Common use of Landlord’s Work Clause in Contracts

Landlord’s Work. Landlord has constructed the following ---------------- elements of the Building which are referred to as "Landlord's Work": foundations, floor slabs, roofs, exterior walls and windows, core walls, columns, all central mechanical and electrical systems serving the Building generally, any other mechanical and electrical systems located within core walls, ground floor lobby and courtyard areas, and bathrooms on multi-tenant floors. Landlord's Work also includes the elevator lobby and the demising wall on the multi-tenant floor on which the Premises are located, which Landlord shall diligently pursue to completion. Tenant has inspected, and is satisfied with, the "as is" condition of the Premises and shall be deemed to have accepted all elements of Landlord's Work in "as is" condition on the date of this Lease (it being understood that the foregoing is not intended to derogate from Landlord's obligations under Sections 3.1.2 and 4.1.2). Landlord's Work does not include Finish Work under Section 3.2 and the provision of similar finish work to other occupants. Landlord makes no warranty or covenant, express or implied, concerning the construction of the Building except that Landlord shall be responsible for exterior Building and Building shell and core compliance with all applicable laws (and Tenant shall be responsible for interior Building compliance with all applicable laws) provided, however, to the extent any Tenant Work or Finish Work affect the shell and core of the Building or may affect compliance of the shell and core with now applicable laws, Landlord and Tenant shall cooperate in the submission of plans to authorities and with respect to compliance issues generally as they affect Building shell and core. Landlord and Tenant shall cooperate to avoid to the maximum extent reasonably possible the need to perform additional work on the Building shell and core in order to avoid issues with respect to shell and core compliance with applicable law.

Appears in 2 contracts

Samples: Storagenetworks Inc, Storagenetworks Inc

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Landlord’s Work. Landlord, or its designated contractor(s), at Landlord’s expense, shall perform or cause to be performed the initial work as described on Exhibit B annexed hereto (“Landlord’s Initial Second Floor Work”) in the Second Floor Space. Tenant shall accept the Second Floor Space in its “as is” condition on the Commencement Date, subject only to Landlord’s performance of Landlord’s Initial Second Floor Work, and Landlord has constructed shall not be required to perform or cause the following ---------------- elements performance of any other work to ready the Second Floor Space for Tenant’s occupancy. All initial improvements which do not constitute Landlord’s Initial Second Floor Work shall constitute Alterations and shall be performed by Tenant at Tenant’s expense in accordance with the provisions of Section 4.01 of the Lease. During Tenant’s performance of its initial Alterations with respect to the Second Floor Space, and as part of such Alterations, Tenant shall cause the Building lavatories located on the second floor of the Building to substantially comply with the relevant requirements of the Americans with Disabilities Act. The “Second Floor Possession Date” means the earlier to occur of (x) the date on which are referred Landlord tenders vacant possession of the Second Floor Space to as "Tenant with Landlord's Work": foundations’s Initial Second Floor Work substantially completed within the meaning of the last sentence of Section 8.01(d) of the Lease, floor slabswhich shall apply mutatis mutandis with respect thereto, roofs, exterior walls and windows, core walls, columns, all central mechanical and electrical systems serving (y) the Building generally, date on which Tenant takes possession of any part of the Second Floor Space for the performance of Alterations or for any other mechanical and electrical systems located within core walls, ground floor lobby and courtyard areas, and bathrooms on multi-tenant floors. Landlord's Work also includes the elevator lobby and the demising wall on the multi-tenant floor on which the Premises are located, which Landlord shall diligently pursue to completion. Tenant has inspected, and is satisfied with, the "as is" condition of the Premises and shall be deemed to have accepted all elements of Landlord's Work in "as is" condition on the date of this Lease (it being understood that the foregoing is not intended to derogate from Landlord's obligations under Sections 3.1.2 and 4.1.2). Landlord's Work does not include Finish Work under Section 3.2 and the provision of similar finish work to other occupants. Landlord makes no warranty or covenant, express or implied, concerning the construction of the Building except that Landlord shall be responsible for exterior Building and Building shell and core compliance with all applicable laws (and Tenant shall be responsible for interior Building compliance with all applicable laws) provided, however, to the extent any Tenant Work or Finish Work affect the shell and core of the Building or may affect compliance of the shell and core with now applicable laws, Landlord and Tenant shall cooperate in the submission of plans to authorities and with respect to compliance issues generally as they affect Building shell and core. Landlord and Tenant shall cooperate to avoid to the maximum extent reasonably possible the need to perform additional work on the Building shell and core in order to avoid issues with respect to shell and core compliance with applicable lawreason.

Appears in 1 contract

Samples: Lease (Thomas Weisel Partners Group, Inc.)

