Common use of Landlord’s Work Clause in Contracts

Landlord’s Work. As partial consideration for this Lease, Landlord agrees to provide and pay for tenant improvements to the Premises up to the total sum of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("Landlord's Work") pursuant to plans and specifications mutually agreed upon between Landlord and Tenant. In the event Landlord's Work costs in excess of $200,000, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Premises. Landlord and Tenant shall diligently pursue the preparation of all plans and specifications for all improvements to the Premises, whether Landlord's Work or Tenant's Work. All such plans and specifications shall have the approval of both Landlord and Tenant, which approval shall not be unreasonably withheld by either party. Upon execution of this Lease, Tenant, at its expense, shall have provided Landlord's architect with instructions sufficient to enable Landlord's architect to prepare complete plans and specifications for Landlord's Work. Such plans and specifications and a cost estimate for Landlord's

Appears in 2 contracts

Samples: Lease (Quokka Sports Inc), Lease (Quokka Sports Inc)

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Landlord’s Work. As partial consideration Landlord shall complete the Shell Improvements and Site Improvements as further set forth in the Lease and in Exhibit E attached to the Lease. Landlord shall also construct, in conjunction with the Shell Improvements and at Tenant’s option upon written notice from Tenant to Landlord, those certain improvements described on Exhibit E-1.Tenant shall notify Landlord as to whether it desires any or all of such improvements on Exhibit E-1 within five (5) business days after receipt of written request from Landlord. Such improvements are not part of Landlord’s Work and shall be constructed at Tenant’s expense. Tenant must timely respond, within five (5) business days, to requests for this information related to Exhibit E-1. To the extent Tenant’s election to have Landlord construct all or any improvements described in Exhibit E-1 cause a delay in Landlord’s Work, then such delays shall be considered a Tenant Delay. Tenant may apply the Construction Allowance to all costs incurred in constructing the improvements set forth on Exhibit E-1. Except as set forth in the Lease, Exhibit E, Exhibit E-1, and herein, Landlord agrees shall have no other obligations to provide and pay for tenant construct any improvements to the Premises up to the total sum of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("Landlord's Work") pursuant to plans and specifications mutually agreed upon between Landlord and Tenantor Project. In the event Landlord's Work costs in excess of $200,000, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent shall be reduced pursuant to responsible for the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) Tenant Improvements within the Premises. The Shell Improvements and Site Improvements shall be constructed in a good and workmanlike manner and in accordance with all Applicable Laws. Landlord and shall be responsible for remedying any latent defects in the Shell Improvements or Site Improvements following notification from Tenant shall diligently pursue received in writing within one year following the preparation of all plans and specifications for all improvements to the Premises, whether Landlord's Work or Tenant's Work. All such plans and specifications shall have the approval of both Landlord and Tenant, which approval shall not be unreasonably withheld by either party. Upon execution of this Lease, Tenant, at its expense, shall have provided Landlord's architect with instructions sufficient to enable Landlord's architect to prepare complete plans and specifications for Landlord's Work. Such plans and specifications and a cost estimate for Landlord'sProject Completion Milestone Date.

Appears in 2 contracts

Samples: Office Lease (YETI Holdings, Inc.), Office Lease (YETI Holdings, Inc.)

Landlord’s Work. As partial consideration for this Lease, Landlord agrees to provide and pay for tenant will make certain improvements to the Premises up New Space (the “Landlord’s Work”) as set forth on that certain space plan (the “Plan”) attached hereto as Schedule 1 and previously approved by Tenant. Should said Plan or any part of Landlord’s Work require the preparation or development of additional plans or specifications, then Tenant shall have five (5) business days from Landlord’s submission of such additional plans or specifications to Tenant to approve or disapprove the total sum same. Tenant’s failure to so approve or disapprove within such five (5) 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 TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("Landlord's Work") pursuant to such plans and specifications mutually agreed upon between 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. In the event Landlord's Work costs in excess Tenant’s approval of $200,000, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent plans and specifications shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited tounreasonably withheld, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Premisesconditioned or delayed. Landlord and Tenant shall diligently pursue the preparation of all work together in good faith to agree upon such plans and specifications for all improvements specifications, it being agreed that Tenant shall have no right to the Premises, whether Landlord's Work or Tenant's Work. All request that such plans and specifications shall have the approval of both Landlord and Tenant, be revised to reflect any work which approval shall is not be unreasonably withheld by either partycontemplated on Schedule 1 attached hereto except pursuant to Section 4 below. Upon execution approval, or deemed approval, of this Lease, Tenant, at its expense, shall have provided Landlord's architect with instructions sufficient to enable Landlord's architect to prepare complete such additional plans and specifications the same shall be deemed the “Plan” for the purposes of this Work Letter. Landlord's Work. Such plans and specifications and a cost estimate ’s Work shall not include furniture, fixtures, equipment, wiring or cabling for Landlord'sphone or data, any new supplemental cooling or any specialty equipment or appliances.

Appears in 1 contract

Samples: Lease (Towerstream Corp)

Landlord’s Work. As partial consideration for this LeaseLandlord shall, Landlord agrees to provide and pay for tenant improvements to the Premises up to the total sum of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("at Landlord's Work") pursuant to plans and specifications mutually agreed upon between Landlord and Tenant. In the event Landlord's Work costs in excess of $200,000’s sole cost, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, complete the following items shall be completed by Landlord, and of work to the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to serving the Premises: (but not withini) 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 (v) install new heater stacks for the rooftop HVAC units (collectively, the “Landlord’s Work”). Tenant hereby acknowledges that the Landlord’s Work may be performed while Tenant is occupying the Premises. Tenant hereby acknowledges and agrees that Landlord and Tenant shall diligently pursue the preparation of all plans and specifications for all improvements to the Premises, whether Landlord's Work or Tenant's Work. All such plans and specifications shall have the approval of both Landlord and Tenant, which approval shall not be unreasonably withheld liable for any inconvenience to Tenant or for interference with Tenant’s business or use of the Premises during the performance of the Landlord’s Work, provided that Landlord shall utilize commercially reasonable efforts not to disrupt the operation of Tenant’s business. Tenant and its employees, invitees, agents and contractors may use the Premises during the performance of the Landlord’s Work at their own risk, and Landlord shall not be responsible for injury or damage to property occasioned by either partythe performance of the Landlord’s Work unless same is due to Landlord’s negligence or willful misconduct. Upon The provisions of Section 7.5 of the Lease (other than the first two sentences) shall apply to the Landlord’s Work as though all references therein to the HVAC Replacement Units were to the Landlord’s Work as defined above. Landlord shall commence the Landlord’s Work within fifteen (15) days following the full execution of this LeaseAmendment and shall make commercially reasonable efforts to complete the Landlord’s Work by the date which is ninety (90) days following the full execution of this Amendment. In addition, Tenant, at its expense, Landlord shall have provided Landlord's architect construct the Tenant Improvements in accordance with instructions sufficient to enable Landlord's architect to prepare complete plans and specifications for Landlord's Work. Such plans and specifications and a cost estimate for Landlord'sExhibit A attached hereto.

