Common use of Preparation of Premises Clause in Contracts

Preparation of Premises. (a) Landlord shall Substantially Complete (as defined in Section 30) the work in the Premises required to be done by Landlord as specified in Exhibit B attached hereto ("Landlord's Work"). All Landlord's Work shall be performed in a good and workmanlike manner with new, first quality materials in compliance with all laws, codes and all regulations. Landlord will obtain a fifteen (15) year warranty on the roof naming the Landlord and Tenant on all related warranties. Landlord represents that the Premises will be in compliance with the ADA. If Landlord's Work is not performed as herein required, or if such work or the Premises in not in compliance with all laws, codes or other regulations, Landlord shall perform the necessary remedial work at its sole cost and expense. Landlord and Tenant agree that Xxxxx Construction Company shall be the general contractor (the "Contractor") and RVP Architecture shall be the architect (the "Architect") used by the parties for the purposes of performing Landlord's Work subject to change in the event of failure or inability to perform. Landlord shall exercise due diligence in pursuit of completing Landlord's Work. Landlord shall permit Tenant to have access to the Premises prior to the commencement of the Lease for purposes of inspecting Landlord's Work or with Contractor's consent, for performing work in the Premises. Landlord agrees to proceed with due diligence to complete any portion of Landlord's Work that shall not have been completed as of the date of Substantial Completion of the foregoing by not later than thirty (30) days after the date of Substantial Completion (excluding seasonal landscaping, which shall be completed promptly as soon as the season permits).

Preparation of Premises. (a) The condition of the Premises upon Landlord’s delivery along with any work to be performed by either Landlord or Tenant shall Substantially Complete (be as defined set forth in Section 30) the Work Agreement attached hereto as Exhibit B-1 and the scope of work attached hereto as Exhibit F, each made a part hereof. Landlord shall, at Landlord’s cost and expense, perform the work set forth in the Premises required to be done by Landlord as specified in Exhibit B scope of work attached hereto as Exhibit F ("“Landlord's ’s Work"”). All Landlord's ’s Work shall be performed in a good and workmanlike manner with new, first quality materials and in compliance with all laws, codes applicable Legal Requirements and all regulationsusing building standard materials of first and otherwise good quality. Except to the extent to which Tenant shall have given Landlord will obtain a fifteen notice of respects in which Landlord has not performed Landlord’s Work not later than the date upon which is sixty (1560) year warranty on the roof naming the Landlord and days after Tenant on all related warranties. Landlord represents that commences beneficial use of the Premises will be in compliance with for the ADA. If Landlord's Work is not performed as herein requiredPermitted Use, or if such work or the Premises in not in compliance with all laws, codes or other regulations, Landlord shall perform the necessary remedial work at its sole cost and expense. Landlord and Tenant agree that Xxxxx Construction Company shall be the general contractor (the "Contractor") and RVP Architecture shall be the architect (the "Architect") used by the parties for the purposes of performing Landlord's Work subject to change in the event of failure or inability to perform. Landlord shall exercise due diligence in pursuit of completing Landlord's Work. Landlord shall permit Tenant deemed conclusively to have access approved Landlord’s Work and shall have no claim that Landlord has failed to the Premises prior to the commencement perform any of the Lease for purposes of inspecting Landlord's Work or with Contractor's consent, for performing work in the Premises’s obligations. Landlord agrees to proceed correct or repair, at its expense items which are then incomplete and as to which, in either case, Tenant shall have given notice to Landlord, as aforesaid. Landlord shall provide Tenant with due diligence a list of requested Tenant’s program information for Tenant’s use of the Premises that is reasonably needed for Landlord to complete the design plans and specifications for Landlord’s Work, which list shall be reasonably detailed and include, without limitation, Tenant’s cooling, electrical and other utility capacity needs. By not later than ten (10) Business Days after the date that Landlord delivers such requested list of program information, Tenant shall deliver to Landlord such requested program information in sufficient detail to enable Landlord to complete the design plans and specifications for Landlord’s Work. If Landlord requests any portion additional information or clarifications from Tenant regarding Tenant’s programming or items of Tenant’s Work needed for the design or construction of Landlord's ’s Work, Tenant shall provide such information or respond to such inquiries, as reasonably requested, within three (3) Business Days after such written request. Tenant’s failure to timely provide the requested program information or respond to subsequent inquiries for additional information or clarifications shall constitute a Tenant Delay. Upon the completion of such design plans and specifications or Landlord’s Work that (the “Final Plans”), Landlord shall submit the Final Plans to Tenant for its review and approval, which approval shall not be unreasonably withheld, conditioned or delayed if the Final Plans conform to the specifications for Landlord’s Work set forth on Exhibit F. Tenant shall approve, or state its reason for disapproval, within five (5) Business Days after receipt thereof, or receipt of revisions to such Final Plans, if any. Such process shall be followed until the Final Plans shall have been completed approved by Tenant. The Final Plans as so approved by Tenant are herein referred to as the “Approved Plans.” In the event Tenant requests any change, alteration or addition in the scope of Landlord’s Work after the date of Substantial Completion this Lease (a “Tenant Change Order”), such change shall be subject to Landlord’s approval, which may be granted or denied in Landlord’s reasonable discretion. If a proposed Tenant Change Order is determined by Landlord in its reasonable discretion to likely increase the cost of the foregoing by Landlord’s Work, then Landlord shall notify Tenant of Landlord’s estimate of such increased cost and Tenant may elect, within two (2) Business Days after such notice from Landlord (time being of the essence), to withdraw the proposed Tenant Change Order, in which case Landlord will not later than be obligated to implement the proposed Tenant Change Order and the proposed Tenant Change Order shall be null and void and of no further force or effect. If Tenant does not so withdraw the proposed Tenant Change Order, Tenant shall pay to Landlord the amount of the increased cost of Landlord’s Work resulting from any Tenant Change Order within thirty (30) days of written demand therefor, which demand shall include copies or any applicable receipts, invoices, and bills substantiating the cost of such Tenant Change Order. Tenant acknowledges that Landlord’s Work will be performed and completed after the date of Premises are delivered by Landlord to Tenant and the Commencement Date has occurred. Landlord and Tenant shall (and shall direct their respective contractors to) in good faith coordinate such Landlord’s Work with Tenant’s Work to the extent possible. Landlord shall use good faith efforts to Substantially Complete Landlord’s Work no later than March 15, 2017 (the “Scheduled Substantial Completion Date”). Without limiting the foregoing, if Landlord has not Substantially Completed Landlord’s Work by the Scheduled Substantial Completion Date (excluding seasonal landscaping, which as such date shall be completed promptly extended for Tenant Delays and Force Majeure) for and with respect to each day from and after the Scheduled Substantial Completion Date and the date on which Landlord Substantially Completes Landlord’s Work, subject to this Section 4.1, as soon its sole and exclusive remedy on account thereof, the Rent Commencement Date shall be extended by one day. In addition, if Landlord has not Substantially Completed Landlord’s Work by May 1, 2017 (as such date shall be extended for Tenant Delays and Force Majeure, the season permits“Outside Substantial Completion Date”), for and with respect to each day from and after the Outside Substantial Completion Date until the date on which Landlord Substantially Completes Landlord’s Work, as its sole and exclusive remedy on account thereof (but together with the extension of the Rent Commencement date set forth above), Tenant shall receive a credit against the Fixed Rent next becoming payable under this Lease in an amount equal to the per diem Fixed Rent payable the Premises. Notwithstanding anything to the contrary contained herein, the Scheduled Substantial Completion Date and the Outside Substantial Completion Date shall be extended, and there shall be no delay in the Rent Commencement Date or credit against Fixed Rent for any delay by Landlord in the Substantial Completion of Landlord’s Work arising out of or resulting from any Tenant Delay and/or Force Majeure.

