Tenant Improvements. 4.01. Tenant shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord. 4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following: (a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion. (b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building; (c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. (d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises. (e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate. (f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Sources: Lease Agreement (UroGen Pharma Ltd.)
Tenant Improvements. 4.01. Except as specifically set forth herein or in the Tenant shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for Work Letter attached to this Third Amendment as Exhibit B (the account of “Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“AlterationsWork Letter”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent Landlord shall not be required obligated to provide or pay for any Alterations comply improvement work or services related to the improvement of the Third Expansion Premises, and Tenant shall accept the Third Expansion Premises in its presently existing, "as-is" condition, provided that Landlord shall deliver the Third Expansion Premises to Tenant fully decommissioned in good, vacant, broom clean condition, and otherwise in the same condition as of the date of this Third Amendment, in compliance with all three Applicable Laws (to the extent necessary to maintain a certificate of occupancy or its legal equivalent for the Third Expansion Premises), with the roof water-tight and shall cause the HVAC systems, plumbing, electrical systems, fire sprinkler system, lighting, emergency generators, and all other Building systems serving the Third Expansion Premises to be in good operating condition and repair and in compliance with Applicable Laws (to the extent necessary to obtain or maintain a certificate of occupancy, or its legal equivalent, for the Third Expansion Premises) as of the following criteria: Third Expansion Commencement Date. Additionally, Tenant acknowledges that it shall continue to accept the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, Existing Premises in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00)its presently existing "as-is" condition, and (iii) do Landlord shall not require a building permit. be obligated to provide or pay for any improvement work related to the improvement of the Existing Premises, provided that, the foregoing shall not relieve Landlord agrees not to unreasonably withholdof any of its maintenance, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by replacement obligations under the Lease, if any. Tenant also acknowledges that, except as expressly set forth herein, neither Landlord nor any agent of Landlord has made any representation or on behalf warranty regarding the condition of Tenant must notthe Existing Premises, individually the Third Expansion Premises, or in the aggregate, lessen the value of the Building or Property or adversely affect with respect to the usefulness suitability of any of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord foregoing for the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All conduct of Tenant’s contractors, whether retained under this section or as contemplated elsewhere business in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at Existing Premises or the Third Expansion Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Sources: Lease (Nkarta, Inc.)
Tenant Improvements. 4.01. Landlord shall provide Tenant shall perform all constructionwith a maximum Tenant Improvement Allowance in the amount of Twenty Eight Dollars ($28) per rentable square foot of Premises, improvementsto be applied by Landlord towards the cost of the design, additionspurchase and construction of the Tenant Improvements, modificationsincluding without limitation, decorations design, engineering and alterations that may be proposed or undertaken by or for consulting fees (collectively, the account of "Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”Improvement Costs"). All Alterations The Tenant Improvement Allowance shall be in conformity with the standards of quality of construction, tenant occupancy used by Landlord for payment of the Building following Tenant Improvement Costs:
(i) Review by Landlord's Architect of the Preliminary Plans and the overall aesthetic Working Drawings as provided in Section 2 of this Work Letter; - Prior to Landlord's selecting the Building as determined Contractor, and without limiting Landlord's right in its sole discretion to select the Contractor. Landlord shall review with Tenant the various contractor bids received by Landlord.
4.02. All maintenance and repair(i) Tenant shall be liable for, and shall (within ten (10) days after written demand therefor) reimburse Landlord for any Alterationsamounts actually paid by Landlord as, the Early Completion Bonus; and (ii) the amount of any Late Completion Penalty actually realized by Landlord under the terms of the Construction Contract shall accrue to the benefit of Tenant, with regard to the first $10,000 of such Late Completion Penalty, and to the benefit of both Landlord and Tenant on a 50/50 basis, to the extent that such Late Completion Penalty exceeds $10,000, with Landlord to pay to Tenant that portion of the Late Completion Penalty to which Tenant is entitled within tan (10) days after the amount of same is known.
(ii) Including, without limitation, all fees charged by the City or the County (including, without limitation, fees for building permits and plan checks)in connection with the Tenant Improvement work in the Premises;
(iii) Construction work for completion of the Tenant Improvements as reflected in the Construction Contract;
(iv) All contractors' charges, general conditions, performance bond premiums and construction fees; and
(v) Design and engineering services performed by, by Reng▇▇ & ▇ompany on behalf of or for the account of Tenant, not to exceed a total of $1.50 per rentable square foot of the Premises. Tenant shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required responsible for any Alterations comply with all three charges or fees from Reng▇▇ & ▇ompany in excess of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretionthis limit.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Sources: Lease (Broadcom Corp)
Tenant Improvements. 4.01. GENERAL CRITERIA ---------------------------------------
2.1 Tenant shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for the account of Tenant to prepare, equip, decorate and furnish the Premises for construct Tenant's initial and/or continued use improvements to the Premises ("Tenant Improvements") as provided herein. In the event of a conflict between the lease and 4846-0294-9028.v11 occupancy (“Alterations”)the more specific provisions of this Appendix D, this Appendix D shall control.
2.2 Tenant or Tenant's project manager shall perform Tenant Improvements in accordance with all laws including, without limitation, the building codes of the jurisdiction in which the Building is located and all requirements of the Americans with Disabilities Act.
2.3 Tenant shall prepare its plans and specifications for Tenant Improvements in accordance with this Appendix and Landlord's tenant improvement manual, "505 Union Station -- Tenant Improvement Manual" hereinafter the "Tenant Improvement Manual", as in effect as of the date of this Lease. All Alterations The Tenant Improvement Manual contains specific criteria for the design and performance of the Tenant Improvements, including the mechanical and electrical Tenant Improvements. The Tenant Improvement Manual contains "Standard Project Details" as issued from time to time with which Tenant shall comply.
2.4 Tenant Improvements shall be subject to the advance written approval by Landlord as and to the extent required in conformity with the standards of quality of construction, tenant occupancy this Appendix D. Landlord acknowledges review and preliminary approval of the Building and Schematic Plans attached as Appendix D-1. Due to the overall aesthetic general nature of the Schematic Plans, Landlord cannot represent that the Building structure or Building systems are adequate to accommodate Tenant's requirements. Landlord may require Tenant to remove the following portions of the Tenant Improvements reflected in the Schematic Plans at expiration or earlier termination of this Lease and to restore any damage resulting from such removal, all at Tenant's expense: all cabling and telephone equipment; local area network ("LAN") and laboratory spaces and equipment (not including normal demising walls); any commercial quality kitchen(s); and all non-building standard office doorways and doors (except the sliding door shown on the Schematic Plans as determined by "Door/Relite, Option B"), which shall be removed and replaced with building- standard doorways and doors, unless Landlord, upon its review and approval of the Drawings (defined below) advises Tenant that any or all Tenant's contemplated doorways and doors shall not be so removed or replaced. Further, as a condition to its approval of the Final Drawings (defined below), if the Final Drawings materially differ from the Schematic Plans, Landlord may require Tenant to remove additional portions of such Tenant Improvements at expiration or earlier termination of this Lease and to restore any damage resulting from such removal, all at Tenant's expense, if Landlord expressly so notes at the time it approves the Final Drawings.
4.02. All maintenance 2.5 Tenant shall, prior to commencement of Tenant Improvements, obtain all required building and repair, other permits at Tenant's expense and any Alterations, performed by, on behalf of or post said permits at the Premises as required.
2.6 Tenant shall use only new materials for the account of TenantTenant Improvements, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consentincluding improvements, equipment, trade fixtures and all other fixtures. Notwithstanding the foregoing, Tenant may reuse portions of existing improvements subject to Landlord’s consent 's prior written approval, provided that said approval shall not in no manner relieve Tenant from the requirement that all Tenant Improvements comply with this Lease, the Tenant Improvement Manual and all laws. Reuse of existing improvements shall be required clearly indicated on Tenant's Drawings (as defined below). Landlord makes no warranty or representation as to the condition or suitability of existing improvements reused by Tenant.
2.7 Tenant shall make no marks or penetrations into the roof, upper floor decks, exterior walls, or floors, unless approved by Landlord in advance.
2.8 If any Tenant Improvements being performed by Tenant to connect to Landlord's utilities requires access through the Premises of any other tenant or otherwise will affect any other tenant and Landlord has approved such Tenant Improvements, Tenant shall be responsible for coordinating such Tenant Improvements with the work being performed by such other tenant, including restoring said tenant's premises to its original condition following the Tenant Improvements, and compensating said other tenant for any Alterations comply with all three costs incurred by it on account of such Tenant Improvements.
2.9 If any Tenant Improvements necessitates any special work, such as, but not limited to, structural modification, increasing the following criteria: the Alterations (i) are not Major Work (as hereinafter defined)size of electric conduit or telephone service, (ii) do not costLandlord, in the aggregateat Landlord's election, more than Twenty Five Thousand Dollars ($25,000.00)may perform such work, and Tenant shall reimburse Landlord the cost thereof plus fifteen percent (iii15%) do not thereof for administration, or require a building permitTenant perform the work at Tenant's cost. If Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or does any Tenant Improvements on behalf of Tenant, Tenant must not, individually or in the aggregate, lessen the value shall pay twenty-five percent (25%) of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total anticipated cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance commencement of any work the Tenant Improvements and the balance upon completion thereof. Notwithstanding anything to the contrary contained in the Lease or this Appendix D, Tenant is responsible for Tenant's telephone service.