Appears in 1 contract

Samples: To Lease (Quanterix Corp)

Landlord’s Work. As partial consideration Landlord shall construct and, except as provided below to the contrary, pay for the entire cost of constructing the leasehold improvements (“Landlord’s Work”) described in the specifications identified in Schedule D-1 attached hereto (the "Specifications"). Landlord shall prepare construction drawings for the Landlord’s Work and submit to Tenant for Xxxxxx’s approval, not to be unreasonably withheld, conditioned or delayed and such consent shall not be withheld so long as (and to the extent that) the construction drawings are consistent with the Specifications. Tenant shall respond in writing to Xxxxxxxx’s submission within five (5) business days and if Xxxxxx fails to respond the construction drawings will be deemed approval. Upon approval (or deemed approval) of the construction drawings by Xxxxxx, such plans will be attached to this LeaseLease as Schedule D-2 and such construction drawings will constitute the “Approved Plans.” Tenant may request changes to the Approved Plans, Landlord agrees subject to provide and pay Landlord’s prior approval thereof, which shall not be unreasonably withheld, provided that (a) the changes shall meet or exceed Xxxxxxxx's standard specifications for tenant improvements for the Building; (b) the changes conform to applicable Laws and necessary governmental permits and approvals can be secured; (c) the Premises up changes do not require building service beyond the levels normally provided to other tenants in the total sum Building unless Tenant agrees to be responsible for the payment of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS such additional building services; ($200,000.00d) the changes do not have any adverse affect on the structural integrity or systems of the Building; and ("e) the changes will not, in Landlord's reasonable opinion, unreasonably delay Landlord’s Work") pursuant , unless Xxxxxx agrees to plans and specifications mutually agreed upon between compensate Landlord and Tenanton a day-for-day basis for any such delay. In the event Landlord's Work costs in excess of $200,000, but less than $250,000If Landlord approves a change requested by Xxxxxx, Landlord agrees to amortize the additional cost as part will provide Tenant with Xxxxxxxx’s contractor’s estimate of the rent over cost of such changes and Tenant shall pay the five (5)-year term actual third-party costs attributable to such change upon receipt of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction)invoice therefor. To the extent Landlord's Work costs any such change results in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent shall be reduced pursuant to the following formula: $750,000 + Cost a delay of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work ’s Work, then such delay shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Premises. Landlord and constitute a Tenant shall diligently pursue the preparation of all plans and specifications for all improvements to the Premises, whether Landlord's Work or Tenant's Work. All such plans and specifications shall have the approval of both Landlord and Tenant, which approval shall not be unreasonably withheld by either party. Upon execution of this Lease, Tenant, at its expense, shall have provided Landlord's architect with instructions sufficient to enable Landlord's architect to prepare complete plans and specifications for Landlord's Work. Such plans and specifications and a cost estimate for Landlord'sDelay.

Appears in 1 contract

Samples: Lease Agreement (Haights Cross Communications Inc)

Landlord’s Work. As partial consideration for this Lease33.1. Landlord, at Landlord’s expense and as Landlord’s Work, will complete in a good and workmanlike manner and according to all applicable laws all of the work that is described on Exhibit E, as applicable depending upon which Scheme Tenant elects under Section 2.5. Subject to delay due to Tenant Delay and/or Force Majeure, Landlord agrees shall cause Landlord’s Work to provide and be Substantially Completed on or before the scheduled dates therefor set forth in Exhibit E. Landlord shall pay for tenant improvements all costs associated with Landlord’s Work, except as set forth in this Lease (for example, costs arising from Tenant Delay). Landlord shall be permitted to perform Landlord’s Work during Tenant’s occupancy and use of the Premises; provided, that both Landlord and Tenant hereby agree to reasonably cooperate with each other in the coordination of such Landlord’s Work (so as not to cause a Tenant Delay or otherwise) and Landlord shall use commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in the Premises in connection with Landlord’s Work (subject to Tenant’s obligation to pay the incremental cost arising from such efforts); and provided further that, subject to the Premises up to the total sum terms and conditions of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("Landlord's Work") pursuant to plans and specifications mutually agreed upon between Landlord and Tenant. In the event Landlord's Work costs in excess of $200,000, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000Section 19, Tenant agrees shall not be obligated to pay such additional costs in cash surrender the Swing Space to Landlord prior to the commencement of construction. In Swing Space Return Dates set forth therefor on Exhibit E. If Tenant requests that Landlord perform Landlord’s Work after-hours despite Landlord’s commercially reasonable efforts to minimize interference with the event Landlord's Work costs less than $200,000, the rent shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction conduct of Tenant's improvements; provided, however, the following items shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance ’s business in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Premises. Landlord and Tenant shall diligently pursue the preparation of all plans and specifications for all improvements to the Premises, whether then Landlord shall do so Tenant shall pay the incremental cost arising therefrom. Any delay of Landlord's ’s Work arising from Landlord using efforts to minimize interference with the conduct of Tenant’s business in the Premises or Tenant's Work. All such plans and specifications from Landlord performing Landlord’s Work after-hours shall have the approval of both Landlord and Tenant, which approval shall not be unreasonably withheld by either party. Upon execution of this Lease, Tenant, at its expense, shall have provided Landlord's architect with instructions sufficient deemed to enable Landlord's architect to prepare complete plans and specifications for Landlord's Work. Such plans and specifications and a cost estimate for Landlord'sbe Tenant Delay.

Appears in 1 contract

Samples: Office Lease (Cme Group Inc.)

Landlord’s Work. As partial consideration for this Lease, Landlord agrees to provide and pay for tenant improvements to Promptly following the Premises up to the total sum of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("Landlord's Work") pursuant to plans and specifications mutually agreed upon between Landlord and Tenant. In the event Landlord's Work costs in excess of $200,000, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Premises. Landlord and Tenant shall diligently pursue the preparation of all plans and specifications for all improvements to the Premises, whether Landlord's Work or Tenant's Work. All such plans and specifications shall have the approval of both Landlord and Tenant, which approval shall not be unreasonably withheld by either party. Upon execution of this Lease, Tenantthe Landlord, at its the Landlord’s expense, shall have provided perform the work described in Exhibit G attached hereto (“Landlord's architect ’s Work”). The Landlord shall obtain all necessary permits and other governmental approvals in connection with instructions sufficient the Landlord’s Work prior to enable commencement of the Landlord's architect ’s Work. Promptly after execution of this Lease, the Landlord shall commence and complete the Landlord’s Work on or before the Commencement Date, subject to prepare complete plans External Causes. Landlord’s Work may vary from the requirements of Exhibit G if the variance is (i) necessary or advisable due to (A) the job conditions or good construction practices, (B) the building permits for such work, or (C) applicable legal requirements, (ii) non-substantial or (iii) of greater utility or value than that which it replaces; All of Landlord’s Work shall be performed by the general contractor selected by the Landlord in its sole discretion. Landlord will provide turnkey construction consistent with Exhibit G, and Landlord will pay the costs of labor and materials incurred in connection with the performance of the construction of the Premises described in Exhibit G, including the costs of permits and insurance as well as architectural and engineering services rendered in the preparation and design of construction drawings and specifications. The space planning design, construction drawings and specifications will be provided by Landlord at no cost to Tenant. Tenant may inspect Landlord’s Work at reasonable times and will promptly give notice of observed defects in materials or workmanship. Landlord will promptly correct such defects. The Premises shall be deemed ready for Landlord's Work. Such plans and specifications and a cost estimate for Landlord'soccupancy on the earlier of:

Appears in 1 contract

Samples: Assignment and Assumption of Lease Agreement (Tangoe Inc)