Landlord’s Work. Landlord has constructed shall, at Landlord's sole cost and expense, utilizing Building standard methods, materials, components, and finishes in good and workmanlike manner and in compliance with all Applicable Laws, (i) cause the following ---------------- elements construction or installation of Building standard demising walls separating the Premises from the remainder of the floor in which the Premises is located and perform all other work required to separate the Premises from the remainder of the floor in which the Premises is located, (ii) perform any work necessary to cause the plumbing, electrical systems, fire sprinkler system, lighting, and all other building systems serving the Premises to be in good operating condition and repair, and (iii) provided that Tenant continues to utilize existing entrances for required means of egress from the Building, Landlord will be responsible for making modifications to the exterior of the Building, the existing Building which are referred entrances, and all exterior Common Areas (including required striping and handicapped spaces in the parking areas) as required to as cause such areas to be in compliance with ADA and parking requirements, to the extent required to allow the legal occupancy of the Premises or completion of the Tenant Improvements (collectively, the "Landlord's Work": foundations, floor slabs, roofs, exterior walls and windows, core walls, columns, ). Tenant hereby acknowledges that Landlord may perform all central mechanical and electrical systems serving the Building generally, any other mechanical and electrical systems located within core walls, ground floor lobby and courtyard areas, and bathrooms on multi-tenant floors. or portions of such Landlord's Work also includes the elevator lobby and the demising wall on the multi-tenant floor on which the Premises are located, which Landlord shall diligently pursue to completion. Tenant has inspected, and is satisfied with, the "as is" condition of the Premises and shall be deemed to have accepted all elements of Landlord's Work in "as is" condition on the date of this Lease (it being understood that the foregoing is not intended to derogate from Landlord's obligations under Sections 3.1.2 and 4.1.2). Landlord's Work does not include Finish Work under Section 3.2 and the provision of similar finish work to other occupants. Landlord makes no warranty or covenant, express or implied, concerning concurrently with the construction of the Building except that Landlord shall be responsible for exterior Building Tenant Improvements by Tenant and Building shell during the Lease Term, and core compliance with all applicable laws (and Tenant shall be responsible for interior Building compliance with all applicable laws) provided, however, to the extent any Tenant Work or Finish Work affect the shell and core of the Building or may affect compliance of the shell and core with now applicable laws, Landlord and Tenant shall cooperate (and shall cause their respective contractors, subcontractors and agents to cooperate) with each other in good faith in order that the submission work being performed by each party may be completed without material interference with the completion of plans the work being completed by the other party and without increase in cost to authorities and with respect the other party. Tenant hereby acknowledges that Landlord shall be permitted to compliance issues generally as they affect Building shell and coreperform the Landlord's Work during Tenant's occupancy of the Premises. Notwithstanding such occupancy of the Premises during the performance of the Landlord's Work, Landlord shall be permitted to perform the Landlord's Work during normal business hours, and Tenant shall provide a clear working area for such work, if necessary (including, but not limited to, the moving of furniture, fixtures and Tenant’s property away from the area in which Landlord is performing the Landlord's Work). Further, Tenant shall cooperate with all reasonable Landlord requests made in connection with or related to avoid Landlord's completion of the Landlord's Work. Tenant hereby agrees that the performance of the Landlord's Work in the Premises shall in no way constitute a constructive eviction of Tenant nor, except as expressly set forth in this Lease, entitle Tenant to any abatement of rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Landlord's Work, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of use of the whole or any part of the Premises, or for any inconvenience or annoyance occasioned by the Landlord's Work or Landlord's actions (or the actions of Landlord's contractors, employees and/or agents) in connection with the Landlord's Work. Further, except to the maximum extent reasonably possible arising from Landlord’s or any of its contractor’s, employee’s and/or agent’s negligence or willful misconduct, Landlord shall have no responsibility or for any reason be liable to Tenant for damage to Tenant’s personal property or improvements resulting from the need Landlord's Work or Landlord’s actions (or the actions of Landlord's contractors, employees and/or agents) in connection with the Landlord's Work. Landlord shall use commercially reasonable efforts to perform additional work on the Building shell Landlord's Work in a manner designed to minimize interference with Tenant’s normal business operations in the Premises, and core in order connection therewith, construction activities that are reasonably anticipated to avoid issues with respect be disruptive to shell Tenant are to be conducted after -1- [Audentes Therapeutics, Inc.] normal business hours. Such activities to be performed after normal business hours include, but are not limited to: shooting drywall screwing, hammering, loud cutting, painting, staining, sanding, welding and core compliance with applicable lawsoldering.

Appears in 1 contract

Samples: Lease (Audentes Therapeutics, Inc.)

Landlord’s Work. In addition to Landlord’s Allowance, prior to the commencement of the Extension Term, Landlord has constructed shall cause its contractor to (i) cosmetically upgrade the following ---------------- elements Building’s freight elevator cab (using Building standard plans and finishes), so that it can be used as a passenger elevator cab during peak operating hours of the Building, as determined by Landlord (but in all events (subject to Paragraph 17.e. of the Lease) from 8:30 A.M. to 9:30 A.M, and from 11:45 A.M. to 1:15 P.M., on Business Days), and (ii) perform all work necessary (if any) to cause the common areas of the Building which that are referred reasonably anticipated to be in Tenant's path of travel to the Premises to comply with Legal Requirements (including Title 24 requirements) regarding handicap access and use and fire and life safety (using Building standard plans and finishes), to the extent such work is required as "Landlord's Work": foundations, floor slabs, roofs, exterior walls of the commencement of the Extension Term under Legal Requirements that are applicable as of the commencement of the Extension Term in order for Tenant to lawfully access and windows, core walls, columns, all central mechanical occupy the Premises as permitted by the Lease. Landlord and electrical systems serving Tenant acknowledge that Landlord is currently considering a renovation of the Building generally, any other mechanical and electrical systems located within core walls, Building’s ground floor lobby and courtyard areasplaza, but whether Landlord proceeds with such renovation shall be determined by Landlord in its sole and bathrooms on multi-tenant floorsabsolute discretion. Landlord's Work also includes In the elevator lobby and the demising wall on the multi-tenant floor on which the Premises are locatedevent that Landlord elects to proceed with such renovation, which (X) Landlord shall diligently pursue have the right, at Landlord’s sole cost and expense, to completionrelocate Tenant’s Above Standard Signage (as defined in Paragraph 52.c. Tenant has inspected, and is satisfied with, the "as is" condition of the Premises Lease) to a location designated by Landlord in the ground floor main lobby of the Building, provided that such relocated Tenant’s Above Standard Signage is not smaller than the existing Tenant’s Above Standard Signage and shall be deemed provided further that the new location of Tenant’s Above Standard Signage is of generally equal prominence (as reasonably determined by Landlord) as the location of the main Building lobby signage of McKesson attributable to have accepted all elements McKesson’s premises in the Building as of Landlord's Work in "as is" condition on the date of this Lease Amendment (it being understood that i.e., if McKesson leases additional premises in the foregoing is not intended to derogate from Landlord's obligations under Sections 3.1.2 Building after the date of this Amendment, and 4.1.2). Landlord's Work does not include Finish Work under Section 3.2 Landlord grants McKesson more prominent signage rights or location(s) by reason thereof, Tenant’s signage rights hereunder (and the provision of similar finish work to other occupants. Landlord makes no warranty or covenant, express or implied, concerning the construction prominence of the Building except that location thereof) shall not be expanded or increased by reason thereof), (Y) Landlord shall be responsible for exterior Building use its reasonable efforts to complete the renovation work within eighteen (18) months from the commencement thereof, subject to delays caused by Force Majeure, and Building shell and core compliance with all applicable laws (and Tenant shall be responsible for interior Building compliance with all applicable lawsZ) provided, howeverduring the renovation period, to the extent any practicable, and so long as it does not interfere with Landlord’s work or increase the cost of Landlord’s work, or create a safety hazard, Tenant Work or Finish Work affect shall have the shell right, at Tenant’s sole cost and core expense, to maintain temporary identification signage consistent with the temporary identification signage of other major tenants of the Building and reasonably approved by Landlord, in the main Building lobby. Landlord agrees to consider in good faith any additional reasonable branding or may affect compliance of identity signage proposed by Tenant in the shell so renovated Building lobby. In the event that Landlord, in its sole and core with now applicable lawsabsolute discretion, grants Tenant rights to any such additional signage, the same shall be on the terms and conditions set forth in an amendment to the Lease executed by Landlord and Tenant shall cooperate in the submission of plans to authorities and with respect to compliance issues generally as they affect Building shell and core. Landlord and Tenant shall cooperate to avoid to the maximum extent reasonably possible the need to perform additional work on the Building shell and core in order to avoid issues with respect to shell and core compliance with applicable lawTenant.

