Common use of Tenant Improvements Defined Clause in Contracts

Tenant Improvements Defined. As used herein, “Tenant Improvements” shall mean all improvements to the Project as shown on the TI Construction Drawings, as defined in Section 2(c) below, constructed pursuant to this Work Letter. The Tenant Improvements are further described on the construction budget attached hereto as Schedule 2. Other than Landlord’s Work (as defined in Section 3(a) below, Landlord shall not have any obligation whatsoever with respect to the finishing of the Premises for Tenant’s use and occupancy. Landlord and Tenant acknowledge and agree that Landlord will be performing the Tenant Improvements during Tenant’s occupancy of the Premises. Tenant shall permit access to the Premises at all reasonable times to allow Landlord to perform the Tenant Improvements. The completion of the Tenant Improvements may have a material adverse effect on Tenant’s use and quiet enjoyment of the Premises and the operation of Tenant’s business at the Premises, including, without limitation, the creation of dust, noise and vibrations, none of which shall constitute a constructive eviction of Tenant, an interruption of Tenant’s use and quiet enjoyment of the Premises or result in any offset or abatement of Rent whatsoever. Notwithstanding anything to the contrary set forth herein, Landlord shall have no liability to Tenant for any Claims resulting from, arising out of or related to the performance of the Tenant Improvements.

Appears in 3 contracts

Samples: Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.)

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Tenant Improvements Defined. As used herein, “Tenant Improvements” shall mean all reconfiguring Tenant’s laboratories and offices and other improvements to the Project of a fixed and permanent nature as shown on the TI Construction Drawings, as defined in Section 2(c) below, constructed pursuant to this Work Letter. The Tenant Improvements are further described on the construction budget attached hereto as Schedule 2. Other than Landlord’s Work (as defined in Section 3(a) below, Landlord shall not have any obligation whatsoever with respect to the finishing of the Premises for Tenant’s use and occupancy. Landlord and Tenant acknowledge and agree that Landlord will be performing the Tenant Improvements during Tenant’s occupancy of the Premises. Tenant shall permit access to the Premises at all reasonable times to allow Landlord to perform the Tenant Improvements. The completion of the Tenant Improvements may have a material adverse effect on Tenant’s use and quiet enjoyment of the Premises and the operation of Tenant’s business at the Premises, including, without limitation, the creation of dust, noise and vibrations, none of which shall constitute a constructive eviction of Tenant, an interruption of Tenant’s use and quiet enjoyment of the Premises or result in any offset or abatement of Rent whatsoever. Notwithstanding anything to the contrary set forth herein, Landlord shall have no [Alexandria Logo and Copyright] liability to Tenant for any Claims resulting from, arising out of or related to the performance of the Tenant Improvements.

Appears in 2 contracts

Samples: Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.)

Tenant Improvements Defined. As used herein, “Tenant Improvements” shall mean all improvements to the Project of a fixed and permanent nature as shown on the TI Construction Drawings, as defined in Section 2(c) below, constructed pursuant to this Work Letter. The Tenant Improvements are further described on the construction budget attached hereto as Schedule 2. Other than Landlord’s Work (as defined in Section 3(a) below, Landlord shall not have any obligation whatsoever with respect to the finishing of the Premises for Tenant’s use and occupancy. Landlord and Tenant acknowledge and agree that Landlord will be performing the Tenant Improvements during Tenant’s occupancy of the Premises. Tenant shall permit access to the Premises at all reasonable times to allow Landlord to perform the Tenant Improvements. The completion of the Tenant Improvements may have a material adverse effect on Tenant’s use and quiet enjoyment of the Premises and the operation of Tenant’s business at the Premises, including, without limitation, the creation of dust, noise and vibrations, none of which shall constitute a constructive eviction of Tenant, an interruption of Tenant’s use and quiet enjoyment of the Premises or result in any offset or abatement of Rent whatsoever. Notwithstanding anything to the contrary set forth hereinherein or in the Lease, if Landlord determines, in its reasonable discretion, that any portion of the Tenant Improvements do not constitute customary laboratory and office improvements that would be usable on an “as-is” basis by a third laboratory/office party tenant following the expiration or earlier termination of the Lease, Landlord shall have no liability may require, by delivery of written notice to Tenant for any Claims resulting fromon or before the date the TI Design Drawings are approved pursuant to Section 2(b) below, arising out of or related that Tenant remove such Tenant Improvements and restore the Premises to its condition prior to the performance construction of the Tenant Improvements, at Tenant’s sole cost and expense, no later than the expiration or earlier termination of the Term. Tenant shall not be required to remove or restore at the expiration or earlier termination of the Lease any portion of the Tenant Improvements that constitutes customary laboratory, research and development or office improvements that would be usable on an “as-is” basis by a third laboratory/office party tenant following the expiration or earlier termination of the Lease, as reasonably determined by Landlord.