Landlord’s Work. As partial consideration for this LeaseExcept as otherwise agreed upon in writing, Landlord agrees to provide and pay for tenant shall perform improvements to the Premises up in accordance with the worklist attached to this Work Letter as Schedule 1 to this Exhibit (the total sum of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("Landlord's Work") pursuant to plans and specifications mutually agreed upon between Landlord and Tenant. In the event Landlord's Work costs in excess of $200,000, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction”Worklist”). To The improvements to be performed by Landlord in accordance with the extent Worklist are referred to as “Landlord's ’s Work”. Landlord’s Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent shall be reduced pursuant to done with such minor variations as Landlord may deem advisable, so long as such variations will not substantially vary from Worklist or materially interfere with the following formula: $750,000 + Cost permitted use of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Premises. Landlord and Tenant shall diligently pursue the preparation of all plans and specifications enter into a direct contract for all improvements to the Premises, whether Landlord's ’s Work or Tenant's Work. All such plans and specifications shall have the approval of both with a general contractor selected by Landlord and approved by Tenant, which approval shall not be unreasonably withheld by either partywithheld, conditioned, or delayed. Upon execution of this Leaserequest, TenantXxxxxxx may request one or more general contractors to bid on the Landlord’s Work and the Landlord shall reasonably consider such general contractor candidates so long as the same comply with Landlord’s insurance and standard contractor guidelines. In addition, at its expense, Landlord shall have provided the right to select and approve of any subcontractors used in connection with Landlord’s Work. Tenant acknowledges and agrees that, except as expressly set forth on the Worklist or as otherwise agreed upon in writing, Landlord’s Work shall be constructed using Building-standard materials designated by Landlord for the Building. In no event shall Landlord’s Work include any costs or expenses of any consultants retained by Tenant with respect to design, procurement, installation or construction of improvements or installations, whether real or personal property, for the Premises. Landlord will not require Tenant to remove the Landlord’s Work upon the expiration or earlier termination of the Lease. Landlord will reasonably cooperate with Tenant in order to perform Landlord's architect work with instructions sufficient a minimum of disruption to enable LandlordTenant's architect business; provided, Landlord will not be obligated to prepare complete plans and specifications for Landlord's Work. Such plans and specifications and a cost estimate for Landlord'sincur any additional costs in connection with the same.

Appears in 1 contract

Samples: Office Lease Agreement (Apollo Endosurgery, Inc.)

Landlord’s Work. As partial consideration for this Lease, Landlord agrees to provide and pay for tenant improvements Prior to the Premises up to the total sum of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("Commencement Date, Landlord's Work") pursuant to plans and specifications mutually agreed upon between Landlord and Tenant. In the event Landlord's Work costs in excess of $200,000, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Premises. Landlord and Tenant shall diligently pursue the preparation of all plans and specifications for all improvements to the Premises, whether Landlord's Work or Tenant's Work. All such plans and specifications shall have the approval of both Landlord and Tenant, which approval shall not be unreasonably withheld by either party. Upon execution of this Lease, Tenant, at its expense, shall complete the following items of work in the Premises (collectively, “Landlord’s Work”): (i) provide touch up paint using Building standard paint on the interior walls throughout the Premises; (ii) replace the existing carpet in the front “customer” area within the Premises using Building standard carpet; and (iii) remove the existing server racks from the server room within the Premises and repair the carpeting where needed due to such removal. In addition to the foregoing, Tenant, at Tenant’s sole and exclusive cost and expense, shall have provided Landlord's architect the option of having Landlord further improve the Premises as follows (the “Tenant Improvements”): (i) removing the small wing wall at the front of the Premises near the break room; and (ii) installing plain glass inserts on the conference room doors. Upon Xxxxxx’s request, Landlord shall provide Tenant with instructions sufficient an estimate of the cost for Landlord to enable Landlord's architect to prepare complete plans perform the Tenant Improvements and specifications for Landlord's Work. Such plans and specifications and a based on that cost estimate Tenant can either choose to forego the Tenant Improvements or have Landlord perform the Tenant Improvements on Xxxxxx’s behalf and at Tenant’s sole and exclusive cost and expense. In the event Landlord performs the Tenant Improvements, Tenant shall pay Landlord for the cost of the Tenant Improvements within thirty days of receiving Landlord's’s invoice for such Tenant Improvements. The failure of Tenant to timely pay Landlord shall be a default under this Lease.

Appears in 1 contract

Samples: Office Lease (Clearside Biomedical, Inc.)

Landlord’s Work. As partial consideration for this LeaseSubject to the provisions of Section 2 below, Landlord agrees to provide and pay for tenant shall perform improvements to the Premises up to substantially in accordance with the total sum of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("Landlord's Work") pursuant to plans and specifications mutually agreed upon between preliminary project budget prepared by On Commercial Construction (“OCC”), dated April 28, 2016, attached hereto as Exhibit A-I and Exhibit A-2 (as such plans may be modified in Landlord and Tenant’s mutual and reasonable discretion, the “Plans”). In The improvements to be performed by Landlord in accordance with the event Landlord's Work costs in excess of $200,000, but less than $250,000, Plans are hereinafter referred to as the “Landlord agrees to amortize the additional cost as part Work.” It is agreed that construction of the rent over the five Landlord Work is intended to be “turn-key” and will be completed at Landlord’s sole cost and expense (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior subject to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent shall be reduced pursuant Maximum Amount and further subject to the following formula: $750,000 + Cost terms of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall includeParagraphs 4 and 5 below) using Building Standard methods, but not be limited tomaterials and finishes, the costs of all labor and materialson a phased schedule, architecturalon or before January 1, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Premises2017. Landlord and Tenant agree that Landlord’s obligation to pay for the cost of Landlord Work (inclusive of the cost of preparing Plans, obtaining permits, Landlord’s construction management fee, and other related costs) shall diligently pursue be limited to $557,685.00 (i.e. $17.00 per rentable square foot of the preparation Premises) (the “Maximum Amount”) and that Tenant shall be responsible for the cost of all plans and specifications for all improvements Landlord Work, plus any applicable state sales or use tax, if any, to the Premisesextent that it exceeds the Maximum Amount. Landlord shall enter into a direct contract for the Landlord Work with OCC or another contractor selected by Landlord. In addition, whether Landlord's Work or Tenant's Work. All such plans and specifications Landlord shall have the approval right to select and/or approve of both any subcontractors used in connection with the Landlord and Tenant, which approval Work. Landlord’s supervision or performance of any work for or on behalf of Tenant shall not be unreasonably withheld deemed a representation by either party. Upon execution Landlord that such Plans or the revisions thereto comply with applicable insurance requirements, building codes, ordinances, laws or regulations, or that the improvements constructed in accordance with the Plans and any revisions thereto will be adequate for Tenant’s use, it being agreed that Tenant shall be responsible for all elements of this Leasethe design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the premises and the placement of Tenant’s furniture, at its expense, shall have provided Landlord's architect with instructions sufficient to enable Landlord's architect to prepare complete plans appliances and specifications for Landlord's Work. Such plans and specifications and a cost estimate for Landlord'sequipment).

Appears in 1 contract

Samples: Lease Agreement (GigPeak, Inc.)

Landlord’s Work. As partial consideration for Promptly following full execution of this Lease, Landlord agrees to provide Landlord, in a good and pay for tenant improvements to workmanlike manner and at Landlord's expense, (a) shall undertake demolition of those portions of the Premises up identified on and in accordance with Tenant's demolition plans and specifications, prepared by Xxxxx Xxxxxx Xxxxxx 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 and approved by Landlord (excluding any demolition of areas on the total sum 30th floor of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS the Building shown on such plans and specifications but not contained in the Premises on the 30th floor of the Building), and ($200,000.00b) shall remove and dispose of the debris resulting from such demolition ("Landlord's Work") pursuant to plans and specifications mutually agreed upon between ). Landlord and Tenant. In shall complete the event Landlord's Work costs in excess within twenty-one (21) days from the date of $200,000, but less than $250,000, Landlord agrees full execution of this Lease except with respect to amortize the additional cost as part removal of the rent over stairs between the five floors of the Premises and redecking of the floors, which Landlord shall complete within forty-two (5)-year term 42) days from the date of full execution of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, that the following items aforesaid periods for completion of Landlord's Work shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance extended one day for each day that Landlord is delayed in the front performance of the building, entrance such work by reason of interference by Tenant's contractors or subcontractors performing work in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Premises. During the period of Landlord's performance of Landlord's Work, Landlord shall control the hours and Tenant shall diligently pursue the preparation of all plans locations at which Tenant's contractors and specifications for all improvements to subcontractors may perform work within the Premises, whether Landlord's Work or Tenant's Work. All such plans and specifications shall have the approval of both but Landlord and Tenant, which approval shall not be unreasonably withheld responsible for any aspect of the work performed by either partyTenant's contractors and subcontractors by reason of such control. Upon execution Landlord shall leave in the Premises those salvageable materials listed on Exhibit "J" attached hereto, in reasonably good and serviceable condition, for use by Tenant in performance of this Lease, Tenant, at its expense, shall have provided Landlord's architect with instructions sufficient to enable Landlord's architect to prepare complete plans and specifications for Landlord's the Tenant Work. Such plans and specifications and a cost estimate for Landlord's.