Appears in 1 contract

Samples: Office Lease (Marin Software Inc)

Landlord’s Work. Landlord has constructed shall at Landlord's sole cost and expense (and not to be included in Operating Expenses, as a capital expenditure or otherwise), utilizing Building standard methods, materials, components, and finishes in good and workmanlike manner and in compliance with all Applicable Laws, (i) cause the following ---------------- elements construction or installation of Building standard demising walls separating the Remaining Premises from the remainder of the floor in which the Remaining Premises are located and perform all other work required to separate the Remaining Premises from the remainder of the floor in which the Remaining Premises is located, as shown on the demising plan attached as Schedule 1 to this Tenant Work Letter, which work shall include any work needed to maintain or bring the common areas into compliance with Applicable Laws and Code to the extent necessary for Tenant to obtain or maintain a certificate of occupancy and which work shall not include the capping of process utilities, including DI water, CDA, and vacuum (which work shall be performed by Tenant as part of the Tenant Improvements if Tenant desires to cap such process utilities), (ii) replace or overlay the roof of the 225 Building (with a Building standard roof or roof overlay per Landlord's roof specification plan), and (iii) replace any Building systems serving the 201 Building or the 225 Building which are referred reasonably determined by Landlord to as be at the end of their useful life prior to December 31, 2018 (collectively, the "Landlord's Work": foundations). In connection with the foregoing, floor slabs, roofs, exterior walls and windows, core walls, columns, all central mechanical and electrical systems serving Tenant acknowledges the Building generally, any other mechanical and electrical systems located within core walls, ground floor lobby and courtyard areas, and bathrooms on multi-tenant floors. Landlord's Work also includes the elevator lobby set forth in items (ii) and the demising wall (iii) above shall be performed at any time on the multi-tenant floor on which the Premises are locatedor before December 31, which Landlord shall diligently pursue to completion2018. Tenant has inspected, and is satisfied with, the "as is" condition hereby acknowledges that Landlord may perform all or portions of the Premises and shall be deemed to have accepted all elements of such Landlord's Work in "as is" condition on the date of this Lease (it being understood that the foregoing is not intended to derogate from Landlord's obligations under Sections 3.1.2 and 4.1.2). Landlord's Work does not include Finish Work under Section 3.2 and the provision of similar finish work to other occupants. Landlord makes no warranty or covenant, express or implied, concerning concurrently with the construction of the Building except that Landlord shall be responsible for exterior Building Tenant Improvements by Tenant, and Building shell and core compliance with all applicable laws (and Tenant shall be responsible for interior Building compliance with all applicable laws) provided, however, to the extent any Tenant Work or Finish Work affect the shell and core of the Building or may affect compliance of the shell and core with now applicable laws, Landlord and Tenant shall cooperate (and shall cause their respective contractors, subcontractors and agents to cooperate) with each other in good faith in order that the submission work being performed by each party may be completed without material interference with the completion of plans the work being completed by the other party and without increase in cost to authorities and with respect the other party. Tenant hereby acknowledges that Landlord shall be permitted to compliance issues generally as they affect Building shell and coreperform the Landlord's Work during Tenant's occupancy of the Remaining Premises. Notwithstanding such occupancy of the Remaining Premises during the performance of the Landlord's Work, Landlord shall be permitted to perform the Landlord's Work during normal business hours, and Tenant shall provide a clear working area for such work, if necessary (including, but not limited to, the moving of furniture, fixtures and Tenant’s property away from the area in which Landlord is performing the Landlord's Work). Further, Tenant shall cooperate with all reasonable Landlord requests made in connection with or related to avoid Landlord's completion of the Landlord's Work. Tenant hereby agrees that the performance of the Landlord's Work in the Remaining Premises shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of rent. Except to the maximum extent reasonably possible arising from Landlord's negligence or willful misconduct, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the need Landlord's Work, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of use of the whole or any part of the Remaining Premises or of Tenant’s personal property or improvements resulting from the Landlord's Work or Landlord’s actions (or the actions of Landlord's contractors, employees and/or agents) in connection with the Landlord's Work, or for any inconvenience or annoyance occasioned by the Landlord's Work or Landlord's actions (or the actions of Landlord's contractors, employees and/or agents) in connection with the Landlord's Work. Landlord shall use commercially reasonable efforts to perform additional the Landlord's Work in a manner designed to minimize interference with Tenant’s normal business operations in the Remaining Premises, and in connection therewith, construction activities that are reasonably anticipated to be disruptive to Tenant are to be conducted after normal business hours. Such activities to be performed after normal business hours include, but are not limited to: shooting drywall screwing, hammering, loud cutting, sanding, welding and soldering, and Landlord shall coordinate and schedule with Tenant at least forty-eight (48) hours in advance for any work on that requires a power shut down to the Building shell and core in order to avoid issues with respect to shell and core compliance with applicable lawRemaining Premises.