Appears in 2 contracts

Samples: Lease Agreement (NantKwest, Inc.), Lease Agreement (Conkwest, Inc.)

Tenant Improvements Defined. As used herein, “Tenant Improvements” shall mean all improvements to the Project Premises desired by Tenant of a fixed and permanent nature as shown on the TI Construction Drawings, Constructions Drawings (as defined in Section 2(c) below) and which shall be required to satisfy the requirements set forth on Annex 2 attached hereto. As used in the Lease, constructed pursuant to this Work Letter“Tenant’s Work” shall mean the construction of the Tenant Improvements. The As used herein, the term “Landlord’s Work” shall mean completing the base Building described on Annex 1. Tenant shall be solely responsible for ensuring that the Building and the design and specifications for the Tenant Improvements are further described on consistent with Tenant’s requirements. Tenant shall be solely responsible for all costs incurred by Landlord to alter the construction budget attached hereto Building as Schedule 2a result of Tenant’s requested changes. Landlord shall have no obligation to, and shall not, secure any permits, approvals or entitlements related to Tenant’s specific use of the Premises or Tenant’s business operations therein. Other than the obligation to perform Landlord’s Work and funding the TI Allowance (as defined in Section 3(abelow) belowas provided herein, Landlord shall not have any obligation whatsoever with respect to the finishing of the Premises for Tenant’s use and occupancy. Landlord and Tenant acknowledge and agree that Landlord will be performing the Tenant Improvements during Tenant’s occupancy of the Premises. Tenant shall permit access to the Premises at all reasonable times to allow Landlord to perform the Tenant Improvements. The completion of the Tenant Improvements may have a material adverse effect on Tenant’s use and quiet enjoyment of the Premises and the operation of Tenant’s business at the Premises, including, without limitation, the creation of dust, noise and vibrations, none of which shall constitute a constructive eviction of Tenant, an interruption of Tenant’s use and quiet enjoyment of the Premises or result in any offset or abatement of Rent whatsoever. Notwithstanding anything to the contrary set forth herein, Landlord shall have no liability to Tenant for any Claims resulting from, arising out of or related to the performance of the Tenant Improvements.Work Letter 00000 X. Xxxxxx Pines/Ligand - Page 2

Appears in 1 contract

Samples: Lease Agreement (Ligand Pharmaceuticals Inc)

Tenant Improvements Defined. As used herein, “Tenant Improvements” shall mean all improvements to the Project as shown on Other than funding (i) the TI Construction Drawings, as defined in Section 2(c) below, constructed pursuant to this Work Letter. The Tenant Improvements are further described on the construction budget attached hereto as Schedule 2. Other than Landlord’s Work Allowance (as defined below) as to the Fixed Expansion Premises, (ii) the Lobby Allowance and Restroom Allowance (as referenced in Section 3(athe Lease) belowas to the 3rd Floor Premises, and (iii) except as otherwise expressly set forth herein or in the Lease, Landlord shall not have any obligation whatsoever with respect to the Tenant Improvements and the finishing of the Fixed Expansion Premises for Tenant’s use and occupancy. Landlord As used herein, “Tenant Improvements” shall mean all fixed improvements (excluding furniture and other personal property of Tenant) to the Fixed Expansion Premises desired by Tenant acknowledge and agree that Landlord will be performing shall include, subject to Landlord’s approval rights pursuant to this Work Letter, the Tenant Improvements during Tenant’s occupancy design, permitting and construction of the Premises. Tenant shall permit access balance of the improvements to the Premises at all reasonable times to allow Landlord to perform the Tenant Improvements. The completion of the Tenant Improvements may have a material adverse effect on Tenant’s use and quiet enjoyment of the Fixed Expansion Premises and all such improvements shall be of a quality consistent with tenant improvements to other Class A laboratory/office buildings in Seattle and the operation of Tenant’s business at the Premises, including, without limitation, the creation of dust, noise and vibrations, none of which shall constitute a constructive eviction of Tenant, an interruption of Tenant’s use and quiet enjoyment of the Premises or result in any offset or abatement of Rent whatsoeverBuilding Shell. Notwithstanding anything to the contrary set forth contained herein, Landlord Tenant acknowledges and agrees that the Tenant Improvements shall have no liability also be subject to Tenant obtaining the requisite approvals from the City of Seattle, and any applicable architectural review boards, planning commission, city council and building department. Tenant may elect to perform Tenant Improvements within the 3rd Floor Premises first, and then perform Tenant Improvements within the Suite 250 Premises in a second phase. In such event, the entire TI Allowance for the Fixed Expansion Premises shall be made available to Tenant for any Claims resulting fromthe 3rd Floor Premises phase of construction, arising out and the deliverables required of or related Tenant by this Work Letter, including without limitation those at Section 3(b)-(d) and 6(e), shall apply separately to the performance of 3rd Floor Premises Tenant Improvements and to the Suite 250 Premises Tenant Improvements.