Appears in 1 contract

Samples: Agreement of Lease (Pennsylvania Manufacturing Corp)

Landlord’s Work. As partial consideration for this Lease(A) Subject to the provisions of Section 2.1(A) hereof, Landlord, at Landlord’s sole cost and expense, subject to Section 4.3(C)(4) shall perform the Base Building Work, as defined in Section 4.3(C). The Base Building Work shall be performed in accordance with the Approved Base Building Plans and Specifications (as defined in Section 4.3(C) hereof). In addition, Landlord agrees to provide and pay shall perform the work for tenant improvements to the preparation of the Premises up to for Tenant’s occupancy (“Tenant Improvement Work”) in conformity with the total sum of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("Landlord's Work") pursuant to plans and specifications mutually agreed upon between Final Tenant Plans under Section 4.3. Attached hereto as Exhibit B-5 is a matrix showing those items which are provided by Landlord and Tenant. In the event Landlord's Work costs in excess of $200,000, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over Base Building Work and those items which will be part of the five (5)-year term of this LeaseTenant Improvement Work. Tenant shall enter into agreements with Sasaki Associates, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000Inc., Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed which is pre-approved by Landlord, or another similarly reputable, licensed and the cost thereof shall be excluded: demolition, code compliance insured architectural firm selected by Tenant and reasonably acceptable to Landlord (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium “Tenant’s Architect”) and installation of HVAC system to engineers selected by Xxxxxx and approved by Landlord (but not within) the Premises. Landlord and Tenant shall diligently pursue the preparation of all plans and specifications for all improvements to the Premises, whether Landlord's Work or Tenant's Work. All such plans and specifications shall have the approval of both Landlord and Tenant, which approval shall not be unreasonably withheld by either partywithheld, conditioned, or delayed) who will be preparing the Tenant Plans (as hereinafter defined) (“Tenant Design Work”). Upon execution If Landlord fails to respond to a request for approval of an architect within five (5) business days, Tenant may re-send such request to Landlord via registered or certified mail, return receipt requested, or recognized overnight delivery service, with the following statement in bold at the beginning of such request, “WARNING: POSSIBLE DEEMED APPROVAL NOTICE. Failure to respond to this Leaserequest within three (3) business days may lead to deemed approval of such request”. Should Landlord fail to respond to such second request within three (3) business days after receipt thereof, such failure shall be deemed to be approval of the architect in question. Notwithstanding the foregoing, Landlord shall have no liability to Tenant, at its expenseand Tenant waives all claims against Landlord in respect to, the failure of the Tenant Design Work as shown on the Final Tenant Plans to comply with applicable Legal Requirements, but the foregoing shall not in any way impair or waive claims of either party against the architects and/or engineers with respect to the Tenant Design Work. The cost of the Tenant Improvement Work and the Tenant Design Work shall be paid in accordance with Section 4.5. The Base Building Work and the Tenant Improvement Work are sometimes referred to collectively as “Landlord’s Work.” Subject to delays due to Force Majeure or attributable to a Tenant Delay Landlord shall use commercially reasonable best efforts in the construction of Landlord’s Work, but Tenant shall have provided no claim against Landlord for failure so to complete construction of Landlord's architect with instructions sufficient to enable Landlord's architect to prepare complete plans and specifications for Landlord's ’s Work. Such plans and specifications and a cost estimate for Landlord's, except as expressly set forth in Section 4.2.

Appears in 1 contract

Samples: Commencement Date Agreement (Akamai Technologies Inc)

Landlord’s Work. As partial consideration for this Lease, Landlord agrees to provide and pay for tenant will make certain improvements to the Premises up (the “Landlord’s Work”) as set forth on that certain space plan and scope of work (collectively, the “Plans”) attached hereto as Schedule 1 and previously approved by Tenant. Should said Plans or any part of Landlord’s Work require the preparation or development of additional plans or specifications, then Tenant shall have three (3) business days from Landlord’s submission of such additional plans or specifications to Tenant to approve or disapprove the total sum same. Tenant’s 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 TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("Landlord's Work") pursuant to such plans and specifications mutually agreed upon between 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. In the event Landlord's Work costs in excess Tenant’s approval of $200,000, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent plans and specifications shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited tounreasonably withheld, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Premisesconditioned or delayed. Landlord and Tenant shall diligently pursue the preparation of all work together in good faith to agree upon such plans and specifications for all improvements specifications, it being agreed that Tenant shall have no right to the Premises, whether Landlord's Work or Tenant's Work. All request that such plans and specifications shall have the approval of both Landlord and Tenant, be revised to reflect any work which approval shall is not be unreasonably withheld by either partycontemplated on Schedule 1 attached hereto except pursuant to Section 5 below. Upon execution approval, or deemed approval, of this Lease, Tenant, at its expense, shall have provided Landlord's architect with instructions sufficient to enable Landlord's architect to prepare complete 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 perform Landlord's Work. Such plans ’s Work using new building standard materials, quantities and specifications and a cost estimate for procedures then in use by Landlord's.

Appears in 1 contract

Samples: Lease (JetPay Corp)

Landlord’s Work. As partial consideration for this Lease, Landlord agrees LANDLORD has prepared complete working drawings and specifications (the "Building Plans") which are attached hereto as Exhibit B. and made a part hereof. LANDLORD shall cause to provide and pay for tenant improvements be done all work set forth in the Building Plans except work specifically designated as work to the Premises up to the total sum of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) be done by TENANT ("LandlordLANDLORD's Work") pursuant ). LANDLORD warrants that Building Plans shall conform to plans applicable governmental requirements (including, without limitation, all applicable federal, state and specifications mutually local laws relating to "architectural barriers" affecting the physically handicapped and to all environmental protection and zoning laws); and to sound and generally accepted engineering practices as applied to the site conditions. The Building Plans have been submitted to TENANT for its approval, and TENANT has approved the same. Neither TENANT's approval of the Building Plans nor any inspection TENANT may make of LANDLORD's Work shall relieve LANDLORD of its obligations to design and perform LANDLORD's Work in accordance with the requirements stated in this Article, and LANDLORD shall make all changes required to cure LANDLORD's failure to discharge those obligations. LANDLORD shall be solely responsible for both the cost of and any delay resulting from any correction in LANDLORD's Work performed in accordance with the Building Plans, which correction is required by any governmental authority having jurisdiction. TENANT may require changes ("Elective Changes"), in the Building Plans and construction work after TENANT's final approval thereof, other than those which may become necessary. If any Elective Changes made by TENANT shall result in a net increase or decrease in the cost of LANDLORD's Work, then the amount of such net increase or decrease shall result in an increase or decrease in the Minimum Annual Rent payable in accordance with Article 5 hereof. All such Changes, whether Elective or otherwise, shall be submitted by written "change order" signed by TENANT, it being understood and agreed that TENANT shall not be required to accept and/or pay for any work deviating from the Building Plans which is not covered by a proper "change order" or pay more for such work than is stated in such "change order". Increased or reduced amounts payable on account of any Elective Change required by TENANT shall be agreed upon between Landlord LANDLORD and TenantTENANT in advance before any such change is effectuated. In Such increased or decreased costs shall be certified to by LANDLORD's architect or engineer or contractor. On TENANT's written request therefor, LANDLORD shall deliver to TENANT reasonably satisfactory evidence substantiating in detail the event Landlordchanges in the cost of LANDLORD's Work costs in excess of $200,000, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Premises. Landlord and Tenant shall diligently pursue the preparation of all plans and specifications for all improvements to the Premises, whether Landlord's Work or Tenant's Work. All such plans and specifications shall have the approval of both Landlord and Tenant, which approval shall not be unreasonably withheld by either party. Upon execution of this Lease, Tenant, at its expense, shall have provided Landlord's architect with instructions sufficient to enable Landlord's architect to prepare complete plans and specifications for Landlord's Work. Such plans and specifications and a cost estimate for Landlord'sresulting from TENANT'S Elective Changes.