Appears in 1 contract

Samples: Lease (TerraVia Holdings, Inc.)

Landlord’s Work. The Landlord has constructed may but shall not be obligated to make additions, improvements, installations and repairs to the following ---------------- elements Property other than the Premises. In this regard the Landlord may cause any obstruction of or interference with the Building which are referred to as "Landlord's Work": foundations, floor slabs, roofs, exterior walls and windows, core walls, columns, all central mechanical and electrical systems serving the Building generally, any other mechanical and electrical systems located within core walls, ground floor lobby and courtyard areas, and bathrooms on multi-tenant floors. Landlord's Work also includes the elevator lobby and the demising wall on the multi-tenant floor on which the Premises are located, which Landlord shall diligently pursue to completion. Tenant has inspected, and is satisfied with, the "as is" condition use or enjoyment of the Premises that may reasonably be necessary, and may interrupt or suspend the supply of electricity, water or other services when necessary. Until same is completed there will be no abatement in rent, nor shall the Landlord be liable as a result. Provided the Landlord does not unreasonably interfere with the Tenant’s use and enjoyment of the Premises, and with reasonable notice to the Tenant, the Landlord and all persons authorized by the Landlord may but shall not be obligated to use, install, maintain or repair pipes, wires, ducts or other installations in, under or through the Premises for or in connection with the supply of any services deemed advisable by the Landlord or for any other purposes reasonably required by the Landlord in relation to have accepted all elements of Landlord's Work in "as is" condition the Premises or any other premises on the date Property. Those services may include, without limitation gas, electricity, water, sanitation, HVAC, and fire protection. Provided the Landlord does not unreasonably interfere with the Tenant’s use and enjoyment of the Premises, and with reasonable notice to the Tenant, the Landlord and all persons authorized by the Landlord may but shall not be obligated to enter the Premises and make all decorations, repairs, alterations, improvements or additions the Landlord considers advisable or as required to comply with governmental requirements and regulations. The Landlord and all persons authorized by the Landlord are allowed to take all necessary material into the Premises and the rent under this Lease (it being understood will not xxxxx during that the foregoing is not intended to derogate from Landlord's obligations under Sections 3.1.2 and 4.1.2). Landlord's Work does not include Finish Work under Section 3.2 and the provision of similar finish work to other occupants. Landlord makes no warranty or covenant, express or implied, concerning the construction of the Building except that Landlord shall be responsible for exterior Building and Building shell and core compliance with all applicable laws (and Tenant shall be responsible for interior Building compliance with all applicable laws) provided, however, to the extent any Tenant Work or Finish Work affect the shell and core of the Building or may affect compliance of the shell and core with now applicable laws, Landlord and Tenant shall cooperate in the submission of plans to authorities and with respect to compliance issues generally as they affect Building shell and core. Landlord and Tenant shall cooperate to avoid to the maximum extent reasonably possible the need to perform additional work on the Building shell and core in order to avoid issues with respect to shell and core compliance with applicable lawwork.

Appears in 1 contract

Samples: Lease Agreement (Orchid Cellmark Inc)

Landlord’s Work. Landlord has constructed Except as otherwise set forth in the following ---------------- elements Lease and in this Article 61, Tenant shall accept the Premises in its “as is” physical condition as of the Building date of the Lease set forth in the Basic Lease Information and Definitions, without any obligation of Landlord’s part to make any other alterations, repairs or improvements. Upon complete execution of the Lease, Xxxxxxxx shall, at its own cost and expense, remodel the Premises as set forth in Exhibit “G” of the Lease (“Landlord’s Work”). Landlord shall use reasonable and diligent efforts to complete Landlord’s Work in a timely manner, subject to force majeure delays and delays caused by Tenant, its agents, contractors and employees. Landlord’s Work shall be deemed substantially complete notwithstanding the fact that minor details of construction, mechanical adjustments or decorations, which are do not materially interfere with Tenant’s use and enjoyment of the Premises, remain to be performed (items normally referred to as "“punch list” items). Provided that Tenant and its agents do not interfere with the completion of Landlord's ’s Work": foundations, floor slabsTenant may access the Premises prior to the substantial completion of Landlord’s Work for the purpose installing its furniture, roofsfixtures and/or equipment (including Tenant’s data and telephone cabling and equipment) in the Premises. Tenant shall hold Landlord harmless from and indemnify, exterior walls protect and windows, core walls, columns, all central mechanical and electrical systems serving defend Landlord against any loss or damage to the Building generally, any other mechanical and electrical systems located within core walls, ground floor lobby and courtyard areas, and bathrooms on multi-tenant floors. Landlord's Work also includes the elevator lobby and the demising wall on the multi-tenant floor on which the Premises are located, which Landlord shall diligently pursue to completion. Tenant has inspected, and is satisfied with, the "as is" condition of the or Premises and shall be deemed against injury to have accepted all elements of Landlord's Work in "as is" condition on the date of any persons caused by Tenant’s actions pursuant to this Lease (it being understood that the foregoing is not intended to derogate from Landlord's obligations under Sections 3.1.2 and 4.1.2)Article 61. Landlord's Work does not include Finish Work under Section 3.2 and the provision of similar finish work to other occupants. Landlord makes no warranty or covenantFurthermore, express or implied, concerning the construction of the Building except that Landlord shall be responsible for exterior Building and Building shell and core compliance with all applicable laws (and Tenant shall be solely responsible for interior Building compliance with all applicable laws) provided, however, any loss or damage to the extent any Tenant Work or Finish Work affect the shell and core of the Building or may affect compliance of the shell and core with now applicable lawsabove mentioned furniture, Landlord and Tenant shall cooperate in the submission of plans to authorities and with respect to compliance issues generally as they affect Building shell and core. Landlord and Tenant shall cooperate to avoid to the maximum extent reasonably possible the need to perform additional work on the Building shell and core in order to avoid issues with respect to shell and core compliance with applicable lawfixtures and/or equipment.