2.10 Tenant shall retain Landlord's identification signs or, at Tenant's cost, provide new signs, using Landlord's standards, for Landlord's utilities, valves, and other such devices in the Premises.
(e) 2.11 Landlord may at its election require any aspect of Tenant shallImprovements to be tested consistent with normal construction practices, within twenty (20) days after completion of and Tenant shall cooperate with any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregatesuch testing procedure.
(f) 2.12 No approval from Landlord with respect to any aspect of Tenant Improvements shall performbe valid unless in writing.
2.13 Tenant, or cause to be performedTenant's project manager, all Alterationsor, repair at Tenant's election, the Landlord, shall at Tenant's expense manage the tenant improvement design and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner construction process in accordance with plans approved the process set forth herein and in the Tenant Improvement Manual. If Tenant elects to have Landlord or Landlord's employees or agents provide such management services, Landlord shall be paid a management fee in the amount of three percent (3%) of labor, materials and all other hard and soft costs of the Tenant Improvements which shall be charged against the Allowance. In addition, and regardless of whether Landlord, Tenant, or a third party, manages the design and construction process, Landlord's time and expenses in connection with review and approval of Tenant Improvements shall be reimbursed to Landlord by Tenant in the amount of $100.00 per hour. Furthermore, if Landlord or its employees or contractors performs any Work, Landlord may charge a supervisory fee not to exceed fifteen percent (15%) of labor, material, and all other costs of the Work actually performed by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental its employees or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable lawscontractors.
Appears in 1 contract
Sources: Lease (Watchguard Technologies Inc)
Tenant Improvements. 4.01. With respect to Tenant shall Improvements, the parties agree as follows:
(i) Landlord and Tenant acknowledge and agree that Tenant is hereby authorized to (1) perform all construction, improvements, additions, modifications, decorations the work with regard to the shell and alterations that may be proposed or undertaken by or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy core of the Building and more particularly described in Exhibit C-1 hereto (the overall aesthetic of the "Base Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00------------- Improvements"), and (iii2) do not require a building permitconstruct and install at the Premises those improvements ------------ (hereinafter the "Tenant Improvements") described in Exhibit C-2 hereto. Landlord agrees not to unreasonably withholdTenant ------------------- shall, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in at its sole expense (but subject to reimbursement from the Base Building Allowance, the Architectural Allowance and absolute discretionthe Tenant Improvement Allowance described below), construct the Base Building Improvements and Tenant Improvements in accordance with Section 4.B.(iii).
(bii) Any Alterations or repair or maintenance performed by or on behalf of Tenant must notagrees that it will apply for, individually or (and Landlord will join in the aggregateany applications, lessen the value if necessary) for any required building permits, and upon issuance promptly and diligently pursue construction of the Base Building Improvements and Tenant Improvements.
(iii) Prior to commencement of either the Base Building Improvements or Property Tenant Improvements, Tenant shall submit to Landlord detailed plans and specifications therefor. Landlord shall not unreasonably withhold or delay its approval of such plans and specifications, but may withheld its approval if any such improvements will adversely affect the usefulness Building's structure or its mechanical, heating, ventilating, air conditioning, electrical, or other systems. Landlord shall approve or disapprove such plans and specifications within ten (10) business days after receipt thereof from Tenant; if Landlord does not respond within such ten (10) business day period it shall be deemed to have approved the plans and specifications in question. After approval of any such plans and specifications, Tenant shall construct the Base Building or Property as a first-class office building;
(c) Improvements and Tenant Improvements in strict compliance therewith, and shall not make any material alteration from such approved plans and specifications unless Landlord has approved such alteration. All Major Work work performed by Tenant shall be performed only by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver licensed contractors and subcontractors reasonably satisfactory to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers such contractors and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, subcontractors shall carry procure and maintain insurance against such risks, in such minimum amounts amounts, and types of coverage with such companies as Landlord may reasonably require, naming require for the scope of the specific contractor's work. Certificates of such insurance must be received by Landlord and Landlord’s agents as additional insuredsbefore any such work is commenced. Tenant’s contractors All such work shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, performed in a good and workmanlike manner free from all defects, shall be in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply compliance with all applicable lawslaws and legal requirements, and shall be pursued diligently to completion.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Tenant Improvements. 4.01The amounts in the Escrow Account allocated for tenant improvements and miscellaneous leasing costs (as set forth in clause (iv) of Section 2.2 hereof), shall be disbursed by Escrow Holder to pay the costs thereof to contractors and vendors providing labor or material, or in the event Seller has paid such costs itself, to reimburse Seller provided Seller submits to Buyer and Escrow Holder reasonable evidence of Seller's payment of such amounts, after the following conditions have been satisfied:
3.2.1.1 The portion of the tenant improvements for which disbursement is requested must have been constructed substantially in conformance with the plans and specifications therefor approved by Buyer, which approval shall not be unreasonably withheld.
3.2.1.2 Interim disbursements for tenant improvements will be in the amount of ninety percent (90%) of labor and one hundred percent (100%) of materials furnished to be computed at the maximum following rates: (i) the applicable rates set forth on Exhibit "B-1" for Vacant Leased Space, and (ii) the amounts set forth on Schedule 1 to Exhibit "B" for Unleased Space, in each case less miscellaneous leasing costs theretofore disbursed from the Escrow Account with respect to the Approved Lease for which disbursement is sought. Tenant The tenant improvement allowances shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or used for the account hard and soft costs of constructing tenant improvements and related costs, including without limitation design fees, cost of plans and specifications, permit fees and construction costs, as well as miscellaneous leasing costs, including without limitation attorneys' fees, but shall exclude leasing commissions, broker's or finder's fees. Interim disbursements for tenant improvements will be made not more often than one (1) time per month. Notwithstanding anything to the contrary set forth herein, if the Tenant under an Approved Lease is doing all or any part of the leasehold improvements in its respective premises and the Approved Lease provides that the landlord is to provide a tenant improvement allowance to such Tenant, the amount of tenant improvement allowance deposited hereunder shall be disbursed in accordance with the terms of the Approved Lease and to the extent Seller has paid such tenant improvement allowance, such amount shall be payable to Seller provided that Seller provides Buyer and Escrow Holder with reasonable evidence of Seller's payment of such tenant improvement allowance. Each request for disbursement shall be on an Application and Certification for Payment of Tenant Improvements, containing a certification by Seller that all tenant improvement work for which payment is requested has been satisfactorily completed and upon payment of the amounts set forth in the application will be paid in full and shall be accompanied by lien waivers executed by all the parties who performed work or supplied materials and who are to prepare, equip, decorate be paid by such disbursement. Such Application and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations Certification shall be in conformity with the standards of quality of constructionform attached hereto as Exhibit "D" and shall also be approved by Buyer (as evidenced by Buyer signing thereon before the disbursement is made), tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent which approval shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned withheld or delayed.
(d) 3.2.1.3 As a condition to disbursement of any interim amounts for tenant improvements, the Title Insurer shall issue an endorsement to Buyer's title insurance policy insuring that there are no unbonded mechanics' or materialmen's liens relating to the work for which the disbursement is sought.
3.2.1.4 The final disbursement for tenant improvements for each Tenant shallshall be the balance of the amount held back for the respective tenant space as set forth on Exhibits "B" and "B-1" hereto, in advance, deliver subject to Seller delivering to Buyer an estoppel certificate from the Tenant confirming that all Landlord work required by the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, Approved Lease has been completed and a breakdown final, unconditional certificate of occupancy (or its equivalent, such as a "final" Inspection Record issued by the City of Lakewood) for each space that is the subject of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers disbursement and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at signed by the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any general contractor and all approvals, permits, licenses subcontractors performing work or consents required by providing materials for improvements for such tenant improvements. Seller shall not be responsible for any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable lawstenant improvement costs for Approved Leases executed during the Subsequent Leasing Period in excess of amounts deposited hereunder.
Appears in 1 contract
Sources: Escrow and Leasing Agreement (Inland Western Retail Real Estate Trust Inc)
Tenant Improvements. 4.01. Tenant shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for the account of Tenant Landlord agrees to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be make certain improvements in conformity accordance with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building Tenant Work Letter attached as determined by Landlord.