Preparation of Premises. (a) Landlord shall Substantially Complete (as defined in Section 30) shall, prior to August 1, 2002, substantially complete the work in the Premises required to be done by Landlord as specified in Exhibit B C attached hereto ("hereto. Landlord shall not be required to timely complete any of such work where Landlord's Work")’s failure to do so is caused by any delay, interference with or hindrance of such work by Tenant, Tenant’s contractor or any of their employees, servants or agents, by any changes in such work requested by Tenant and agreed to by Landlord, or by the failure of Tenant or Tenant’s contractor to timely and properly complete any of Tenant’s work in the Premises. All Landlord's Work Any such failure of Landlord shall not make this Lease void or voidable or alter or affect any of the terms hereof, and Tenant shall not be entitled to any abatement of rent therefrom except as provided in Section 48 below. Landlord warrants, represents and covenants to Tenant that the work to be performed pursuant to this Section 9 shall be performed in a good and workmanlike xxxxxxx like manner with newaccording to the plans and specifications referred to in Exhibit C, first quality and except to the extent otherwise provided in Exhibit C all materials used for the work set forth in compliance with all laws, codes and all regulations. Landlord will obtain a fifteen (15) year warranty on the roof naming the Landlord and Tenant on all related warranties. Landlord represents that the Premises Exhibit C will be new and of equal or better quality than used in compliance with the ADAremainder of the Premises. If Landlord's Work is not performed as herein required, or if Only to the extent that (i) Tenant assumes responsibility of repairing a particular defect and (ii) such work or defect pertains to the Premises in not in compliance with all laws, codes or other regulationsPremises, Landlord shall assign to Tenant the warranties, representations and other rights provided by any contractors, workmen, suppliers or others who perform services or provides goods for constructing such improvements to the necessary remedial work at its sole cost and expense. Landlord and extent of the sums expended by Tenant agree that Xxxxx Construction Company shall be the general contractor (the "Contractor") and RVP Architecture shall be the architect (the "Architect") used by the parties for the purposes of performing Landlord's Work subject to change in the event of failure or inability to performsuch repairs. Landlord shall exercise due diligence in pursuit of completing Landlord's Work. Landlord shall permit Tenant to have access be responsible for repairs to the Premises prior improvements set forth on Exhibit C that are necessitated by design or construction defects to the commencement of extent not covered by the Lease for purposes of inspecting Landlord's Work or with Contractor's consent, for performing work in the Premises. Landlord agrees to proceed with due diligence to complete any portion of Landlord's Work that shall not have been completed as of the date of Substantial Completion of the foregoing by not later than thirty (30) days after the date of Substantial Completion (excluding seasonal landscaping, which shall be completed promptly as soon as the season permits)contractor’s warranty.