Appears in 1 contract

Samples: Rentech Inc /Co/

Landlord’s Work. In addition to the Base, Shell and Core, Landlord has constructed in accordance with Landlord’s plans and specifications for the same, shall perform the following ---------------- elements of work (collectively, “Landlord’s Work”) in the Building which are referred to as "Landlord's Work"Project: foundations, floor slabs, roofs, exterior walls (i) modify all relevant mechanical/HVAC and windows, core walls, columns, all central mechanical and electrical Fire/Life/Safety systems serving the Building generally, any other mechanical and electrical systems located within core walls, ground floor lobby and courtyard areas, and bathrooms on as deemed necessary by Landlord to convert the Project from a single-tenant building to a multi-tenant floors. Landlord's Work also includes Project (including, the elevator lobby splitting of such mechanical/HVAC and Fire/Life/Safety systems as necessary to separately demise the Premises from the remainder of the Project and the demising wall Fire/Life/Safety and Access System work described on the multi-tenant floor on which the Premises are located, which Landlord shall diligently pursue to completion. Tenant has inspected, Schedule “1” attached hereto and is satisfied with, the "made a part hereof); (ii) in accordance with applicable laws in effect as is" condition of the Premises and shall be deemed to have accepted all elements of Landlord's Work in "as is" condition on the date of the Lease, install a fire exit stairwell to be located near the center atrium of the Project; (iii) inspect the HVAC system serving the Premises for proper working condition and to the extent not already existing as of the date of the Lease, complete the HVAC System related work described on Schedule “1” attached hereto; and (iv) restore the second (2nd) floor portion of the Project located over the lobby atrium of the Project as may be necessary to facilitate the installation of the proposed stairwell described in clause (ii) of this Lease Section 1.2 (it being understood that the foregoing is not intended to derogate from Landlord's obligations under Sections 3.1.2 and 4.1.2“Atrium Restoration Work”). Landlord's ’s Work does not include Finish Work under Section 3.2 and the provision of similar finish work to other occupants. Landlord makes no warranty or covenant, express or implied, concerning the construction of the Building except that Landlord shall be responsible for exterior Building and Building shell and core performed in compliance with all applicable laws (and Tenant in effect as of the date of the Lease. The cost of Landlord’s Work shall be responsible for interior Building compliance with all applicable laws) borne by Landlord; provided, however, Tenant shall, at its sole cost and expense reimburse Landlord for the costs incurred by Landlord in connection with the design and construction of the Atrium Restoration Work as a charge against the Existing Lease Restoration Deposit as set forth in Section 2(d)(iv) of the Lease. Notwithstanding anything to the extent any Tenant Work or Finish Work affect contrary herein, the shell and core calculation of the Building or may affect compliance costs and expenses incurred by Landlord in connection with the Atrium Restoration Work shall specifically exclude the costs and expenses of installing the stairwell described in clause (ii) of this Section 1.2 and such costs and expenses of installing the stairwell shall be borne by Landlord. Landlord shall competitively bid the construction of the shell Atrium Restoration Work to at least three (3) contractors. Tenant, in accordance with Landlord’s bidding process, may submit to Landlord the name of one (1) contractor to competitively bid such construction, so long as such contractor satisfies Landlord’s selection criteria and core with now applicable laws, qualifications. The three (3) contractors shall submit their bids on a “sealed bid” basis to Landlord and Tenant shall cooperate in at the submission of plans to authorities and with respect to compliance issues generally as they affect Building shell and coresame time. Landlord and Tenant shall cooperate thereafter meet to avoid review said bids and attempt to mutually agree upon the maximum extent reasonably possible the need contractor to be selected to perform additional the Atrium Restoration Work. If Landlord and Tenant fail to agree upon the contractor to be awarded the construction contract within five (5) days following the delivery of the last sealed bid to Landlord and Tenant. The award shall go the contractor whose bid was the lowest (after first adjusting the bids for inconsistent or incorrect assumptions so that a like-kind comparison can be made and a low bidder determined). Landlord EXHIBIT “D” and Tenant agree to use their commercially reasonable efforts to coordinate their respective work on the Building shell and core in order to avoid issues with respect to shell conflicts between Landlord’s Work and core compliance with applicable lawthe Improvements.

Appears in 1 contract

Samples: Standard Office Lease (Move Inc)

Landlord’s Work. After having obtained the Peffi1its, Landlord has constructed shall construct the following ---------------- elements Premises and related improvements on the Premises Site on a turnkey basis at no cost to Tenant, in accordance with the Plans and Specifications attached hereto as Exhibit "C" and in accordance with the zoning, building, environmental, health and safety codes of the Building governmental units in which the Premises are referred to as situated ("Landlord's Work": foundations, floor slabs, roofs, exterior walls and windows, core walls, columns, all central mechanical and electrical systems serving the Building generally, any other mechanical and electrical systems located within core walls, ground floor lobby and courtyard areas, and bathrooms on multi-tenant floors). Landlord's Work also includes shall be substantially completed, excepting Punchlist Items (as hereinafter defined), and possession of the elevator lobby and completed Premises shall be delivered to Tenant for the demising wall on commencement of Tenant's Work within the multi-tenant floor on which the Premises are locatedConstruction Period, which Landlord shall diligently pursue delays due to completionForce Majeure events excepted. Tenant has inspected, and is satisfied with, the "as is" condition of the Premises and shall be deemed to have accepted all elements of the Premises provided Landlord's Work in "as is" condition on the date of this Lease (it being understood that the foregoing is not intended to derogate from Landlord's obligations under Sections 3.1.2 and 4.1.2). Landlord's Work does not include Finish Work under Section 3.2 and the provision of similar finish work to other occupants. Landlord makes no warranty or covenantsubstantially complete, express or implied, concerning the construction of the Building except that excepting Punchlist Items which Landlord shall be responsible for exterior Building obligated to complete as set forth in Section 15.4, and Building shell and core compliance with all provided further that Tenant is able to perfoffi1 Tenant's Work without unreasonable interference by Landlord. Conditioned upon Tenant's providing Landlord reasonable assurance that Tenant's placement of a satellite dish on the roof of the Premises will not void applicable laws (and roof warranties, Tenant shall be responsible for interior Building compliance with all applicable laws) provided, however, have the right to install on the extent any Tenant Work or Finish Work affect the shell and core roof of the Building Premises a satellite dish in accordance with plans and specifications set forth on Exhibit "C". Upon expiration or may affect compliance earlier teffi1ination of this Lease, Tenant shall remove any satellite dish and related equipment installed on the roof of the shell Premises and core with now applicable laws, Landlord and Tenant shall cooperate repair any damage caused in the submission of plans to authorities and with respect to compliance issues generally as they affect Building shell and core. Landlord and Tenant shall cooperate to avoid to the maximum extent reasonably possible the need to perform additional work on the Building shell and core in order to avoid issues with respect to shell and core compliance with applicable lawconnection therewith.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Aei Income & Growth Fund 23 LLC)