4.02Exhibit C-1 attached hereto. All maintenance and repairExcept as set forth in Exhibit C-1, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, specifically provided in the aggregate, more than Twenty Five Thousand Dollars Tenant Work Letter ($25,000.00which is hereby incorporated into this Amendment), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property except as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere otherwise expressly set forth in the Lease, Tenant shall carry lease the Expansion Premises on an “As Is”, “Where Is” basis with all faults, without warranty of any kind, express or implied, including. without limitation, any warranty as to physical condition and maintain insurance Landlord shall have no obligation to improve, remodel, alter or otherwise modify the Expansion Premises prior to Tenant’s occupancy. Except as expressly set forth in such minimum amounts the Lease and types this Amendment, no representations, inducements, understanding or anything of coverage as any nature whatsoever, made, stated or represented by Landlord may reasonably require, naming Landlord and or anyone acting for or on Landlord’s agents as additional insureds. behalf either orally or in writing, have induced Tenant to enter into this Amendment, and Tenant acknowledges, represents and warrants that Tenant has entered into this Amendment under and by virtue of Tenant’s contractors shall deliver current certificates own independent investigation. If the Expansion Premises are not in all respects entirely suitable for the use or uses to which the Expansion Premises or any part thereof will be put, then it is the sole responsibility and obligation of insurance Tenant to Landlord prior take such action as may be necessary to performance of any work at place the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers Expansion Premises in a form reasonably acceptable to Landlord and condition entirely suitable for recording purposessuch use or uses. Landlord represents to Tenant that, from each contractorto the best of Landlord’s knowledge, subcontractor(i) the Expansion Premises is free of asbestos and other hazardous or toxic materials in violation of applicable laws and ordinances and toxic mold and (ii) the air quality of the Expansion Premises meet or exceed current legal requirements and/or professional standards. TENANT IS NOT RELYING ON ANY EXPRESS OR IMPLIED, material supplier and laborer that perform AlterationsORAL OR WRITTEN REPRESENTATIONS OR WARRANTIES MADE BY LANDLORD, repairs OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AMENDMENT AND THE LEASE AND TENANT HAS HAD THE OPPORTUNITY TO INSPECT THE EXPANSION PREMISES. Notwithstanding anything to the contrary herein or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) work letter, the Expansion Premises shall be delivered “as is” , including walls as they exist and utilities as currently delivered to the Expansion Premises. Tenant shall performbe responsible for all costs for reconfiguration of the Expansion Premises, including any demising or cause re-working of utilities subject to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable lawsfunding through the Construction Allowance.
Appears in 1 contract
Sources: Office Lease (Fleetmatics Group PLC)
Tenant Improvements. 4.01. Landlord shall cause to be performed the other improvements (the "Tenant Improvements") in the Leased Premises in accordance with construction drawings, plans and specifications approved by Tenant and Landlord (the "Plans"), which approvals shall perform all constructionnot be unreasonably withheld or delayed, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for the account of provided such Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall Improvements comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for building standard specifications adopted by Landlord or any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans modifications thereof approved by Landlord and Tenant in accordance with writing. The current version of the building standard specifications are attached hereto as Exhibit "C-2", but the same are subject to change by Landlord at any time, provided, however, that if Landlord changes the same after the Tenant Improvements are commenced or Tenant has otherwise expended funds therefor, Landlord will reimburse Tenant for all laws, codes, statues, requirements reasonable costs incurred to redesign or other directive of any governmental replace work or quasi-governmental authority and any and all approvals, permits, licenses or consents materials to the extent required by any ordinanceLandlord's changes in building standard specifications. The Tenant Improvements shall be performed at the Tenant's cost, law to be paid in draws as required by the construction contract from (a) funds set aside in a construction escrow at First American Title prior to Landlord's execution of the construction contract for the Tenant Improvements pursuant to escrow documents reasonably approved by the parties and Landlord's lender, with interest on the escrowed funds to accrue to Tenant's benefit, or public regulations or (b) set aside of funds to be borrowed by any authority having jurisdictionTenant, pursuant to a set aside letter and other documents reasonably approved by the parties and Landlord's lender, executed prior to Landlord's execution of the construction contract for the Tenant Improvements. Tenant's obligation is limited to the costs of the contract and bids approved by Tenant through the process described below, and Change Orders approved by Tenant, including the pricing thereof. Tenant warrants shall cause the Plans to be prepared, at Tenant's cost, by Krau▇▇ ▇▇▇▇▇▇, ▇▇ another architect designated by Landlord and reasonably approved by Tenant, consistent with the space plan to be prepared and approved by the parties consistent with a schedule to be agreed upon by the parties within two (2) weeks of Lease execution. Prior to close-of-business on that date which is eight (8) weeks after receipt from Landlord of all Alterationsinformation reasonably necessary to allow Tenant's architect to prepare the Plans, when completedTenant shall furnish the initial complete draft of the Plans to Landlord for Landlord's review and approval. Landlord shall within two (2) weeks after receipt either provide comments to such Plans or approve the same. Landlord shall be deemed to have approved such Plans if it does not timely provide comments on such Plans. If Landlord provides Tenant with comments to the initial draft of the Plans, will comply with all applicable laws.Tenant shall provide revised Plans to Landlord incorporating Landlord's comments within two (2) weeks after receipt of Landlord's comments and agreement by Tenant to such changes. If Tenant does not accept
Appears in 1 contract
Sources: Office Lease Agreement (Integrated Information Systems Inc)
Tenant Improvements. 4.01Landlord shall construct and, except as provided below to the contrary, pay for the entire cost of constructing the tenant improvements (“Tenant Improvements”) to the Premises and certain improvements to the Building described by the plans and specifications identified in Schedule “1” attached hereto (the “Plans”); provided, however, any items specified as “Tenant Alternates” on the Plans selected by Tenant shall not be included as part of the Tenant Improvements constructed by Landlord at Landlord’s cost, and shall instead be included as part of the Tenant Improvements, but paid for by Tenant at Tenant’s sole cost and expense. Tenant may request changes to the Plans provided that (a) the changes shall perform all constructionnot be of a lesser quality than Landlord’s standard specifications for tenant improvements for the Building attached hereto as Schedule “2”, improvements, additions, modifications, decorations and alterations that as the same may be proposed changed from time to time by Landlord (the “Standards”); (b) the changes conform to applicable governmental regulations and necessary governmental permits and approvals can be secured; (c) the changes do not require building service beyond the levels normally provided to other tenants in the Building; (d) the changes do not have any adverse affect on the structural integrity or undertaken by or systems of the Building; (e) the changes will not, in Landlord’s opinion, unreasonably delay construction of the Tenant Improvements; and (f) Landlord has determined in its sole discretion that the changes are of a nature and quality consistent with the overall objectives of Landlord for the account Building. The Standards attached hereto as Schedule “2” shall serve only as a reference for Building standard finishes and conditions not previously addressed in the Plans attached hereto as Schedule “1”, and in the event of a conflict between Schedule “1” and Schedule “2”, the provisions of Schedule “2” shall prevail. If Landlord approves a change requested by Tenant, then, as a condition to the effectiveness of Landlord’s approval, Tenant shall pay to prepareLandlord upon demand by Landlord the increased cost attributable to such change, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as reasonably determined by Landlord. To the extent any such change results in a delay of completion of construction of the Tenant Improvements, then such delay shall constitute a delay caused by Tenant as described below. In addition, Landlord shall, at Landlord’s sole cost and expense (subject to inclusion in Operating Expenses to the extent permitted in Paragraph 3(c)) make the improvements and/or deliver the Premises and the Building to Tenant in the condition described below in Subparagraphs (a) through (c).
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord shall deliver the Premises to Tenant with the existing base-Building HVAC systems and water source heat pumps, base building electrical and fire sprinkler serving and within the Premises (collectively, the “Operating Systems”) in good operating condition. If, within the first six (6) months after delivery of the Premises to Tenant, it is determined by Landlord that any of the Operating Systems do not have a remaining useful life of at least the Initial Term, then, promptly after receipt of written notice from Tenant as to any malfunction of any component of the Operating Systems, as Landlord’s prior written consent. Notwithstanding sole obligation, Landlord shall repair (or if it is determined that repair is not possible, then Landlord shall replace) the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three malfunctioning component of the following criteria: Operating System; provided, however, Landlord shall have no liability hereunder for repairs or replacements necessitated by the Alterations (i) are not Major Work (as hereinafter defined)acts or omissions of Tenant or any of its agents, (ii) do not costcontractors, in the aggregateemployees, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition business invitees or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretionlicensees.
(b) Any Alterations or repair or maintenance performed by or Landlord shall remodel the existing restrooms on behalf of Tenant must not, individually or in the aggregate, lessen the value twelfth (12th) and thirteenth (13th) floors of the Building or Property or adversely affect comprising the usefulness Premises to current Building standards, including the addition of the Building or Property as a first-class office building;fixtures such that each women’s restroom has three (3) toilets and each men’s restroom has two (2) toilets and two (2) urinals.