Appears in 1 contract

Samples: Agreement of Lease (Cabletron Systems Inc)

Landlord’s Work. As partial consideration Landlord, at its expense. shall provide Tenant a Tenant improvement allowance (Allowance) in the amount of Ten Thousand Three Hundred Seven-Four and 00/100 ($10,374.00). The Allowance shall be paid by Landlord to Tenant within 30 days after receipt from Tenant of copies of the invoices for this Leasewhich payment is requested, together with: (i) Tenant’s application for payment which will include all copies of invoices Tenant is requesting payment for. and (ii) lien waivers for all the Work, and Tenant's certification that the lien waivers represent all the Work. Tenant shall indemnify Landlord agrees and save it harmless from all claims, damages. losses, liabilities and expenses (including reasonable attorney's fees) arising out of the Work or any act or omission of Tenant. Tenant's Contractor or Tenant's Representatives in performing the Work. Tenant shall not cause any mechanics' liens or other liens and encumbrances (collective. Work liens) to provide and pay for tenant improvements to be filed against the Land. the Building or the Premises up to in connection with the total sum Work. If any Work Lines shall be so filed, Tenant shall indemnify and defend Landlord fir. from and against any Work Liens filed by any person claiming through or under Tenant and against all costs. expenses. losses and liabilities (including reasonable attorneys' fees) incurred by Landlord in connection with any such Work Lien or any action or proceeding brought thereon. Tenant at its expense shall procure the discharge of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("record of all such Work Liens within 20 days after notice thereof. Landlord's Work") pursuant contribution to plans Improvements shall be. and specifications mutually agreed upon between Landlord and Tenant. In the event Landlord's Work costs in excess of $200,000, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be hereby is limited to, the costs of all labor foregoing work. and materials, architectural, design, permits, fees and costs of construction any additional work shall be the sole responsibility of Tenant's improvements; provided, however, the following items shall payment for the expense of such additional work (should Landlord perform such additional work) to be completed payable by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors Tenant to windows, landscape the atrium and installation of HVAC system to (but not within) the Premises. Landlord and Tenant shall diligently pursue the preparation of all plans and specifications for all improvements to the Premises, whether Landlord's Work or Tenant's Work. All such plans and specifications shall have the approval of both Landlord and Tenant, which approval shall not be unreasonably withheld by either party. Upon execution of this Lease, Tenant, at its expense, shall have provided Landlord's architect with instructions sufficient to enable Landlord's architect to prepare complete plans and specifications for Landlord's Work. Such plans and specifications and a cost estimate for Landlord'sas Additional Rent.

Appears in 1 contract

Samples: Office Lease (Enviro Fuels Manufacturing, Inc.)

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Landlord’s Work. As partial consideration for this Lease, Landlord agrees to provide and pay for tenant improvements The “Landlord’s Work” shall consist of certain work on the existing exterior doors to the Premises up Additional Premises, as specifically described on Exhibit “B” attached hereto. Tenant shall provide Landlord and its contractor reasonable access to the total sum of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("Additional Premises as necessary or desirable to complete the Landlord's Work") pursuant to plans ’s Work in a timely manner and specifications mutually agreed upon between Landlord without unreasonable interference from Tenant, its agents, employees and Tenant. In the event Landlord's Work costs in excess of $200,000contractors, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer provided that Tenant pay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Premises. both Landlord and Tenant and their respective contractors shall conform with Tenant’s contractor’s schedule and work for the Additional Tenant Improvements in such a manner as to maintain harmonious labor relations and as not to interfere with or delay the work of the other party’s contractors. Landlord shall use commercially reasonable efforts to complete the Landlord’s Work within thirty (30) days after the Effective Date, subject to Tenant’s obligations regarding cooperation and access in this Section 4.1 and further subject to any delay caused by Tenant, its employees, agents or contractors or resulting from work on the Additional Tenant Improvements. Tenant shall have ten (10) days following Landlord’s written notice to Tenant that the Landlord’s Work has been completed in which to notify Landlord of any defects in the construction of Landlord’s Work, which Landlord shall promptly and diligently pursue correct following receipt of such notice, subject to Tenant’s obligations regarding cooperation and access in this Section 4.1. If Tenant fails to notify Landlord of any such defects within such ten day period, or upon completion by Landlord of any correction work with respect to any defects so noted by Tenant, Tenant shall be deemed to have acknowledged that the preparation of all plans Landlord’s Work has been completed by Landlord and specifications for all improvements accepted by Tenant and Landlord shall have no further obligations to Tenant with respect to the Premises, whether Landlord's Work or Tenant's ’s Work. All such plans and specifications shall have the approval of both Landlord and Tenant, which approval shall not be unreasonably withheld by either party. Upon execution of this Lease, Tenant, at its expense, shall have provided Landlord's architect with instructions sufficient to enable Landlord's architect to prepare complete plans and specifications for Landlord's Work. Such plans and specifications and a cost estimate for Landlord's.

Appears in 1 contract

Samples: Lease Agreement (Broadcom Corp)

Landlord’s Work. As partial consideration for this LeaseLandlord, Landlord agrees at Landlord's sole cost and expense, shall cause to provide and pay for tenant improvements to be completed upon the Premises up to and the total sum of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS Property, the work ($200,000.00) (collectively, the "Landlord's Work") pursuant ), all in a good and workmanlike manner and in accordance with the Plans and Specifications attached hereto as Exhibit B. The Landlord shall use a general contractor from a list of general contractors which have been approved by Tenant as set forth on Exhibit B-1 to plans and specifications mutually agreed upon between Landlord and Tenant. In perform the event Landlord's Work costs in excess of $200,000Work. Landlord, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over Landlord's Work, shall replace the five existing roof of the Building and obtain a warranty for not less than fifteen (5)-year term 15) years from the date of this Leaseinstallation of same. In addition, together with interest at 10% per annum on Landlord shall recoat and restripe the unpaid balance existing parking lot every seven (7) years in such a manner as to provide no less than the number of parking spaces existing as of the Commencement Date. Landlord would prefer that Tenant pay this excess in cash at shall obtain a warranty for not less than one (1) year from its general contractor for the time of construction). To the extent Landlord's Work costs as well as a warranty for the HVAC system which is being replaced in excess accordance with the Landlord's Work. Landlord shall assign, without recourse, any and all of $250,000its rights under the warranty it obtains from its general contractor as well as the roof and HVAC warranties to Tenant. Within ten (10) days of the Commencement Date, Tenant agrees shall deliver a complete and final punchlist to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following Landlord which punchlist items shall be completed by LandlordLandlord within forty five (45) days of receipt thereof. Except as expressly provided on Exhibit B hereto, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Premises. Landlord and Tenant shall diligently pursue the preparation of all plans and specifications for all improvements to the Premises, whether Landlord's Work or Tenant's Work. All such plans and specifications shall have the approval of both Landlord and Tenant, which approval shall not be unreasonably withheld by either party. Upon execution of this Leaseobligated to perform any alteration, improvement or addition to the Premises or the Property and all such further alterations, improvements or additions or to the Premises shall be made at Tenant, at its expense, shall have provided Landlord's architect sole cost and expense and made only in accordance with instructions sufficient to enable Landlord's architect to prepare complete plans and specifications for Landlord's Work. Such plans and specifications and a cost estimate for Landlord'sSection 13 hereof.