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Landlord’s Work. As Landlord’s Work, Landlord has shall cause its contractor to construct leasehold improvements in the Premises substantially in accordance with the Initial Plan and any Architectural Plans approved by Tenant and Landlord as provided in Section 2 of this Exhibit. Any work required by Tenant in addition to Landlord’s Work shall be constructed at Tenant’s expense by Landlord as Additional Work as provided in Section 5 of this Exhibit or by Tenant pursuant to Section 7 of this Exhibit in a manner that does not interfere with Landlord’s Work or other work in the following ---------------- elements Project. Following compliance with Sections 2 and 3 of this Exhibit, Landlord shall obtain a building permit and, subject to the other terms and conditions of this Exhibit and the Lease, shall proceed diligently to cause Landlord’s Work to be substantially completed. It is expressly understood that all work to be done in the Premises shall be subject to approval by Landlord and that no work shall be undertaken in the Premises until such approval is given in writing. For purposes of this Exhibit, “substantial completion” means: (i) completion of Landlord’s Work except for minor finishing and punchlist activity which docs not materially interfere with Tenant’s use and occupancy of the Building which are referred to as "Landlord's Work": foundationsPremises; and (ii) issuance of any necessary municipal certificate of occupancy Within thirty (30) days after the Commencement Date of the Lease, floor slabsthe parties shall inspect the Premises, roofs, exterior walls and windows, core walls, columns, have all central mechanical and electrical systems serving the Building generally, any other mechanical and electrical systems located within core walls, ground floor lobby and courtyard areasdemonstrated, and bathrooms on multi-tenant floorsprepare a punchlist of incomplete or defective details of construction. Landlord will use reasonable diligence to promptly complete the punchlist items after Tenant provides the punchlist to Landlord's . A certificate signed by the Architect that Landlord’s Work also includes the elevator lobby has been substantially completed or finally completed shall be conclusive and the demising wall binding on the multi-tenant floor on which the Premises are located, which Landlord shall diligently pursue to completion. Tenant has inspected, and is satisfied with, the "as is" condition of the Premises and shall be deemed to have accepted all elements of Landlord's Work in "as is" condition on the date of this Lease (it being understood that the foregoing is not intended to derogate from Landlord's obligations under Sections 3.1.2 and 4.1.2). Landlord's Work does not include Finish Work under Section 3.2 and the provision of similar finish work to other occupants. Landlord makes no warranty or covenant, express or implied, concerning the construction of the Building except that Landlord shall be responsible for exterior Building and Building shell and core compliance with all applicable laws (and Tenant shall be responsible for interior Building compliance with all applicable laws) provided, however, to the extent any Tenant Work or Finish Work affect the shell and core of the Building or may affect compliance of the shell and core with now applicable laws, Landlord and Tenant shall cooperate in the submission of plans to authorities and with respect to compliance issues generally as they affect Building shell and core. Landlord and Tenant shall cooperate to avoid to the maximum extent reasonably possible the need to perform additional work on the Building shell and core in order to avoid issues with respect to shell and core compliance with applicable lawparties.

Appears in 1 contract

Samples: Lease Agreement (Quest Resource Corp)

Landlord’s Work. Except for Landlord’s Remaining Base Building Work, Landlord has constructed the following ---------------- elements of the Building Building, which are referred to as "Landlord's ’s Work"”, in a good and workmanlike manner and in accordance with all laws, rules and regulations: foundations, floor slabs, roofs, exterior walls and windows, core walls, columns, core bathrooms, elevators and all central mechanical mechanical, heating, ventilation, air-conditioning, plumbing, telecommunications, security and electrical systems serving the Building generally, any other mechanical and electrical systems located within core walls, ground floor lobby main lobbies and courtyard entrances areas, and bathrooms as more particularly set forth in the Base Building Specifications on multi-tenant floorsExhibit A-1. Except for Landlord's Work also includes the elevator lobby and the demising wall on the multi-tenant floor on which the Premises are located’s Remaining Base Building Work, which Landlord shall diligently pursue to completion. Tenant has inspected, and is satisfied with, the "as is" condition of the Premises and shall be deemed to have accepted all elements of Landlord's ’s Work in "as is" condition on the date of this Lease (it being understood Lease, provided that the foregoing is not intended to shall in no manner derogate from Landlord's obligations ’s express responsibilities under Sections 3.1.2 this Lease with respect to repairs and 4.1.2)maintenance. Landlord's Work does not include Finish Work under Section 3.2 Landlord covenants that, on the Commencement Date, all such systems, and all common areas and facilities, and the provision core bathrooms located within the Premises, and the Parking Garage, shall be fully functional. In addition, Landlord shall perform the remaining incomplete components of similar finish work Landlord’s Work set forth on Exhibit A-2 (“Landlord’s Remaining Base Building Work”) in a good and workmanlike manner and in accordance with all laws, rules and regulations and use commercially reasonable efforts to other occupantscomplete the same on or before July 1, 2004. In the event that Landlord makes has not substantially completed Landlord’s Remaining Base Building Work on or before November 1, 2004, except for excusable delay (as provided in Section 10.4), or any delay caused by Tenant, or its agents, contractors or employees, and such failure of Landlord has the effect of actually delaying Tenant’s ability to complete the Initial Tenant Work and commence occupancy of the Premises, then the delay in such completion and occupancy that otherwise would not have occurred shall be deemed a “Landlord Delay”. Any disputes as to whether Landlord has completed Landlord’s Remaining Base Building Work may be submitted for resolution by either party pursuant to the special expedited dispute resolution procedure set forth in Exhibit J. Promptly after receipt thereof, but in any event no warranty or covenantlater than the Commencement Date, express or impliedLandlord shall provide a copy of the certificate of occupancy for Landlord’s Work, concerning which shall permit the construction use of the Building except that for office purposes. The foregoing obligation to deliver a certificate of occupancy shall not obligate Landlord to provide a certificate of occupancy in connection with the Initial Tenant Work. In addition, if Tenant shall fail to lease the 20th Floor Expansion Space pursuant to Section 2.9 hereof, Landlord shall, at Landlord’s sole cost and expense, perform the work necessary to demise the portion of the Premises on the twentieth floor from the remainder of such floor in the location shown on Exhibit B. Landlord shall be responsible for exterior Building perform such demising work in a good and Building shell workmanlike manner and core compliance in accordance with all applicable laws (and Tenant shall be responsible for interior Building compliance with all applicable laws) provided, however, to the extent any Tenant Work or Finish Work affect the shell and core of the Building or may affect compliance of the shell and core with now applicable laws, Landlord rules and Tenant shall cooperate in regulations and use commercially reasonable efforts to complete the submission of plans to authorities and with respect to compliance issues generally as they affect Building shell and coresame on or before November 1, 2004. Landlord and Tenant shall cooperate to avoid to enforce all warranties obtained for Landlord’s Work for the maximum extent reasonably possible the need to perform additional work on the Building shell and core in order to avoid issues with respect to shell and core compliance with applicable lawbenefit of Tenant.