(c) All Major Work Landlord shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord upgrade the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown cosmetic condition of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere showers in the Leaseparking structure serving the Building, consistent with Building standards. Subject to Force Majeure Delays (as described in Section 5 below) and Tenant Delays (as described in Section 4 below), Landlord shall carry and maintain insurance in substantially complete such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
shower upgrade no later than ninety (e) Tenant shall, within twenty (2090) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregateCommencement Date.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Tenant Improvements. 4.01Landlord shall have no obligation to perform tenant improvement work with respect to the Premises, provided however that Landlord shall be required to perform Landlord’s Work described in Section 6.A above. All initial tenant improvements which Tenant desires to install in the Building (the “Tenant Improvements”) shall perform all constructionbe constructed by Tenant in accordance with plans and specification approved by Landlord and the requirements of this Section 6.B and Article 7 below, improvements, additions, modifications, decorations at Tenant’s sole cost (except as provided in Section 6.C below). The process for approval and alterations that may be proposed or undertaken by or disapproval of Tenant’s plans and specifications for the account Tenant Improvements is described in Section 7.A below. Any supplemental HVAC system installed as part of the Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations Improvements shall be in conformity with locations and installed in a manner reasonably acceptable to Landlord. In addition, subject to approval of all governmental authorities and to Landlord’s reasonable approval as to design and location, Tenant would have the standards of quality of construction, tenant occupancy right to install satellite dish(es) and antennas on the roof of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repairBuilding, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations provided that (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work such installation shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, licensed contractor in a good and workmanlike manner, and in a manner that does not invalidate any roof related warranties, and (ii) such dishes and antennas shall be screened in accordance with plans approved a manner reasonably acceptable to Landlord. The Tenant Improvements shall not be removed or altered by Tenant except as provided in Section 6.D and Article 7 below. Tenant shall have the right to depreciate and claim and collect any investment tax credits for the Tenant Improvements and Work Allowance Improvements during the Lease Term to the extent paid for by sources other than the Work Allowance. Tenant shall not have the right to depreciate or claim or collect any investment tax credits for the Tenant Improvements or Work Allowance Improvements during the Lease Term to the extent paid for by the Work Allowance. Upon expiration of the Lease Term or any earlier termination of the Lease, the Tenant Improvements shall become the property of Landlord and shall remain upon and be surrendered with the Premises, and title thereto shall automatically vest in accordance with all lawsLandlord without any payment therefore, codes, statues, requirements or except to the extent Tenant is required to remove them pursuant to other directive provisions of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdictionthis Lease. Tenant warrants that shall pay all Alterationscosts associated with the Tenant Improvements, when completed, will comply with all applicable lawssubject to Section 6.C below.
Appears in 1 contract
Sources: Lease Agreement (Cavium, Inc.)
Tenant Improvements. 4.01. As set forth herein during Landlord’s completion of the Premises and thereafter as required herein, Tenant shall perform all constructioncomplete the Tenant Improvements thereon as set forth on Exhibit C attached hereto and made a part hereof. Provided that no structural changes are involved, improvementsTenant at its expense may alter, additionsimprove, modifications, decorations and alterations that may be proposed or undertaken by or for the account of Tenant to preparefurnish, equip, and decorate and furnish the Premises as it considers necessary or desirable for Tenant's initial and/or continued its business and the full beneficial use and 4846-0294-9028.v11 occupancy (“Alterations”)of the Premises. All Alterations work shall be done in conformity a proper and workmanlike manner in compliance with the standards of quality of construction, tenant occupancy of the Building applicable laws and the overall aesthetic of the Building as determined by Landlord.
4.02building codes. All maintenance and repairfurnishings, trade fixtures, and equipment belonging to Tenant shall remain the property of Tenant and may at Tenant’s election be removed from the Premises at any Alterationstime during the term of this Lease, performed byor at the expiration or termination hereof. However, on behalf of or for the account of TenantLandlord and Tenant further agree that notwithstanding this provision and/or any other provision contained herein, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent Tenant shall not be required for any Alterations comply with all three to remove the Drive Through Area canopy and may at its election leave attached to and as a part of the following criteria: Premises, any vaults, safes, teller counters, or other built in fixtures or improvements which have been located on the Alterations (i) are not Major Work (Premises as hereinafter defined)a part of the Tenant Improvements or otherwise, (ii) do not cost, or which may thereafter be located on or installed in the aggregatePremises. If Tenant should elect to remove all or any part of such Tenant Improvements or other fixtures from the Premises, more than Twenty Five Thousand Dollars ($25,000.00), then Tenant will be responsible for the cost of necessary repair and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value restoration of the Building or Property or adversely affect the usefulness of the Building or Property Premises required as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, result of such approval not to be unreasonably withheld, conditioned or delayedremoval.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Ohio Legacy Corp)
Tenant Improvements. 4.01Alterations in the Premises shall be installed and constructed in accordance with the terms of Article 5 of the Original Lease and such Alterations must include upgrading the elevator lobbies (including upgrading the finishes therein) on each full floor portion of the Premises. In connection with Tenant’s construction of any Alterations in the Premises using the Landlord’s Contribution (as defined in Section 9 below) and in addition to the costs due under Section 5.5 of the Original Lease, Tenant agrees to pay Landlord a construction management fee equal to two percent (2%) of all soft and hard costs incurred by Tenant in designing and constructing such Alterations. In accordance with Section 5.3 of the Original Lease, Tenant shall, at Tenant’s sole cost and expense, remove any Alterations that are not customary general office tenant alterations (which may include, but not be limited to, supplemental cooling units, lab spaces, enhanced cabling, executive restrooms or internal stairwells installed within the Premises), provided Landlord has notified Tenant that it will be required to remove such Alterations in accordance with Section 5.3 of the Original Lease. Within three (3) business days of Tenant’s substantial completion of the Alterations, Landlord and Tenant shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for the account conduct a walk-through of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of Building and identify any damage to the Building and the overall aesthetic of the Building as determined Systems or any Common Areas caused by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (ithe “Building Punchlist Items”) are not Major Work (as hereinafter defined)and Tenant shall complete, (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of at Tenant’s contractorssole cost and expense, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
all Building Punchlist Items within thirty (e) Tenant shall, within twenty (2030) days after completion such walk-through or such longer period of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form time as may be reasonably acceptable necessary to Landlord complete the Building Punchlist Items as long as such work commences within such thirty (30) day period and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregateis diligently prosecuted to completion.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Sources: Lease (Mindspeed Technologies, Inc)
Tenant Improvements. 4.01. Landlord and Tenant shall perform all construction, improvements, additions, modifications, decorations and alterations acknowledge that may be proposed or undertaken by or for the account of Tenant to prepare, equip, decorate and furnish presently occupies the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations that the Premises shall be delivered to Tenant pursuant to the Lease in conformity with its “AS-IS,” “WHERE-IS” condition, subject to the standards of quality of constructionrenovations and improvements described herein. Subject to the conditions herein stated, tenant occupancy of Landlord agrees to deliver the Building Premises, at Landlord’s cost and expense, in “turnkey condition” containing the overall aesthetic of improvements (the Building “Tenant Improvements”) specified in the Final Plans to be agreed to by Landlord and Tenant as determined by Landlord.
4.02. All maintenance and repairset forth in Paragraph 2 below; provided, and any Alterationshowever, performed by, on behalf of or for the account of Tenant, shall comply with the following:that
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding all improvements shall be made using building standard materials and be compatible with the foregoingshell and core improvements and the design, Landlord’s consent shall not be required for any Alterations comply with all three construction and equipment of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.Complex;
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must notall improvements shall comply with all applicable laws, individually or in the aggregaterules, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office buildingregulations, codes and ordinances;
(c) All Major Work Tenant shall be performed by contractorsresponsible, engineers and/or architects approved by Landlordat its sole cost and expense, such approval not for purchasing equipment and special trade fixtures identified as being Tenant’s responsibility to be unreasonably withheldpurchase in the Final Plans, conditioned or delayed.which Landlord agrees to install at the Premises;
(d) Tenant shallshall be liable, at its sole cost and expense, for any non-building standard materials selected by Tenant for use in advance, deliver to Landlord constructing the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.Tenant Improvements;
(e) Tenant shallshall be responsible, within twenty (20) days after completion of any Alterationsat its sole cost and expense, repairs or maintenancefor purchasing voice and data wiring and wall-mounted jacks for same, provide original, fully executed final lien waivers in a form reasonably acceptable which Landlord agrees to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance install at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.Premises;
(f) Tenant shall performbe responsible, at its sole cost and expense, for installing its voice and data systems and equipment; and
(g) Tenant’s selection of special trade fixtures or cause to be performednon-building standard materials that require long lead time and delay the Delivery Date beyond the Anticipated Delivery Date shall constitute Tenant Delay. The General Fit-Out Notes (the “Notes”) set forth on the Tenant Space Plan (defined below) are incorporated herein by this reference, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all lawsthe event of a conflict between the Notes and this Work Agreement, codes, statues, requirements or other directive the Notes shall prevail as to the intent and agreement of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable lawsthe parties.
Appears in 1 contract
Tenant Improvements. 4.01. Tenant Landlord shall perform all constructionconstruct and, improvementsexcept as provided below to the contrary, additions, modifications, decorations and alterations that may be proposed or undertaken by or pay for the account entire cost of Tenant to prepare, equip, decorate and furnish constructing the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy tenant improvements (“AlterationsTenant Improvements”) as described by the plans and specifications (including price specifications) identified in Schedule “1” attached hereto (the “Plans”). All Alterations shall be in conformity with Tenant may request changes to the standards of quality of construction, tenant occupancy of Plans prior to the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
Commencement Date provided that (a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent changes shall not be required of a lesser quality than Landlord’s standard specifications for any Alterations comply with all three of tenant improvements for the following criteria: Building, as the Alterations same may be changed from time to time by Landlord (ithe “Standards”); (b) are not Major Work the changes conform to applicable governmental regulations and necessary governmental permits and approvals can be secured; (as hereinafter defined), (iic) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) changes do not require a building permit. service beyond the levels normally provided to other tenants in the Building; (d) the changes do not have any adverse affect on the structural integrity or systems of the Building; (e) the changes will not, in Landlord’s reasonable opinion, unreasonably delay construction of the Tenant Improvements; and (f) Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent has determined in its sole discretion that the changes are of a nature and absolute discretion.
