Performance of Improvements. Subject to the terms and conditions of the Sublease, the Master Lease, and any Improvement Allowance provided herein, Subtenant shall complete, at its sole cost and expense, the work identified in the Subtenant Improvement Plans (as such term is defined below) adopted by Tenant and Subtenant in accordance with the provisions below (“Subtenant’s Work”). Subtenant’s Work shall be performed lien free and in a workmanlike manner, without interference with other work, if any, being done in the Subleased Premises, Master Premises, or Property, including any of Tenant’s Work, and in compliance with all laws and reasonable rules promulgated from time to time by ▇▇▇▇▇▇, its architect and contractors, Landlord or its property manager. The work to be done by Subtenant in satisfying its obligation to complete Subtenant’s Work under the Sublease shall be limited to the following (check one): As identified below (check and describe all that apply); FLOOR: WALLS: CEILING: LIGHTING: WASHROOM(S): ELECTRICAL: HVAC: OTHER: a. Within days (ten (10) days if not filled in) after mutual acceptance of the Sublease, Subtenant shall prepare and submit for Tenant’s review a preliminary sketch of the Subtenant Improvements (“Preliminary Subtenant Plan”). Tenant and Subtenant shall cooperate in good faith to adopt a mutually acceptable Preliminary Subtenant Plan. Subtenant acknowledges that the timelines set forth in this Section 2 with respect to ▇▇▇▇▇▇’s promulgation and approval of the Subtenant Improvement Plans (as such term is defined herein) may be subject to reasonable extensions to the extent additional time is necessary to obtain any consent of Landlord that may be required under the Master Lease. b. Upon approval of the Preliminary Subtenant Plan by Tenant, Subtenant shall promptly prepare construction documents (i.e., those plans used for submittal to the appropriate governmental bodies for all necessary permits and approvals for the Subtenant’s Work, if any) for Tenant’s review and approval. The construction documents, once approved, shall then constitute the “Subtenant Improvement Plans.” c. Upon approval by ▇▇▇▇▇▇, Subtenant shall submit the Subtenant Improvements Plans to the appropriate governmental body for plan checking and issuance of necessary permits and approvals. Subtenant, with ▇▇▇▇▇▇’s approval, shall cause to be made any changes in the Subtenant Improvements Plans necessary to obtain such permits and approvals. d. Tenant makes no warranty or representation of any type or nature with respect to the adequacy or sufficiency of the Subtenant Improvements Plans for any purpose. Tenant makes no warranty or representation of any type or nature with respect to the quality, suitability, or ability of contractor or the quality of the work or materials supplied or performed with respect to the Subtenant Improvements by contractor, the subcontractors, Subtenant’s agents, or any other person or entity.
Appears in 1 contract
Sources: Sublease Agreement
Performance of Improvements. Subject to the terms and conditions of the this Sublease, the Master Lease, and any Improvement Allowance provided herein, Tenant’s obligations to improve the Subleased Premises shall be limited to the work (“Tenant’s Work”) described below. All other work shall be performed by Subtenant shall complete, at its sole cost and expense, the work identified in the Subtenant Improvement Plans (as such term is defined below) adopted by Tenant and Subtenant in accordance with the provisions below (“Subtenant’s Work”). Subtenant’s Work shall be performed lien free and in a workmanlike manner, without interference with other workexpense or, if any, being done in the Subleased Premises, Master Premises, or Property, including any of Tenant’s Work, and in compliance with all laws and reasonable rules promulgated from time to time performed by ▇▇▇▇▇▇, its architect shall be promptly reimbursed by Subtenant. Tenant’s Work shall be deemed to be “substantially complete” on the date that Tenant notifies Subtenant that ▇▇▇▇▇▇’s Work is complete, except for punch list items that do not impair the use or operations thereof, would not prevent Subtenant from occupancy and/or performing Subtenant’s Work, and contractorsexcept for that portion of Tenant’s Work, Landlord if any, which cannot be feasibly performed before Subtenant completes Subtenant’s Work, fixturing, or its property managerdecorating. The work to be done by Subtenant ▇▇▇▇▇▇ in satisfying its obligation to complete SubtenantTenant’s Work under the Sublease shall be limited to the following (check one): As identified below (check and describe all that apply); FLOOR: WALLS: CEILING: LIGHTING: WASHROOM(S): ELECTRICAL: HVAC: OTHER:
a. Within days (ten (10) days if not filled in) after mutual acceptance of the Sublease, Subtenant shall prepare and submit for Tenant’s review a preliminary sketch of the Subtenant Improvements improvements to be performed by Tenant (“Preliminary Subtenant Tenant Plan”). Tenant and Subtenant shall cooperate in good faith to adopt a mutually acceptable Preliminary Subtenant Tenant Plan. Subtenant acknowledges that the timelines set forth in this Section 2 1 with respect to ▇▇▇▇▇▇’s promulgation and approval of the Subtenant Tenant Improvement Plans (as such term is defined herein) may be subject to reasonable extensions to the extent additional time is necessary to obtain any consent of Landlord that may be required under the Master Lease.
b. Upon ▇▇▇▇▇▇’s approval of the Preliminary Subtenant Plan by TenantTenant Plan, Subtenant Tenant shall promptly prepare (or cause to be prepared) construction documents (i.e., those plans used for submittal to the appropriate governmental bodies for all necessary permits and approvals for the SubtenantTenant’s Work, if any) for TenantSubtenant’s review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. The construction documents, once approved, shall then constitute the “Subtenant Tenant’s Improvement Plans.”
c. Upon approval by ▇▇▇▇▇▇, Subtenant Tenant shall submit the Subtenant Improvements Tenant’s Improvement Plans to the appropriate governmental body for plan checking and issuance of necessary permits and approvals, as applicable. Subtenant, with ▇▇▇▇▇▇’s approval, Tenant and Subtenant shall cooperate and use commercially reasonable efforts to cause to be made any changes in the Subtenant Improvements Tenant’s Improvement Plans necessary to obtain such permits and approvals.
d. Tenant makes no warranty or representation of ; provided, however, any type or nature with respect costs and expenses resulting from the foregoing changes to Tenant’s Work that exceed the adequacy or sufficiency of the Subtenant Improvements Plans for any purpose. Tenant makes no warranty or representation of any type or nature with respect to the quality, suitability, or ability of contractor or the quality of the work or materials supplied or performed with respect to the Subtenant Improvements by contractor, the subcontractors, Improvement Allowance shall be borne at Subtenant’s agents, or any other person or entitysole cost and expense.
Appears in 1 contract
Sources: Sublease Agreement