Appears in 1 contract

Samples: Digitas Inc

Landlord’s Work. Landlord has constructed At Landlord’s sole cost and expense, Landlord’s contractor shall perform: (i) all work to the following ---------------- elements restrooms in the Expansion Premises required to bring them into compliance with the disabled access requirements of the San Francisco Building Code (the “ADA Requirements”); and (ii) any fire or life safety code compliance work that, as a result of the performance of Tenant’s Work (as defined below), may be required in those portions of the Common Areas of the Building which that are in the path of travel to the Expansion Premises (but excluding the elevator lobby area of the Expansion Premises). The work described in clauses (i) and (ii) of the preceding sentence is hereinafter referred to as "Landlord's ’s Work": foundations, floor slabs, roofs, exterior walls and windows, core walls, columns, all central mechanical and electrical systems serving the Building generally, any other mechanical and electrical systems located within core walls, ground floor lobby and courtyard areas, and bathrooms on multi-tenant floors. Landlord's Work also includes the elevator lobby and the demising wall on the multi-tenant floor on which the Premises are located, which Landlord shall diligently pursue to completion. .” Tenant has inspected, and is satisfied with, the "as is" condition of the Premises and shall be deemed to have accepted all elements of Landlord's Work in "as is" condition on the date of this Lease (it being understood acknowledges that the foregoing is not intended to derogate from Landlord's obligations under Sections 3.1.2 and 4.1.2). Landlord's Work term “Common Areas” does not include Finish Work under Section 3.2 and any portion of the provision of similar finish work to other occupants. Landlord makes no warranty or covenant, express or implied, concerning the construction 17th floor of the Building except (other than stairwells), and specifically excludes those portions of the 17th floor that were previously considered Common Areas when the 17th floor was configured for occupancy by multiple tenants (such as hallways and elevator lobby areas). Landlord shall be responsible for exterior Building and Building shell and core perform Landlord’s Work in compliance with all applicable laws (laws, but in all other respects Landlord’s Work shall be performed in a manner, with materials and pursuant to plans and specifications determined by Landlord in Landlord’s sole discretion. Tenant acknowledges that Landlord’s Work relating to the restrooms in the Expansion Premises is limited to only that work required to be performed in order to bring the restrooms into compliance with the ADA Requirements. Tenant shall be responsible for interior Building compliance with all other improvements, upgrades and other work in the restrooms required under applicable laws) providedlaws or desired by Tenant. Other than Landlord’s obligation to perform Landlord’s Work, however, to the extent any Tenant Work or Finish Work affect the shell and core of the Building or may affect compliance of the shell and core with now applicable laws, Landlord and Tenant shall cooperate lease the Expansion Premises in their “as is” condition, and Landlord shall have no obligation to make any improvements or to perform any work in the submission of plans to authorities and with respect to compliance issues generally as they affect Building shell and coreExpansion Premises or elsewhere in the Building. Landlord shall deliver the Expansion Premises to Tenant in their as-is condition, without Landlord’s Work having been commenced or completed, it being the parties’ understanding and Tenant shall cooperate to avoid to the maximum extent reasonably possible the need to perform additional work on the Building shell and core in order to avoid issues agreement that Landlord’s Work will be performed concurrently with respect to shell and core compliance with applicable lawTenant’s Work (as defined below).

Appears in 1 contract

Samples: Lease (Bare Escentuals Inc)