(b) Any Alterations or repair or maintenance performed quality consistent with the overall objectives of Landlord for the Building. If Landlord approves a change requested by or on behalf of Tenant must notTenant, individually or in the aggregatethen, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work condition to the effectiveness of Landlord’s approval, Tenant shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver pay to Landlord upon demand by Landlord the name and address of Tenant's contractorsincreased cost attributable to such change, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved determined by Landlord and which Landlord has previously provided a reasonable estimate of the cost of such change. To the extent any such change results in accordance with all lawsa delay of completion of construction of the Tenant Improvements, codes, statues, requirements or other directive of any governmental or quasi-governmental authority then such delay shall constitute a delay caused by Tenant as described below. Landlord’s contractors for the Project shall bid and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. construct the Tenant warrants that all Alterations, when completed, will comply with all applicable lawsImprovements.
Appears in 1 contract
Tenant Improvements. 4.01(a) Landlord shall, at its sole expense, construct the base building work identified on Exhibit "B" attached hereto and made a part hereof (the "BASE BUILDING WORK"). Tenant Landlord shall perform secure all construction, improvements, additions, modifications, decorations necessary permits and alterations that may be proposed or undertaken by or comply with all applicable laws in connection therewith (but excluding any permits and approvals required for the account performance of the Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”Improvements as hereinafter defined). All Alterations Landlord shall substantially complete the "Preliminary Base Building Work" identified on Exhibit "B-1" on or prior to November 1,1999. "SUBSTANTIAL COMPLETION" is defined as that point in time when Landlord's architect certifies that construction of the Preliminary Base Building Work is complete except for (i) any improvements or work to be in conformity with the standards of quality performed by Tenant; (ii) minor or insubstantial details of construction, tenant occupancy mechanical adjustments, or finishing touches, which items shall not adversely affect Tenant's conduct of its ordinary business activities in the Premises; (iii) items not then completed because of Tenant Delays and (iv) items to be performed by Landlord contemporaneously with Tenant's construction of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work Tenant Improvements (as hereinafter defined), (ii) do not costnamely, all Base Building Work other than the Preliminary Base Building Work. "TENANT DELAY" is defined as delay directly impacting Landlord's ability to timely achieve Substantial Completion which is caused by Tenant, provided, however, in no event shall Tenant Delay be claimed as a basis for relief from the aggregateprovisions specified above unless and until Landlord has first given Tenant notice that it intends to claim delay as a result of Tenant's acts or failure to timely act. Except for the Base Building Work, more than Twenty Five Thousand Dollars ($25,000.00)Landlord shall have no obligation to perform any improvements to the Demised Premises to prepare the space for Tenant's occupancy, and (iii) do not require a building permit. Landlord agrees not Tenant acknowledges that, except for the Base Building Work to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved completed by Landlord, such approval not Tenant has inspected the Demised Premises and accepts the same in its "AS IS" condition, without any representation or warranty by Landlord. Tenant shall be entitled to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance benefit of any work at contractor warranties, to the Premisesextent assignable, with respect to the Base Building Work.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Tenant Improvements. 4.01. Tenant shall perform Landlord will furnish all constructionof the material, improvements, additions, modifications, decorations labor and alterations that may be proposed or undertaken by or equipment for the account construction on the Demised Premises of the “Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”Improvements” {as defined in Section 2.2(a)}. All Alterations The Tenant Improvements shall be constructed in conformity a good a workmanlike manner in substantial accordance with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building “Final Tenant Improvement Plans” {as determined by Landlorddefined in Section 2.2(c)}.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consentLandlord shall provide Tenant with a “Tenant Improvement Allowance” in the amount of $4,573,125.00 for payment of the “Tenant Improvement Costs” {as defined in Section 2.2(d)} incurred in constructing the “Tenant Improvements” {as defined in this Section 2.2(a)}. Notwithstanding the foregoing, Landlord’s consent shall The Tenant Improvement Allowance may not be required used to pay for Tenant’s furniture, fixtures or equipment (other than weight room equipment which is attached to the Improvements) and/or any Alterations comply with all three of Tenant Improvements not approved by Landlord. The Tenant Improvement Allowance may also be used to pay for the following criteria: Proposed Kitchen Equipment identified on Exhibit “I” or equipment performing the Alterations (i) same function as the items on Exhibit I. The “Tenant Improvements” are not Major Work those Improvements identified in the “Final Tenant Improvement Plans” (as hereinafter defined), . The Tenant Improvement Allowance shall be used by Landlord to pay for the Tenant Improvement Costs. In the event the Tenant Improvement Costs exceed the Tenant Improvement Allowance (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00“Excess”), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent require that Tenant provide Landlord with reasonable cash security (as determined by Landlord in its sole discretion) to cover the amount of such Excess. Tenant shall, in any event, pay the Excess to Landlord on or before the Commencement Date. In the event the Tenant Improvement Cost is less than the Tenant Improvement Allowance, then Tenant shall be entitled to a Basic Rent adjustment as provided in Section 3.2 herein. Landlord shall be the general contractor for all Tenant Improvement work. Except with respect to mechanical and absolute discretionelectrical work (which shall be provided by the same contractors performing the Landlord’s Improvements) and the carpentry and drywall work (which will be performed by Landlord), all other major subcontractors will be competitively bid by Landlord.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value Attached hereto as Exhibit “D” is a schedule of the Building drawings constituting the preliminary fit plan for the Tenant Improvements to be constructed by Landlord (the “Preliminary Fit Plan”)which Preliminary Fit Plan has been prepared by WCL Interiors, Inc., (the “T.I. Architect”). The Preliminary Fit Plan has been approved by Tenant. The Tenant shall cause the T.I. Architect to prepare a “Final Fit Plan” for the Tenant Improvements and shall deliver the same to the Landlord for approval on or Property or adversely affect before October 5, 1998. The Final Fit Plan will be approved by the usefulness Landlord within fifteen (15) business days after receipt of same so long as it is substantially similar to the Building or Property as a first-class office building;Preliminary Fit Plan.
(c) All Major Work After Landlord’s approval of the Final Fit Plan, the Tenant shall cause the T.I. Architect to prepare final plans for the Tenant Improvements in accordance with the Final Fit Plan and shall submit the same to Landlord for approval on or before January 4, 1999. Landlord shall approve or disapprove the final plans for the Tenant Improvements within fifteen (15) business days after receipt of same, and if Landlord fails to approve or disapprove same within such fifteen (15) business day period, Landlord shall be performed deemed to have approved such final plans. The final plans for the Tenant Improvements which have’ been prepared by contractorsthe T.I. Architect and approved (or deemed approved) by Landlord are hereinafter referred to as the “Final Tenant Improvement Plans”. Landlord will approve the Final Tenant Improvement Plans if they are substantially similar to the Final Fit Plan, engineers and/or architects approved by but Landlord will have no obligation to approve such final Tenant Improvement Plans to the extent they are materially inconsistent with the Final Fit Plan. Landlord’s approval of the Final Tenant Improvement Plans will not constitute a representation, warranty or agreement that such approval not plans conform to be unreasonably withheldapplicable building codes or professional design standards, conditioned or delayedTenant having agreed to look exclusively to the T.I. Architect for such assurances. In the event, however, that Landlord has actual knowledge of a material inconsistency between the Final Tenant Improvement Plans and the requirements of applicable building codes, Landlord will advise Tenant of that inconsistency.
