Owner’s Work Clause Samples

Owner’s Work. Prior to the commencement of the term, OWNER, at its expense, shall substantially complete the work set forth on Schedule “A” annexed hereto (collectively, the “OWNER’s Work”), in building standard manner, using building standard materials and finishes. OWNER represents and warrants that OWNER shall perform OWNER’S Work in a good and workmanlike manner and in compliance with all laws, codes and ordinances and all insurance requirements, and perform such OWNER’S Work in accordance with the plans and specifications. As used herein, “substantially complete” shall be deemed to mean a status of completion which complies with Schedule “A” in all material respects, is in compliance with all applicable laws, and does not materially interfere with TENANT’s move-in and use of the demised premises, subject to whatever other work, installations, or improvements TENANT intends to perform with respect to the demised premises. If for any reason the OWNER’s work is not substantially completed by the scheduled commencement of the term, said commencement shall be delayed until said work is substantially completed, and the free rent period shall be adjusted accordingly. In the event OWNER’s work is not substantially complete, subject to punch list items only, by September, 2019 (as the same may be extended by force majeure), TENANT may terminate this Lease upon written notice to Landlord, in which case, this Lease shall be of no further force or effect and Landlord shall promptly return to TENANT all sums previously delivered to OWNER by TENANT.

Owner’s Work. Owner shall be solely responsible for the development and construction of the Venue, the Common Area and the Restaurant Building (the “Improvements”) as well as the installation of all sound equipment, lights, video equipment, furniture, kitchen equipment, bar equipment, stage and related equipment, rigging equipment, art, décor, signage, etc. (“FF&E”), at its sole cost and expense, pursuant to the Schematic attached hereto on Exhibit A and the plans and specifications to be mutually and reasonably agreed upon by Owner and Operator as further set forth on Exhibit B hereto, which plans shall conform to Operator’s production requirements.

Owner’s Work. Owner shall be solely responsible for the design (with Operator’s input and approval), development and construction of the Venue and the Common Area (the “Improvements”) as well as the installation of all sound equipment, lights, video equipment, furniture, kitchen equipment, bar equipment, stage and related equipment, rigging equipment, art, décor, signage, etc. (“FF&E”), at its sole cost and expense, pursuant to the Schematic attached hereto on Exhibit A and the plans and specifications to be mutually and reasonably agreed upon by Owner and Operator.

Owner’s Work. A. Tenant acknowledges that Owner has made and makes no representation or warranty of any kind, express or implied, to Tenant with respect to the condition of the Demised Premises, except as otherwise expressly set forth herein. Tenant represents and warrants that it has inspected or is otherwise fully familiar with the condition of the Demised Premises, agrees to accept the Demised Premises in the condition existing on the Commencement Date (subject to Owner’s performance of Owner’s Work in a good and workmanlike manner), and further agrees that, notwithstanding anything to the contrary contained in this Lease, Owner shall have no obligation to alter, improve, decorate or otherwise prepare the Demised Premises for Tenant’s occupancy, except that Owner, at Owner’s own cost and expense, shall perform the work (“Owner’s Work”) set forth and described on Exhibit “B” annexed hereto and made a part hereof. B. Owner shall perform Owner’s Work prior to the Commencement Date hereof. Provided Tenant has promptly notified Owner of the paint color chosen by Tenant (as set forth on Exhibit B hereof), if Owner’s Work shall not be substantially completed within thirty (30) days from the date hereof, then Tenant shall be permitted to terminate this Lease on three (3) days written notice to Owner and, in such event, upon the expiration of such three (3) days period, Owner shall return to Tenant the first monthly payment of Fixed Rent and the Letter of Credit security deposit and thereafter neither Owner nor Tenant shall have any further rights or obligation hereunder except as expressly set forth in this Lease. Owner’s Work shall be deemed to be substantially completed (“Substantially Completed”) upon the completion of such work, except for minor details of such work, the non-completion of which shall not materially and adversely interfere with Tenant’s use or occupancy of the Demised Premises for Tenant’s normal business purposes. Owner shall notify Tenant when Owner’s Work has been Substantially Completed. Owner shall have the right to enter the Demised Premises subsequent to the Commencement Date to complete Owner’s Work, and the payment of Rental shall not be affected thereby.

Owner’s Work. 10.1 All items of work required for the preparation of the site for construction of the Work or otherwise not included in the scope of Work as defined in the Plans and Specifications and Letter of Quotation shall be carried out by the Owner or the Owner’s subcontractor. This shall include but not be limited to such work as the excavation of the Pool site, provision of electrical supply to the filtration unit and any additional equipment and the provision of landscaping of the Pool once the Work is completed. 10.2 Any work undertaken by the Owner or the Owner’s subcontractor shall be carried out in accordance with the timetable provided to the Owner by the Contractor. Such work shall be carried out to a standard as set out in clause 1 above and strictly in accordance with any directions given by the Contractor. Occupation of the site whilst carrying out such Work by the Owner or the Owner’s Subcontractor shall be only temporary. 10.3 In the event that the Owner fails to undertake such work in accordance with the Contractor’s timetable or in accordance with the standard specified herein then the Contractor shall be entitled to rectify such failure, make good any defect, and charge the Owner any extra costs incurred as a result. 10.4 Such additional costs shall be paid by the Owner to the Contractor within five (5) working days of the Owner receiving the Contractor’s invoice for the progress payment. Failure by the Owner to pay the Contractor shall result in the Contractor invoking the terms of clause 5.2 above.

Owner’s Work. A. Subject to the Owner's Work set forth in Schedule "B" of the rider, Tenant accepts the Demised Premises in an "as is" condition. B. Owner has no knowledge of any environmental conditions at the Demised Premises that would constitute a violation of Federal, State, County or Town Statutes, or regulations. C. Owner shall be responsible for the maintenance of the roof at his own cost and expense, except that Tenant shall reimburse Owner for the cost of all repairs and/or replacements with respect to the roof to the extent necessitated by the negligence or intentional conduct of Tenant, its employees, agents, servants and invitees. Owner shall have the option to treat such claims for reimbursement as Additional Rent.

Owner’s Work. Owner at own cost and expense shall do the following work in a building standard manner: - Repaint entire premises; - Recarpet where desired by Tenant; The sum of $29,750.00 heretofore deposited by the Tenant with the Owner as security under the said Lease is to be retained by the Owner for the extended term herein provided, upon the same terms and conditions as in the said Lease expressed; It is further understood and agreed that if the existing Lease under the Tenant holds said premises shall for any cause be cancelled or terminated before its date of expiration, then this extension shall likewise, at the option of the Owner be void and of no effect;

Owner’s Work. Owner shall perform the following work in the Additional Space and place the Additional Space in so-called “broom clean condition” (referred to herein as “Owner’s Work”): demolish the presently existing interior Alterations in the Additional Space in accordance with the demolition plans (“Tenant’s Demolition Plans”), which have been received by Owner, but which are subject to Owner’s reasonable approval, and prepared in accordance with the provisions of the Lease and all Legal Requirements, and Owner shall also remove any asbestos from all portions of the Additional Space to be occupied by Tenant in accordance with Legal Requirements so as to be able to deliver to Tenant a Form ACP-5 with respect to the Additional Space upon Tenant’s submission to Owner of plans which are in compliance with all Legal Requirements and the provisions of this Lease. As part of Owner’s Work, Owner shall perform re-fire proofing where necessary after demolition (excluding planned removal of fire proofing by Tenant in Tenant’s Demolition Plans).

Owner’s Work. Owner agrees, at Owner’s cost and expense, to do the work set forth in the Workletter attached hereto.