Landlord’s Work. Tenant accepts the Premises in its current “AS IS” condition and acknowledges that Landlord has constructed the following ---------------- elements of the Building which are referred shall have no obligation to as "Landlord's Work": foundations, floor slabs, roofs, exterior walls and windows, core walls, columns, all central mechanical and electrical systems serving the Building generally, do any other mechanical and electrical systems located within core walls, ground floor lobby and courtyard areas, and bathrooms on multi-tenant floors. Landlord's Work also includes the elevator lobby and the demising wall work in or on the multi-tenant floor on which the Premises are locatedto render it ready for Tenant’s use or occupancy, which Landlord shall diligently pursue to completion. Tenant has inspected, and is satisfied with, the "as is" condition of the Premises and shall be deemed to have accepted all elements of Landlord's Work in "as is" condition on the date of this Lease (it being understood that the foregoing is not intended to derogate from Landlord's obligations under Sections 3.1.2 and 4.1.2). Landlord's Work does not include Finish Work under Section 3.2 and the provision of similar finish work to other occupants. Landlord makes no warranty or covenant, express or implied, concerning the construction of the Building except that Landlord shall be responsible for exterior modify the paint/decor of the wall in the elevator lobbies in the Original Premises to match the paint/decor of the wall of the elevator lobby of the third (3rd) floor of the Building and Building shell and core (“Landlord’s Work”). Landlord shall perform the Landlord’s Work in compliance with all applicable laws law, in a good and workmanlike manner using new equipment (if any) and materials of good quality. Landlord shall use commercially good faith efforts to complete Landlord’s Work within ninety (90) days after the Expansion Commencement Date. In performing the Landlord’s Work, Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s use of and access to the Original Premises and the Expansion Premises. Within ten (10) days after Landlord’s completion of the Landlord’s Work in each elevator lobby in the Original Premises and the Expansion Premises, Tenant shall have the right to submit a written “punch list” to Landlord, setting forth any defective item of construction, and Landlord shall promptly cause such items to be responsible for interior Building compliance with all applicable laws) provided, however, to the extent any Tenant Work or Finish Work affect the shell and core of the Building or may affect compliance of the shell and core with now applicable laws, Landlord and Tenant shall cooperate in the submission of plans to authorities and with respect to compliance issues generally as they affect Building shell and core. Landlord and Tenant shall cooperate to avoid to the maximum extent reasonably possible the need to perform additional work on the Building shell and core in order to avoid issues with respect to shell and core compliance with applicable lawcorrected.

Appears in 1 contract

Samples: Bloom Energy Corp

Landlord’s Work. Landlord has constructed shall, at Landlord’s sole cost and expense, utilizing Building standard methods, materials, components, and finishes in good and workmanlike manner and in compliance with all Applicable Laws, (i) cause the following ---------------- elements construction of a Building standard shipping and receiving area on the ground floor of the Building which are referred in the location shown on Schedule 1 attached hereto, (ii) install a new Building standard freight elevator to as "Landlord's Work": foundations, floor slabs, roofs, exterior walls and windows, core walls, columns, all central mechanical and electrical systems serving serve the Building generally, any other mechanical and electrical systems located within core walls, ground floor lobby and courtyard areasBuilding, and bathrooms on multi-tenant floors. Landlord's Work also includes (iii) provided that Tenant continues to utilize existing entrances for required means of egress from the elevator lobby and Building, Landlord will be responsible for making modifications to the demising wall on exterior of the multi-tenant floor on which Building, the Premises are located, which Landlord shall diligently pursue to completion. Tenant has inspectedexisting Building entrances, and is satisfied withall exterior Common Areas (including required striping and handicapped spaces in the parking areas) as required to cause such areas to be in compliance with ADA and parking requirements, to the "as is" condition extent required to allow the legal occupancy of the Premises and shall be deemed to have accepted all elements as proven by procurement of necessary approvals from the City of South San Francisco (collectively, the “Landlord's Work in "as is" condition on the date of this Lease (it being understood that the foregoing is not intended to derogate from Landlord's obligations under Sections 3.1.2 and 4.1.2’s Work”). Landlord shall utilize commercially reasonable efforts to perform the Landlord's ’s Work does as soon as reasonably practicable, although Tenant acknowledges some portions of the Landlord’s Work shall not include Finish be completed prior to the Rent Commencement Date. Tenant hereby acknowledges that Landlord may perform all or portions of such Landlord’s Work under Section 3.2 and the provision of similar finish work to other occupants. Landlord makes no warranty or covenant, express or implied, concerning concurrently with the construction of the Building except that Landlord shall be responsible for exterior Building Tenant Improvements by Tenant and Building shell during the Lease Term, and core compliance with all applicable laws (and Tenant shall be responsible for interior Building compliance with all applicable laws) provided, however, to the extent any Tenant Work or Finish Work affect the shell and core of the Building or may affect compliance of the shell and core with now applicable laws, Landlord and Tenant shall cooperate (and shall cause their respective contractors, subcontractors and agents to cooperate) with each other in good faith in order that the submission work being performed by each party may be completed without material interference with the completion of plans the work being completed by the other party and without increase in cost to authorities and with respect the other party. Tenant hereby acknowledges that Landlord shall be permitted to compliance issues generally as they affect Building shell and coreperform the Landlord’s Work during Tenant’s occupancy of the Premises. Notwithstanding such occupancy of the Premises during the performance of the Landlord’s Work, Landlord shall be permitted to perform the Landlord’s Work during normal business hours, and Tenant shall provide a clear working area for such work, if necessary (including, but not limited to, the moving of furniture, fixtures and Tenant’s property away from the area in which Landlord is performing the Landlord’s Work). Further, Tenant shall cooperate with all reasonable Landlord requests made in connection with or related to avoid Landlord’s completion of the Landlord’s Work. Tenant hereby agrees that the performance of the Landlord’s Work in the Premises shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Landlord’s Work, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Landlord’s Work or Landlord’s actions (or the actions of Landlord’s contractors, employees and/or agents) in connection with the Landlord’s Work, or for any inconvenience or annoyance occasioned by the Landlord’s Work or Landlord’s actions (or the actions of Landlord’s contractors, employees and/or agents) in connection with the Landlord’s Work, subject to the maximum extent reasonably possible the need terms of Section 19.5.2 above. Landlord shall use commercially reasonable efforts to perform additional work on the Building shell Landlord’s Work in a manner designed to minimize interference with Tenant’s normal business operations in the Premises, and core in order connection therewith, construction activities that are reasonably anticipated to avoid issues with respect be disruptive to shell Tenant are to be conducted after normal business hours. Such activities to be performed after normal business hours include, but are not limited to: shooting drywall screwing, hammering, loud cutting, painting, staining, sanding, welding and core compliance with applicable law.soldering. EXHIBIT B -1- Britannia Pointe Grand Limited Partnership [Britannia Pointe Grand Business Park] [Allogene Therapeutics, Inc.] SECTION 2

Appears in 1 contract

Samples: Lease (Allogene Therapeutics, Inc.)

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