(d) The price to be charged by Landlord to Tenant shall, in advance, deliver to Landlord for the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown Tenant Improvements (the “Tenant Improvement Costs”) shall be the sum of the aggregate total cost following items: (i) the “Cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or Work” (as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and hereinafter defined); plus (ii) Landlord’s agents actual “General Conditions” (as additional insureds. Tenanthereinafter defined) (not to exceed seven percent (7%) of the Cost of the Work); plus (iii) three percent (3%) of the amount referred to in subsection (i) for Landlord’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
overhead and profit in connection therewith; plus (eiv) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvalssales, transaction privilege and other taxes on any of the foregoing which are not otherwise included on Schedule B-1. The “Cost of the Work” shall mean all costs incurred by the Landlord in the acquisition, construction or installation of the Tenant Improvements in the categories identified on Exhibit “B-1”. “General Conditions” shall include, without limitation, the following costs associated with the Tenant Improvements: project management costs (to the extent not otherwise included on Exhibit B-1), superintendent, permits, licenses or consents required by any ordinanceplan and specification reproduction, law or public regulations or by any authority having jurisdictionjob phone and pager, storage, trash hauling and dumping, general cleanup, first aid safety, small tools and expendable, final clean-up, insurance, field coordinator, site services and miscellaneous equipment. The Tenant warrants that all Alterations, when completed, Improvements will comply with all applicable laws.be constructed on an open
Appears in 1 contract
Sources: Net Lease (Wells Mid-Horizon Value-Added Fund I LLC)
Tenant Improvements. 4.01Landlord shall construct and, except as provided below to the contrary, pay for the entire cost of constructing the tenant improvements (“Tenant Improvements”) shown on the floor plan entitled “Building 7-Ground Level Plan” attached to Exhibit “A” to this Lease (the “Plans”), and as otherwise discussed and agreed to by Landlord and Tenant (and as more particularly described on the Coordination Task List dated September 11, 2008 and attached as Schedule 1 to this Work Letter Agreement, and as may be updated and revised at the parties’ mutual agreement, and with respect to the Leased Premises server room, as more particularly described on Schedule 2 to this Work Letter Agreement), including without limitation, Landlord shall install, at Landlord’s expense not to exceed $50,000 a dedicated HVAC for use solely by Tenant in connection with the Leased Premises server room; provided, however, that in no event shall the quality and type of building finishes and materials of the Tenant Improvements be of a lesser nature than those previously installed by Landlord in the Corporate Office Building. Tenant may request changes to the Plans provided that (a) the changes shall perform all construction, improvements, additions, modifications, decorations and alterations that may not be proposed or undertaken by or of a lesser quality than Landlord’s standard specifications for the account of Tenant to prepare, equip, decorate and furnish the Premises tenant improvements for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as the same may be changed from time to time by Landlord (the “Standards”); (b) the changes conform to applicable governmental regulations and necessary governmental permits and approvals can be secured; (c) the changes do not require building service beyond the levels normally provided to other tenants in the Building; (d) the changes do not have any adverse affect on the structural integrity or systems of the Building; (e) the changes will not, in Landlord’s opinion, unreasonably delay construction of the Tenant Improvements; and (f) Landlord has determined in its reasonable discretion that the changes are of a nature and quality consistent with the overall objectives of Landlord for the Building. If Landlord approves a change requested by Tenant, then, as a condition to the effectiveness of Landlord’s approval, Tenant shall pay to Landlord upon demand by Landlord the increased cost attributable to such change, as reasonably determined by Landlord.
4.02. All maintenance and repair, and To the extent any Alterations, performed by, on behalf such change results in a delay of or for the account completion of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three construction of the following criteria: the Alterations (i) are not Major Work (Tenant Improvements, then such delay shall constitute a delay caused by Tenant as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretiondescribed below.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Sources: Lease (Marvel Entertainment, Inc.)
Tenant Improvements. 4.01Tenant will be responsible for all design and construction of the Demised Premises (“Tenant’s Work”), which will be performed in accordance with the terms of Exhibit “D” attached to the Lease, as amended herein. Notwithstanding anything contained in the Lease or Exhibit “D” to the contrary, the “Construction Allowance” for purposes of this Second Amendment and Exhibit “D” is an amount equal to the product of (i) the total Rentable Floor Area of the Demised Premises multiplied by (ii) $45.00 per square foot of Rentable Floor Area. Tenant shall perform all construction, improvements, additions, modifications, decorations and alterations acknowledges that may up to $35.00 per square foot of Rentable Floor Area of the Demised Premises of the Construction Allowance must be proposed or undertaken by or utilized for the account costs of Tenant to prepare, equip, decorate design and furnish construction of Tenant’s Work (the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“AlterationsTI Allowance”). All Alterations shall be in conformity with the standards The remaining $10.00 per square foot of quality of construction, tenant occupancy Rentable Floor Area of the Building and the overall aesthetic Demised Premises of the Building as determined Construction Allowance may be utilized by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent Tenant in its sole and absolute discretion.
discretion (b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work “Discretionary Allowance”). The TI Allowance shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not applied solely to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractorsWork, whether retained including preparation of design drawings, space planning and engineering, preparation of electrical engineering and plans, cabling and telecommunications wiring, and signage (as set forth in Section 8 below). Any move-related costs must be paid for out of the Discretionary Allowance. If any portion of the Construction Allowance has not been paid by Landlord within six (6) months following the Effective Date nor has a request for such funds been made by Tenant within such period, such remaining portion shall be paid to Tenant and Tenant may apply it to Rent under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents amended hereby. Exhibit “D” is hereby further amended as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.follows:
Appears in 1 contract
Tenant Improvements. 4.01Landlord, at Tenant's sole cost and expense but subject to the "Landlord's Contribution" (as such term is defined below), shall improve the Expansion Premises, the "Second Must Take Space" (as defined in Section 10 below) and the interior non-structural portions of the Building not previously occupied by Tenant consistent with space plans and working drawings to be prepared by Tenant and approved by Landlord in accordance with Section 8 of the Lease (said improvements are hereinafter referred to as the "Tenant Improvements"). Landlord shall have the right to reasonably approve or disapprove Tenant's space planner and/or architect. Tenant shall perform all constructionalso pay The John▇▇▇▇ ▇▇▇up, improvementsan affiliate of Landlord, additions, modifications, decorations a construction administration fee in an amount equal to ten percent (10%) of the total costs of design and alterations construction of the Tenant Improvements. Landlord and Tena▇▇ acknowledge and agree that the Tenant Improvements may be proposed completed in one (1) or undertaken by or for the account more phases, and that Tenant may present Landlord with additional sets of space plans and working drawings with respect to each such phase; provided, however, that all Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations Improvements shall be in conformity with completed on or before May 31, 2002. Landlord shall contribute up to four hundred thirty-three thousand dollars ($433,000.00) (the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by "Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a's Contribution") Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations solely towards (i) are not Major Work (Tenant's reasonable, actual and verifiable costs for the space plans and working drawings for the Tenant Improvements as hereinafter defined), described above and (ii) do not costthe construction costs, including permit costs and the aforementioned construction administrative fee, for the Tenant Improvements, but excluding Tenant's telephone, computer, and data systems, furniture, or other personal improvements desired by Tenant. Landlord shall have no obligation to pay for design or construction costs of the Tenant Improvements or for construction administration fees to the extent the same exceed the Landlord's Contribution as set forth above. If Landlord estimates that the costs of Tenant Improvements (including the aforementioned construction administration fees) will, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00)exceed the Landlord's Contribution, and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, pay such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance estimated overage to Landlord prior to performance commencement of construction of the pending or proposed phase of Tenant Improvements. Tenant shall not be entitled to any work at credit, offset or refund if Landlord is able to construct the Premises.
Tenant Improvements described in the approved space plans and/or working drawings for less than the Landlord's Contribution, or if the Tenant Improvements are not completed by May 31, 2002. Subject to Force Majeure Events, Landlord shall use its best efforts to complete construction of the initial phase of the Tenant improvements within sixty (e) Tenant shall, within twenty (2060) days after completion following the date on which Tenant provides Landlord with a permit permitting Landlord to commence construction of any Alterationsall aspects of such Tenant Improvements. Tenant's initial set of space plans and/or working drawings for the Tenant Improvements shall provide for material improvements to all of the Building's lobbies, repairs or maintenancethe Building's second (2nd) and third (3rd) floor corridors, provide original, fully executed final lien waivers the bathrooms contained in a form reasonably acceptable what was previously "Common Area" of the Building (ie without giving effect to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the addition to the Premises of the Expansion Space), and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregateelevator cabs of the Building. All permits shall be processed and obtained by Tenant.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Sources: Office Lease (Ixia)
Tenant Improvements. 4.01Landlord, using Building standard materials and specifications, shall construct and, except as provided below to the contrary, pay for the entire cost of constructing the tenant improvements ("Tenant Improvements") for ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇ described by the plans and specifications identified in Schedule "1" attached hereto (the "Plans"). Tenant may request changes to the Plans provided that (a) the changes shall perform all constructionnot be of a lesser quality than Landlord's standard specifications for tenant improvements for the Building, improvements, additions, modifications, decorations and alterations that as the same may be proposed changed from time to time by Landlord (the "Standards"); (b) the changes conform to applicable governmental regulations and necessary governmental permits and approvals can be secured; (c) the changes do not require building service beyond the levels normally provided to other tenants in the Building; (d) the changes do not have any adverse affect on the structural integrity or undertaken by or systems of the Building; (e) the changes will not, in Landlord's opinion, unreasonably delay construction of the Tenant Improvements; and (f) Landlord has determined in its sole discretion that the changes are of a nature and quality consistent with the overall objectives of Landlord for the account Building. If Landlord approves a change requested by Tenant, then, as a condition to the effectiveness of Landlord's approval, Tenant shall pay to prepareLandlord upon demand by Landlord the increased cost attributable to such change, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as reasonably determined by Landlord.
4.02. All maintenance and repair, and To the extent any Alterations, performed by, on behalf such change results in a delay of or for the account completion of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three construction of the following criteria: the Alterations (i) are not Major Work (Tenant Improvements, then such delay shall constitute a delay caused by Tenant as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretiondescribed below.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Sources: Office Lease (Willdan Group, Inc.)
