the provisions of Article IXdone primarily or exclusively during normal business hours. Landlord and Landlord’s contractors shall use make commercially reasonable efforts to substantially complete avoid disruptions to Tenant’s business during construction. Tenant shall cooperate with Landlord and Landlord’s representative to facilitate the orderly construction of Landlord’s Work by December 16, 2018. Landlord shall use reasonable efforts without delay resulting from any act or failure to notify act of Tenant, orally or in writing, of any circumstances of which Landlord is aware that have caused or may cause a delay in the substantial completion of the Landlord’s Work. Notwithstanding anything to the contrary herein, Landlord’s Work shall become part of the Premises and shall become the property of Landlord and remain upon the Premises as a part thereof upon the expiration or earlier termination of the Lease Term.
Appears in 1 contract
Sources: Deed of Lease (Eplus Inc)