Appears in 1 contract

Samples: Office Space Lease (Nco Group Inc)

Landlord’s Work. As partial consideration a. Prior to the Delivery Date, Landlord shall, at Landlord’s sole cost and expense using building standard materials and finishes, separately demise the Premises, including installing separate meters for electrical and gas service and installing a new ingress/egress door to match the existing doors (collectively, “Landlord’s Work”). All work shall be done in a good, first-class, workmanlike manner in conformity with a valid permit when required, a copy of which shall be furnished to Tenant upon Tenant’s reasonable request. In any case, all such work shall be performed in accordance with all applicable laws. Notwithstanding any failure by Tenant to object to any such work, Tenant shall have no responsibility for Landlord’s failure to comply with applicable laws. Promptly after the execution of this Lease, Landlord agrees shall cause to provide be prepared a space plan depicting the Landlord’s Work (the “Demising Plan”), and pay Landlord shall submit the Demising Plan to Tenant for tenant improvements Tenant’s approval. The Demising Plan shall be consistent with the space plan attached as Exhibit “A-1” to the Premises up Lease, and shall include all applicable specifications for the work. Within five (5) business days after its receipt of the Demising Plan, Tenant shall provide its written approval or disapproval thereof. If Tenant disapproves of the Demising Plan, Tenant shall state with specificity in its written disapproval the basis for its disapproval. Landlord shall promptly revise the Demising Plan to the total sum of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("Landlord's Work") pursuant address any reasonable objections raised by Tenant in its written disapproval and shall promptly resubmit an appropriately revised Demising Plan to plans and specifications mutually agreed upon between Landlord and Tenant. In the event Landlord's Work costs in excess of $200,000, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent This procedure shall be reduced pursuant to followed until all objections have been resolved and the following formula: $750,000 + Cost of Demising Plan approved in writing by Tenant and Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be that if a reasonably acceptable Demising Plan has not been completed and approved by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Premises. Landlord and Tenant on or before the date that is fifteen (15) days after the date of final execution of the Lease for any reason other than the delay or other fault of Landlord or Landlord’s architect, then such failure shall diligently pursue constitute a Tenant Delay under Paragraph 1.c below. (The Demising Plan, as approved in writing by Tenant and Landlord, is hereinafter called the preparation “Final Demising Plan.”) Promptly following approval of all the Final Demising Plan, Landlord shall cause to be prepared construction plans and specifications for all improvements to the Premises, whether Landlord's Work or Tenant's Work. All such which plans and specifications shall have be prepared substantially in accordance with the approval Final Demising Plan. Landlord shall provide a copy of both Landlord and Tenant, which approval shall not be unreasonably withheld by either party. Upon execution of this Lease, Tenant, at its expense, shall have provided Landlord's architect with instructions sufficient to enable Landlord's architect to prepare complete the construction plans and specifications to Tenant upon completion thereof, for Landlord's Work. Such plans Tenant’s information and specifications and a cost estimate for Landlord'sreview.

Appears in 1 contract

Samples: Industrial Lease Agreement (Applied Imaging Corp)

Landlord’s Work. As partial consideration for this LeaseLandlord, Landlord agrees at its sole cost and expense, shall perform or cause to provide and pay for tenant improvements to be performed the Premises up to the total sum of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("Landlord's Work"," defined herein to mean demolition of the Existing Building and construction of two (2) pursuant to concrete tilt-up building shells substantially in accordance with final plans and specifications mutually agreed upon between Landlord to be submitted to and Tenant. In approved by the event Landlord's Work costs in excess of $200,000Tenant pursuant to Section 1(b) below and by the City (once so approved, but less than $250,000the "Final Shell Plans"), Landlord agrees to amortize which building shells shall contain only the additional cost as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum items listed on Exhibit B-2 or shown on the unpaid balance Final Shell Plans (Landlord would prefer that Tenant pay this excess in cash at the time of construction"Building Shells"). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not upon completion be limited to, in compliance with all then-applicable Laws and Private Restrictions (except to the costs extent noncompliance is the result of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance Tenant- requested changes in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the PremisesPreliminary or Final Shell Plans). Landlord and Tenant shall diligently pursue the preparation of all plans and specifications for all improvements to the Premises, whether Landlord's Work or shall be performed using a general contractor selected by Landlord from the contractors listed Exhibit B-1; provided that Landlord may use contractors other than those on Exhibit B-1 subject to Tenant's Work. All such plans and specifications shall have the approval of both Landlord and Tenantapproval, which approval shall not be unreasonably withheld or delayed. Landlord shall cause WHL Architects ("Architect") to prepare initial plans for construction of the Building Shells based on the shell specifications attached as Exhibit B-2 and the site plans attached as Exhibit B-3 (the "Preliminary Shell Plans"). The Preliminary Shell Plans shall provide for accommodation of Tenant's sewer line in the Buildings' slabs and may incorporate either of the site plans attached at Exhibit B-3 or be a combination thereof, as reasonably approved by either party. Upon execution Landlord and Tenant as set forth below, provided that in no event shall the design of this Lease, Tenant, at its expense, shall have provided the Project provide for a lobby larger than 6,000 square feet or for a number of parking spaces less than 3 spaces per 1,000 (in Landlord's architect with discretion, provided that in no event shall the parking be less than 2.75 per 1,000) Rentable Square Feet (excluding the Rentable Square Feet of the lobby). Landlord shall submit the Preliminary Shell Plans to Tenant for Tenant's approval. Tenant will provide written approval of the Preliminary Shell Plans within five (5) days after such submission. If Tenant disapproves any part of the Preliminary Shell Plans, the disapproval shall include written instructions sufficient adequate for Architect to enable revise the Preliminary Shell Plans. Such revisions shall be subject to Landlord's architect approval, which shall not be unreasonably withheld, provided that neither Landlord nor Tenant shall be entitled to request or require changes to the Preliminary Shell Plans to the extent inconsistent with Exhibits B-2 and B- 3. Tenant will finally approve the revised Preliminary Shell Plans within two (2) business days after submission thereof to Tenant. If Tenant fails to approve the Preliminary Shell Plans within the applicable periods set forth in herein, then (A) Landlord shall not be obligated to commence construction of the Building Shells, (B) Tenant shall be responsible for any resulting delay, and the cost of such delay, in Landlord's completion of the Building Shells and delivery of the Leased Premises, and (C) any such delay shall be deemed a Tenant Delay (as defined below). After Tenant's approval of the Preliminary Shells Plans, such plans shall be submitted to the City for approval. After approval by the City of the Preliminary Shell Plans, Landlord shall cause Architect to prepare complete plans Final Shell Plans. Tenant will provide written approval of the Final Shell Plans within five (5) days after such submission. If Tenant disapproves any part of the Final Shell Plans, the disapproval shall include written instructions adequate for Architect to revise the Final Shell Plans. Such revisions shall be subject to Landlord's approval, which shall not be unreasonably withheld. Tenant will finally approve the revised Final Shell Plans within two (2) business days after submission thereof to Tenant. If Tenant fails to approve the Final Shell Plans within the applicable periods set forth in herein, then (A) Landlord shall not be obligated to commence construction of the Building Shells, (B) Tenant shall be responsible for any resulting delay, and specifications for the cost of such delay, in Landlord's completion of the Building Shells and delivery of the Leased Premises, and (C) any such delay shall be deemed a Tenant Delay (as defined below). Landlord's Work shall be deemed to have been "Substantially Completed" or to have attained "Substantial Completion" as and when hereinafter set forth in this subparagraph 1(c). When Landlord receives written certification from Architect that construction of the foundation, structural slab on grade (except to the extent delayed by Tenant's action or inaction, including at Tenant's request to accommodate Tenant's design requirements and/or any underslab aspects of the Tenant Improvements), Landlord's underslab plumbing work, structural steel framework, decking and concrete on second floor, roof structure and installation of main fire sprinkler risers in the Buildings and all other work shown on the Final Plans (other than the Late Delivery Items and punchlist items) have been completed in accordance with the Final Shell Plans approved by the City and the parties, Landlord shall prepare and deliver to Tenant a certificate signed by both Landlord and Architect (the "Structural Completion Certificate") certifying that the construction of such portions of the Buildings have been substantially completed in accordance with the Final Shell Plans in all material respects and specifying the date of that completion. To the extent reasonably available from the City, Landlord shall include reasonable evidence that the City has signed off on the items of Landlord's Work. Such plans The delivery of such Structural Completion Certificate (and specifications evidence from the City, if any) shall memorialize the date that the Landlord's Work was "Substantially Completed," subject to concurrence by Tenant's architect, which concurrence shall not be unreasonably withheld and shall be given (or reasonably withheld) within five (5) business days after receipt of the Structural Completion Certificate. Within five (5) business after Landlord's delivery of the Structural Completion Certificate, Landlord and Tenant (and/or their representatives) shall conduct a walkthrough of the Building Shells using diligence to specify any items remaining incomplete (pursuant to the terms of the Work Letter) or in need of repair. Landlord and Tenant within said five (5) business day period after their inspection shall prepare a "punchlist" of any items remaining incomplete (pursuant to the terms of the Work Letter) or in need of repair, and Landlord shall cause such items to be completed or corrected at its sole cost estimate and expense within a reasonable time thereafter. Promptly after Landlord provides Tenant with the Final Completion Certificate, Landlord shall cause the recordation of a Notice of Completion (as defined in Section 3093 of the California Civil Code) with respect to Landlord's Work. The term "Substantially Completed" shall not include the parking areas or landscaping of the Property (the "Late Delivery Items") or punchlist items. Landlord and Tenant acknowledge and agree that the Late Delivery Items shall be completed by Landlord no later than the date which is the later to occur of (A) the date Tenant actually occupies the Leased Premises for the conduct of its business or (B) June 30, 2003. When Landlord receives written certification from Architect that construction of the remaining improvements constituting the Landlord's's Work (including the Late Delivery Items and punchlist items) has been completed in accordance with the Final Shell Plans, Landlord shall prepare and deliver to Tenant a certificate signed by both Landlord and Architect (the "Final Completion Certificate") certifying that the construction of the remaining improvements constituting Landlord's Work has been substantially completed in accordance with Final Shell Plans in all material respects, and specifying the date of that completion. Upon receipt by Tenant of the Final Completion Certificate, the Landlord's Work will be deemed delivered to Tenant for all purposes of the Lease (subject to Landlord's continuing obligations with respect to the punchlist items). Notwithstanding any other provisions of this Work Letter or of the Lease, if Landlord is delayed in substantially completing any of Landlord's Work necessary for issuance of the Structural Completion Certificate as a result of any Tenant Delay (as defined below), then the Rent Commencement Date (as otherwise determined in accordance with Article 1 of the Lease) shall be advanced one day earlier for each day by which such Tenant Delay delayed completion of the portions of Landlord's Work necessary for issuance of the Structural Completion Certificate, and Tenant shall reimburse Landlord in cash, within thirty (30) days after written demand by Landlord (accompanied by reasonable documentation of the items claimed), for any increased construction- related costs and expenses actually incurred by Landlord as a result of the Tenant Delay, if any.