Tenant Improvements. 4.01. (a) Tenant shall perform complete all construction, improvements, additions, modifications, decorations and alterations that may be proposed improvements required or undertaken desired by or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued ’s use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and Leased Premises (collectively, the overall aesthetic of “Tenant Improvements”) according to the Building Tenant Improvement Plans (defined below) as determined by Landlord.
4.02provided herein. All maintenance and repairIt is understood that the Tenant Improvements may include, and any Alterationssubject to the provisions hereof, performed by, on behalf of or for the account of Tenant, shall comply with the following:
1. The interior improvements within the Leased Premises, including but not limited to clinical labs, administrative offices, dormitories, server room, commercial kitchen, commercial laundry, pharmacy and chemical storage.
2. Tenant may improve for its exclusive use and control, any building stairwells that are internal to the Leased Premises, and may integrate those stairwells into Tenant’s security systems.
3. Tenant may install an uninterrupted power supply (aUPS) Any Alterations require system and emergency stand-by battery system, and may use a portable generator (in addition to the external auxiliary generator) during emergencies. Tenant may use reasonably necessary riser space for the connection of these systems to the Leased Premises.
4. As provided above, Tenant shall install generator, chemical storage and platform lift at the rear of the Building, and shall not be charged extra rent or other fee for the use of this area.
5. Tenant shall be entitled to construct antennae and/or satellite dish (the “Antennae”) on that portion of the roof of the Building located immediately above the Leased Premises, and shall not be charged extra rent or other fee by Landlord for the Antennae or the use of roof space for the Antennae.
(b) Subject to sections (l), (n) and (s) below, Tenant shall bear the entire cost of the construction of the Tenant Improvements, including, without limitation, all architectural and engineering fees associated with the space planning for the Leased Premises, the design of the Tenant Improvements and preparation of the Tenant Improvement Plans (including any changes to the Shell Plans required therefore) and any changes thereto; all labor, material and equipment costs; additional janitorial services; general tenant signage; permit fees; and taxes and insurance costs related to the construction of the Tenant Improvements to the extent not included in Operating Costs (the “Tenant Improvement Construction Costs”). Landlord shall not charge or be entitled to receive payment of any fee in connection with or during the construction of the Tenant Improvements or Tenant’s move-in, including without limitation any project management, supervision or review fee, or any fee for the use of the Building services (such as, but not limited to, loading dock, parking or freight elevators, nor shall Tenant be charged for utilities consumed during construction of the Tenant Improvements).
(c) Landlord shall make available to Tenant, the construction, architectural and engineering information reasonably requested by Tenant’s architect or general contractor. Tenant shall submit to Landlord construction drawings and specifications for the Tenant Improvements (the “Tenant Improvement Plans”) within one hundred twenty (120) days after the Effective Date of this Lease. The Tenant Improvement Plans shall consist of detailed plans and specifications for the construction of the Tenant Improvements in accordance with all applicable governmental laws, codes, rules and regulations, including partition layout, ceiling plan, electrical outlets and switches, telephone outlets, drawings for any modifications to the mechanical and plumbing systems of the Building. The Tenant Improvement Plans shall specifically include a requirement for expansion joints for every twenty (20) feet on all interior walls and above all doorways and other openings. The Tenant Improvement Plans must be approved by Landlord as provided herein.
(d) Within five (5) business days after Landlord’s prior written consentreceipt of the Tenant Improvement Plans, Landlord shall submit to Tenant in writing any requested changes thereto, and Landlord and Tenant shall thereafter work together in good faith to agree upon final Tenant Improvement Plans. Landlord’s approval of the Tenant Improvement Plans shall not be unreasonably delayed or withheld, provided that they comply with all applicable governmental laws, codes, rules and regulations and the provisions of this Lease. Notwithstanding the foregoing, Landlord’s consent approval of any changes to the Building systems or the exterior or structural components of the Building, including relocation or alteration of stairwells and elevators, shall be subject to Landlord’s approval, and shall be subject to approval by Landlord’s structural engineer. If Landlord’s structural engineer fails to approve any such portion of the Tenant Improvement Plans, the specific reasons for such disapproval shall be provided to Tenant, together with specific drawings and other corrections necessary to correct the specific reasons for such disapproval. If Tenant modifies the Tenant Improvement Plans to specifically incorporate the drawings and other corrections made by Landlord’s structural engineer, the modifications of the exterior or structural components of the Building shall be deemed to be approved by Landlord. Landlord shall not refuse, without adequate justification, to approve the final Tenant Improvement Plans within thirty (30) days after Landlord’s receipt thereof. In the event Landlord does disapprove the Tenant Improvement Plans, as submitted, the parties shall cooperate fully to achieve a final approved set of plans in conformity with this Work Letter. If, despite good faith efforts, the parties cannot agree on a final approved set of Tenant Improvement Plans Landlord and Tenant shall each have the right to terminate the Lease by notice to the other at such time, and in the event of such termination the first month’s Base Rent shall be required promptly returned to Tenant.
(e) No approval by Landlord or Landlord’s architects and/or engineers of the Tenant Improvement Plans or any of Tenant’s drawings, plans and specifications that are prepared in connection with any construction of improvements in the Leased Premises shall in any way be construed or operate as a representation or warranty by Landlord as to the adequacy of such drawings, plans and specifications, or the improvements to which they relate, for any Alterations comply use, purpose, or condition, but such approval shall merely satisfy the requirement of consent by Landlord under this Lease as to Tenant’s right to construct the improvements in the Leased Premises in accordance with all three such drawings, plans and specifications.
(f) Upon Landlord’s approval of the following criteriaTenant Improvement Plans, Tenant, at Tenant’s expense, shall promptly apply for, and obtain, all permits and approvals required by governmental agencies, and Landlord shall joint Tenant in promptly applying for approval (to the extent necessary) by the Association Architectural Control Committee (the “Committee”) under the Declaration and any other restrictive covenants applicable to the construction of the Tenant Improvements (the foregoing collectively referred to as the “Approvals”), and Landlord shall affirmatively request and support such approval by the Committee in Landlord’s capacity as the owner of the Property. It is contemplated that among such other items as may require approval of the Committee, the Approvals shall include approval of the Committee of the following: the Alterations (i) are not Major Work installation of rooftop equipment and services (within Landlord provided “roof loading zones”); (ii) utilization of the fenced area on the southeast of the Property for an outdoor recreation area in accordance with Exhibit C; (iii) installation of an emergency generator outside the south side of the Building; (iv) installation of a side-loading lift on the south side of the Building to serve Tenant as hereinafter defined)a loading dock; (v) construction of a CMU building used for Hazardous Materials, Hazardous Substances and bio-wastes; (vi) construction of an additional outdoor storage building for storage of such items as outdoor furniture; and (vii) installation of back-illuminated signage, mounted prominently on the Building that would be visible from ▇▇▇ ▇▇▇▇▇ Boulevard. Landlord represents and warrants that it has obtained pre-approval by the Committee as to the preliminary drawings provided by Tenant to Landlord prior to the Effective Date of this Lease for those items described in (i) through (viii) in the immediately preceding sentence. Upon substantial completion of the Tenant Improvements, Tenant shall obtain a permanent certificate of occupancy for the Leased Premises.
(g) Prior to the commencement of construction of any of the Tenant Improvements, Tenant shall (i) furnish Landlord with evidence satisfactory to Landlord that the Approvals have been obtained, (ii) do not costfurnish Landlord with evidence that Tenant has obtained and is maintaining (1) All Risk Builder’s Risk Insurance covering the replacement value of the Tenant Improvements and naming Landlord as an additional insured, and (2) the Comprehensive Commercial Liability Insurance policy described in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00)Lease, and (iii) do not require a building permit. notify Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness date on which Tenant intends to commence construction of the Building or Property as a first-class office building;
(c) All Major Work Tenant Improvements. The construction contemplated by the Tenant Improvement Plans shall be performed by contractorsskilled contractors and subcontractors whose names shall be furnished in writing to Landlord in advance. All contractors shall be required to maintain commercial general liability insurance in amounts of not less than $1 million per occurrence, engineers and/or architects approved by Landlord$2 million aggregate, such approval not with reputable companies licensed to provide insurance in Texas. Certificates of insurance for Tenant and its contractors shall be unreasonably withheld, conditioned or delayeddelivered to Landlord before Tenant commences construction of the Tenant Improvements.
(dh) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown The construction of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, Tenant Improvements shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, done in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all lawsthe Tenant Improvement Plans, codesas approved by Landlord. All material changes to any of the Tenant Improvement Plans must be submitted to Landlord for Landlord’s written approval prior to, statuesand as a condition precedent to, requirements making such change; provided, Landlord shall promptly review the same and shall not unreasonably withhold, delay or condition its approval. All materials used in executing the Tenant Improvement Plans by Tenant shall be new and of good quality for their intended purposes.
(i) The failure of Tenant to complete the Tenant Improvements by the Rent Commencement Date for any reason other directive than delays caused by the acts of Landlord or Landlord’s Related Parties shall not delay or extend the Rent Commencement Date and the obligations of Landlord and Tenant shall continue in full force and effect and the rent shall not be abated. Any such delays caused by Landlord shall extend the Rent Commencement Date by a period equal to the period of the delay attributable to the acts of Landlord.