Appears in 1 contract

Samples: Lease Agreement (Juno Therapeutics, Inc.)

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Tenant Improvements Defined. As used herein, "Tenant Improvements" shall mean all improvements to the Project Building desired by Tenant of a fixed and permanent nature, but excluding the Central Plant and the improvements described on Schedule B attached hereto ("Landlord's Improvements"). Landlord shall provide HVAC and electrical service to the Premises by means of a central HVAC and electrical distribution plant ("Central Plant"), the design of which shall be reasonably approved by Landlord and Tenant at or prior to the approval of the Preliminary Construction Drawings pursuant to Section 2.3 below; provided, however, that Tenant may disapprove any design of the Central Plant to the extent that Tenant's pro rata share of the capacity of such Central Plant and the temperature, humidity and air flow are not sufficient for Tenant's requirements as shown detailed on the TI Construction Design/Engineering Drawings, as defined in Section 2(c) below, constructed pursuant to this Work Letter. The costs of any such Central Plant shall be allocated to Tenant Improvements are further described on in accordance with Tenant's Share of the construction budget attached hereto as Schedule 2Building and shall be charged to the TI Allowance. Other than the Tenant Improvements, Landlord’s Work (as defined in Section 3(a) below's Improvements and the Central Plant, Landlord shall not have any obligation whatsoever with respect to the finishing of the Premises for Tenant’s 's use and occupancy. Landlord and The term "Tenant acknowledge and agree that Landlord will be performing Improvements" shall mean the Tenant Improvements during to be constructed prior to Tenant’s 's initial occupancy of the Premises. Tenant shall permit access to the Premises at all reasonable times to allow Landlord to perform the Tenant Improvements. The completion of the Tenant Improvements may have a material adverse effect on Tenant’s use and quiet enjoyment of the Premises and the operation of Tenant’s business at the Premises, including, without limitation, the creation of dust, noise and vibrations, none of which shall constitute a constructive eviction of Tenant, an interruption of Tenant’s use and quiet enjoyment of the Premises or result in any offset or abatement of Rent whatsoever. Notwithstanding anything to the contrary set forth herein, Landlord shall have no liability to Tenant for any Claims resulting from, arising out of or related to the performance of the Tenant ImprovementsBuilding.

Appears in 1 contract

Samples: Lease Agreement (Biogen Inc)

Tenant Improvements Defined. As used herein, “Tenant Improvements” shall mean all improvements to the Project Fifth Expansion Premises of a fixed and permanent nature as shown on the TI Construction Drawings, as defined in Section 2(c) below, constructed pursuant to this Work Letter. The which Tenant Improvements are further described on may, at Tenant’s election include, an internal communicating stairwell connecting the construction budget attached hereto Second Floor Premises and the Fifth Expansion Premises (the “Communication Stairwell”). If Tenant elects to include a Communicating Stairwell as Schedule 2part of the Tenant Improvements, Tenant shall (i) not be required to remove or restore the Communicating Stairwell to its original configuration at the expiration or earlier termination of the Term, or (ii) be required to pay the cost for the removal or restoration of the same at the expiration or earlier termination of the Term. Other than Landlord’s Work (as defined in Section 3(a) below), Landlord shall not have any obligation whatsoever with respect to the finishing of the Fifth Expansion Premises for Tenant’s use and occupancy. Notwithstanding anything to the contrary contained in the Lease, Landlord and Tenant acknowledge and agree that Landlord will be performing the Tenant Improvements during Tenant’s occupancy of in the Premises. Tenant shall permit access to the Premises at all reasonable times to allow Landlord to perform the Tenant Improvements. The completion of the Tenant Improvements may have a material adverse effect on Tenant’s use and quiet enjoyment of the Initial Fifth Expansion Premises and the operation of Tenant’s business at the Premises, including, without limitation, the creation of dust, noise and vibrations, none of which shall constitute a constructive eviction of Tenant, an interruption of Tenant’s use and quiet enjoyment of the Subsequent Fifth Expansion Premises or result may be constructed in any offset or abatement of Rent whatsoever. Notwithstanding anything to the contrary set forth herein, Landlord shall have no liability to Tenant for any Claims resulting from, arising out of or related to the performance of the Tenant Improvementsphases.

Appears in 1 contract

Samples: Lease (Sage Therapeutics, Inc.)

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