Appears in 1 contract

Samples: Lease (Cell Genesys Inc)

Landlord’s Work. As partial consideration for this Lease, Landlord agrees to provide and pay for tenant will make certain improvements to the Premises up (the “Landlord’s Work”) as set forth on that certain proposal prepared by Gen-Con, Proposal No. E19-01 Rev. 2 dated February 22, 2019 (the “Plan”) attached hereto as Schedule 1 and previously approved by Tenant. For the avoidance of doubt, except for increased costs of Landlord’s Work above what’s shown on the Plan resulting from a Tenant Delay or TI Changes, all Landlord’s Work shall be completed at Landlord’s sole cost and expense without any Tenant reimbursement (regardless of any notations in the Plan indicating otherwise). Should said Plan or any part of Landlord’s Work require the preparation or development of additional plans or specifications, then Tenant shall have five (5) business days from Landlord’s submission of such additional plans or specifications to Tenant to approve or disapprove the total sum same. Tenant’s failure to so approve or disapprove within such five (5) 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 TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("Landlord's Work") pursuant to such plans and specifications mutually agreed upon between 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 reasonably agrees. In the event Landlord's Work costs in excess Tenant’s approval of $200,000, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent plans and specifications shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited tounreasonably withheld, conditioned or delayed, provided such plans and specifications are consistent with the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the PremisesPlan attached hereto as Schedule 1. Landlord and Tenant shall diligently pursue the preparation of all work together in good faith to agree upon such plans and specifications for all improvements specifications, it being agreed that Tenant shall have no right to the Premises, whether Landlord's Work or Tenant's Work. All request that such plans and specifications shall have the approval of both Landlord and Tenant, be revised to reflect any work which approval shall is not be unreasonably withheld by either partycontemplated on Schedule 1 attached hereto except pursuant to Section 4 below. Upon execution approval, or deemed approval, of such additional plans and specifications, the same shall be deemed the “Plan” for the purposes of this LeaseWork Letter. Except as may be otherwise shown on the Plan, TenantLandlord shall perform Landlord’s Work using building standard materials, at its expense, shall have provided quantities and procedures then in use by Landlord's architect with instructions sufficient to enable Landlord's architect to prepare complete plans and specifications for Landlord's Work. Such plans and specifications and a cost estimate for Landlord's.

Appears in 1 contract

Samples: To Lease (Intest Corp)

Landlord’s Work. As partial consideration Landlord has no obligation to improve the Premises in any manner, except for the completion of the Landlord’s Work (defined below). Notwithstanding anything in the Lease or this LeaseWork Letter to the contrary, Landlord agrees shall construct, install and perform, and the Tenant Improvement Work shall not include, all of the improvements and work (the “Landlord’s Work”) described on Exhibit “D” attached hereto and made a part hereof. The Landlord’s Work shall be performed (i) at Landlord’s sole cost and the Tenant Improvement Allowance shall not be applied to provide and pay for tenant improvements to the Premises up to the total sum any Landlord’s Work, (ii) in a good and workmanlike manner using new materials of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS good quality, ($200,000.00iii) in accordance with all Legal Requirements, and ("Landlord's Work"iv) pursuant to in accordance with plans and specifications mutually agreed upon between Landlord and Tenantprepared by Landlord. In the event Landlord's Work costs in excess of $200,000, but less than $250,000, Landlord agrees With respect to amortize the additional cost those items listed on Exhibit “D” as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000“Approval Items”, the rent shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Premises. Landlord and Tenant shall diligently pursue the preparation of all plans and specifications for all improvements to the Premises, whether Landlord's Work or Tenant's Work. All such plans and specifications therefor shall have the approval of both Landlord and be approved by Tenant, which approval shall not be unreasonably withheld withheld, conditioned or delayed and which approval shall be deemed given if Tenant fails to approve or reject the same within ten (10) days of Landlord’s request for approval of same (or, in the case of resubmitted working drawings, within five (5) days). Subject to Section 7 below, Landlord shall cause Landlord’s Work to be Substantially Completed on or before the Commencement Date and shall cause the components of Landlord’s Work to be completed by either partyany completion dates identified in Exhibit “D”. Upon execution of this Lease, TenantLandlord, at its expenseLandlord’s sole cost, shall have provided promptly correct and repair any failure of the Landlord's architect ’s Work to be constructed in accordance with instructions sufficient to enable Legal Requirements, the Lease and this Work Letter and any defects in materials or workmanship of the Landlord's architect to prepare complete plans and specifications for Landlord's ’s Work. Such plans Landlord and specifications Tenant acknowledge that Landlord may be performing the Landlord’s Work at the same time as Tenant is performing the Tenant Improvement Work. In such event, Landlord and a cost estimate for Tenant shall coordinate the Landlord's’s Work with the Tenant Improvement Work with each other and shall cooperate with each other reasonably in the scheduling, sequencing and performance of the Landlord’s Work and the Tenant Improvement Work (and vice-a-versa).

Appears in 1 contract

Samples: Office Lease Agreement (Invuity, Inc.)

Landlord’s Work. As partial consideration for this LeaseThe term “Minor Changes” means changes to the Approved Construction Drawings or Approved Budget that (a) are necessary or appropriate in the reasonable judgment of Landlord, the Architect or the General Contractor, (b) do not adversely impact the structure of the New Building, and (c) do not exceed the applicable line item in the Approved Budget (including applicable contingencies) by more than $25,000 in a single instance, or by $150,000 in the aggregate. Landlord shall notify Tenant of any Minor Changes in advance, if practical, and promptly if advance notice is not practical, and such notice shall state the anticipated effect on the Approved Budget as a result of all Minor Changes made to the date of such notice. Landlord agrees not to provide and pay for tenant improvements make any changes to the Premises up Approved Construction Drawings or the Approved Budget other than Minor Changes, without Tenant’s prior written consent as to such change and any increase in the New Building Project Costs associated therewith that are not provided for in or accommodated by the Approved Budget, which consent shall not be unreasonably withheld, conditioned or delayed. If Tenant fails to respond to a request to approve any change, other than a Minor Change, to the total sum of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("Landlord's Work") pursuant to plans and specifications mutually agreed upon between Approved Construction Drawings or Approved Budget proposed by Landlord and Tenant. In the event Landlord's Work costs in excess of $200,000, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over the within such five (5)-year term of this Lease, together with interest at 10% per annum on 5) business days after Landlord’s request (which request shall be accompanied by reasonable supporting documentation detailing the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of constructionproposed change). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees shall conclusively be deemed to pay such additional costs in cash prior have approved the proposed change. If Tenant shall notify Landlord of its objection to a change, other than a Minor Change, to the commencement of construction. In the event Landlord's Work costs less than $200,000Approved Construction Drawings or Approved Budget proposed by Landlord within such five (5) business day period, the rent shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Premises. Landlord and Tenant shall diligently pursue reasonably share records and estimates, rebid the preparation of all plans change at issue (if mutually agreed), and specifications for all improvements cooperate to the Premisesresolve any such differences as soon as reasonably possible. Office Lease Exhibit G, whether Landlord's Work or Tenant's Work. All such plans and specifications shall have the approval of both Landlord and Tenant, which approval shall not be unreasonably withheld by either party. Upon execution of this Lease, Tenant, at its expense, shall have provided Landlord's architect with instructions sufficient to enable Landlord's architect to prepare complete plans and specifications for Landlord's Work. Such plans and specifications and a cost estimate for Landlord'sPage 5

Appears in 1 contract

Samples: Office Lease (Ncino, Inc.)

Landlord’s Work. As partial consideration for this Lease1.1.1 Landlord, Landlord agrees at its sole cost and expense, will perform the work necessary, using building-standard plans and finishes, to provide and pay for tenant improvements cause the path of travel to the Premises up Expansion Space, as well as the restrooms serving the Expansion Space, to comply with all Laws, including the total sum of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("Landlord's Work") pursuant to plans Americans with Disabilities Act, Title 24 and specifications mutually agreed upon between Landlord and Tenant. In the event Landlord's Work costs in excess of $200,000, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to corresponding state law provisions regarding accessibility (but not withinwith respect to any compliance upgrades required that result from additional accessibility requirements, if any, arising from Tenant’s particular employees or Tenant’s particular use constituting a place of public accommodation, or Tenant’s proposed occupancy of the Expansion Space at a density level which is greater than that for which it is designed) in effect and as interpreted as of the PremisesFourth Amendment Effective Date (as opposed to any differing Laws or differing interpretations of Laws in effect as of the date of Tenant’s performance of the Tenant Improvement Project (defined in Section 1.1.3 below) (the “Landlord Work”). Landlord and Tenant shall diligently pursue be responsible for any alterations, additions or improvements required by Law to be made to or in the preparation Expansion Space as a result of all plans and specifications Tenant’s proposed Tenant Improvements, but will not be responsible for all improvements such work with respect to the Premisesremainder of Nine Maritime (except with respect to any compliance upgrades required that result from additional accessibility requirements, whether Landlord's Work if any, arising from Tenant’s particular employees or Tenant's Work’s particular use constituting a place of public accommodation, or from Tenant’s proposed occupancy of the Expansion Space at a density level which is greater than that for which it is designed), unless, with respect to the Tenant Improvement Project, such work is required by any Law (x) which was not in effect as of the Fourth Amendment Effective Date or (y) to the extent the same has been amended or whose interpretation by applicable authorities has been modified since the Fourth Amendment Effective Date. All such plans and specifications shall have Tenant’s obligation to comply with Laws as a consequence of the approval performance of both Landlord and Tenant, which approval shall not subsequent Alterations will be unreasonably withheld governed by either party. Upon execution of this the Lease, Tenant, at its expense, shall have provided Landlord's architect with instructions sufficient to enable Landlord's architect to prepare complete plans and specifications for Landlord's Work. Such plans and specifications and a cost estimate for Landlord's.

Appears in 1 contract

Samples: Work Agreement (Del Monte Corp)

Landlord’s Work. As partial consideration for this LeaseCommencing at any time on or after January 1, Landlord agrees to provide 2018, Landlord, at Landlord’s sole expense, shall (a) remove the internal staircase connecting the second (2nd) and pay for tenant improvements to third (3rd) floors and (b) replace the Premises up to slab between the total sum of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS second ($200,000.002nd) and third ("3rd) floors (collectively, “Landlord's ’s Work") pursuant to plans and specifications mutually agreed upon between Landlord and Tenant. In the event Landlord's Work costs in excess of $200,000, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent Landlord's ’s Work costs shall be performed in excess of $250,000a good and workmanlike manner. Landlord shall use reasonable efforts to complete Landlord’s Work no later than January 31, Tenant agrees 2018. Any request from Landlord to pay such additional costs in cash commence Landlord’s Work prior to the commencement of construction. In the event Landlord's Work costs less than $200,000January 1, the rent 2018, shall be reduced pursuant submitted in writing to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, Tenant reserves the following items shall right, in its sole and absolute discretion to approve or deny such request. Tenant acknowledges that, except as set forth in Subsection III,D.(iii) below, Landlord’s Work will be completed by Landlordperformed exclusively after Normal Business Hours, and but otherwise during the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front current period of Tenant’s occupancy of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Remaining Premises. Landlord shall use commercially reasonable efforts to coordinate Landlord’s Work with Tenant’s schedule to minimize disruption to Tenant’s business operations, but there shall be no diminution or abatement of Annual Basic Rent or Additional Rent or other compensation due from Landlord to Tenant hereunder, nor shall the Lease or this Third Amendment be affected or any of Tenant’s obligations thereunder reduced, and Tenant shall diligently pursue the preparation of all plans and specifications for all improvements to the Premises, whether Landlord's Work or Tenant's Work. All such plans and specifications Landlord shall have no responsibility or liability for any inconvenience or disruption to Tenant’s business operations unless such inconvenience or disruption (i) is the approval result of both negligence on the part of Landlord, its agents, employees or contractors, and (ii) substantially deprives Tenant of its use and enjoyment of the Remaining Premises. Landlord and Tenant, which approval shall not be unreasonably withheld by either party. Upon execution of this Lease, Tenant, at its expense, shall have provided agrees to cause the general contractor performing the Landlord's architect ’s Work to name Tenant as an additional insured on such contractor’s liability insurance policy maintained in connection with instructions sufficient to enable Landlord's architect to prepare complete plans and specifications for Landlord's ’s Work. Such plans and specifications and a cost estimate for Landlord's.

Appears in 1 contract

Samples: TechTarget Inc

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