(j) Tenant shall have no right, authority or power to bind Landlord or any interest of Landlord in the Project, the Property, the Building, or the Leased Premises for the payment of any governmental claim for labor or quasi-governmental authority materials or for any charge or expense incurred or the erection or construction of the Tenant Improvements, nor to render the Project, the Property, the Building, or the Leased Space part of the Leased Premises or any part thereof liable for any mechanic’s or material men’s lien, and Tenant shall in no way be considered the agent of Landlord in the construction or erection of any of the Tenant Improvements. If any lien is imposed upon any portion of the Property by reason of the construction of the Tenant Improvements, Tenant shall discharge or bond around the same in accordance with the provisions of this Lease.
(k) Tenant and its contractor(s) shall cause the construction of the Tenant Improvements in such manner as to minimize interference or inconvenience to the other tenants of the Building, the Property and the Project to the extent reasonably possible. All construction activity and storage of materials shall be confined to the Leased Premises, Tenant’s storage building(s), if already erected, and the associated parking area unless Landlord specifically agrees otherwise in writing. The work site(s) shall be maintained in a safe and reasonably clean condition at all times during the construction. The construction of the Tenant Improvements shall be conducted so as to avoid damage to part of the Project, the Property, the Common Areas, including all parking and landscaped areas, or the Building, and in the event of any such damage, Tenant shall immediately cause such damage to be fully repaired and restored.
(l) Landlord shall pay Tenant a tenant improvement allowance (the “Tenant Improvement Allowance”) of an amount as provided in Section 1.26 of the Lease, which funds may be applied by Tenant to defray any and all approvalsexpenses and fees incurred by Tenant in connection with the design, permitsplanning, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. approval and construction of the Tenant warrants that all Alterations, when completed, will comply with all applicable lawsImprovements.
Appears in 1 contract
Sources: Lease Agreement (Pharmaceutical Product Development Inc)
Tenant Improvements. 4.01Landlord and Tenant have approved that certain space plan which is attached hereto as Schedule 1 (the “Space Plan”). Within five (5) days of the date on which Tenant executes this Lease, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information necessary to allow the Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a natural and logical extension of, the Space Plan (collectively, the “Approved Working Drawings”). Landlord shall construct the improvements in the Premises (the “Tenant Improvements”) in good workmanlike condition pursuant to the Approved Working Drawings. In addition, Landlord shall, at Landlord sole cost and expense, prior to the Lease Commencement Date, upgrade or modernize the building directory (collectively, the “Landlord Work”). Tenant shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed make no changes or undertaken by or for the account of Tenant modifications to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require the Space Plan, (b) once completed, the Approved Working Drawings, or (c) the Landlord Work, without the prior written consent of Landlord, which consent may be withheld in Landlord’s prior written consentsole discretion if such change or modification is reasonably likely to directly or indirectly materially delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Tenant Work Letter, of the Premises or increase the cost of designing or constructing the Tenant Improvements. The Tenant Improvements and the Landlord Work shall be constructed in accordance with Landlord’s Building standards, using Building standard methods, materials and finishes. Notwithstanding the foregoing, Landlord’s consent except as specifically set forth in Section 2, below, the Tenant Improvements shall not be required for any Alterations comply with all three of include built-in furniture, equipment, cubicle systems (including the following criteria: the Alterations (i) are not Major Work (as hereinafter definedcabling and phone wiring), (ii) do not costpersonal property and/or any above-standard electrical, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition mechanical or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretionplumbing systems.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Sources: Lease (Inhibrx, Inc.)
Tenant Improvements. 4.01Upon execution of this Amendment, Lessor shall cause to be constructed certain improvements and modifications to the Original Premises and the Expansion Premises substantially consistent with those described on Exhibit B attached hereto (the “Tenant Improvements”) at Lessor’s sole cost and expense, including constructing new restrooms within the Original Premises, remodeling the restrooms in the Expansion Premises (both as currently described in Exhibit B) and performing the following work with respect to the HVAC system: At the conclusion of the work described as the Tenant Improvements, Lessor’s HVAC contractor shall, at Lessor’s cost, “tent” the HVAC supplies in both the Original Premises and the Expansion Premises (excepting the Lessee’s clean room) and shall test the HVAC system and each supply/register for conformity with original design specifications with respect to air supply volume in cubic feet per minute. Tenant shall perform all construction, improvements, additions, modifications, decorations and alterations that may If any HVAC supply/register is found to be proposed or undertaken out of compliance with original design specifications which non-compliance is NOT the result of any change by or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy Lessee (“Alterations”). All Alterations shall be in conformity with change” to include the standards placement of quality of constructionoffice equipment, tenant occupancy prior re-balancing of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed system by or on behalf of Tenant must notLessee, individually or any other Lessee alteration or act which results in said non-compliance) then Lessor shall, at its sole cost and expense, undertake to re-balance the aggregatenon-compliant HVAC supply/register so as to bring each back into compliance with original design specifications. Where the non-compliance with original design specifications is the result of a “change” by Lessee, lessen Lessor shall have no obligation to re-balance or otherwise bring the value affected HVAC supplies/registers into compliance hereunder. Lessor agrees to undertake any Title 24 or other legal compliance upgrades required as a result of the Building or Property or adversely affect the usefulness of the Building or Property as Tenant Improvements, and to install two (2) additional electric vehicle charging stations in a first-class office building;
(c) All Major Work mutually agreeable location. The Tenant Improvements shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and constructed in accordance with all lawsapplicable laws and the terms of this Lease, codesin a diligent and good and workmanlike manner, statuesfree of defects and using new materials and equipment of good quality. Lessee’s execution of this Amendment will constitute Lessee’s acknowledgment that the drawing and construction bid attached as Exhibit B correctly depict the proper layout and design for all improvements to the Premises desired by Lessee. Should Lessee desire to make any changes to Exhibit B, requirements Lessee shall submit a reasonably descriptive “change order”, Lessor shall promptly approve or other directive deny such requested change (and if so denied, with a reasonable explanation therefor), and if/when such change is approved, Lessee shall promptly pay to Lessor any increase in cost to perform the Tenant Improvements resulting from such change and Lessor shall not be liable for any delay resulting therefrom. Lessor shall have no obligation to proceed with the change until such payment is received from Lessee. Upon delivery of the Expansion Premises, Lessee shall coordinate a walk-through of the Expansion Premises, and Lessor and Lessee shall complete a punch list indicating any governmental or quasi-governmental authority and any and all approvalsminor deficiencies in the Tenant Improvements, permits, licenses or consents which do not materially interfere with Lessee’s ability to conduct business operations at the Premises (“Punch List”). Lessor shall promptly cause such items set forth in the Punch List to be completed as required by any ordinance, law or public regulations or by any authority having jurisdiction. for compliance with the Tenant warrants that all Alterations, when completed, will comply with all applicable lawsImprovements.
Appears in 1 contract
Sources: Lease (Intersect ENT, Inc.)
Tenant Improvements. 4.01. The tenant improvement work (“Tenant Improvements”) shall consist of the work required to complete certain improvements to the Premises based on a working floor drawing attached as Exhibit B. Tenant shall perform all constructioncontract with a general contractor, identified as ▇.▇. ▇▇▇▇▇▇ & Associates, Inc. to construct the Tenant Improvements. The Tenant Improvements work shall be undertaken and prosecuted in accordance with the following requirements:
A. It is understood that except as provided below, the Tenant Improvements shall only include actual improvements to the Premises approved by Landlord identified in Attachments A and B and shall exclude (but not by way of limitation) Tenant’s furniture, trade fixtures, partitions, equipment and signage improvements, additionsif any. Further, modifications, decorations the Tenant Improvements shall incorporate Landlord’s building standard materials and alterations that may be proposed or undertaken by or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy specifications (“AlterationsStandards”). All Alterations No deviations from the Standards may be requested by Tenant with respect to doors and frames, finish hardware, entry graphics, the ceiling system, light fixtures and switches, mechanical systems, life and safety systems, and/or window coverings; provided that Landlord may, in its sole discretion, authorize in writing one or more of such deviations, in which event, unless Landlord otherwise agrees in its sole discretion, Tenant shall be in conformity solely responsible for the cost of replacing same with the standards applicable Standard item(s) upon the expiration or termination of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02this Lease. All maintenance and repairother non-standard items (“Non-Standard Improvements”) shall be subject to the prior approval of Landlord, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require which may be withheld in Landlord’s prior written consentsole discretion. Notwithstanding the foregoing, Landlord’s consent Landlord shall not in no event be required for to approve any Alterations comply with all three of the following criteria: the Alterations Non-Standard Improvement if Landlord determines that such improvements (i) are not Major Work (as hereinafter defined)is of a lesser quality than the corresponding Standard, (ii) do not costfails to conform to applicable governmental requirements, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a requires building permit. services beyond the level Landlord agrees not has agreed to unreasonably withholdprovide Tenant under this Lease, condition or delay, its consent to Alterations with (iv) would have an adverse aesthetic impact from the exception exterior of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretionthe Premises.
B. Tenant shall use a licensed general contractor (bIdentified as ▇.▇. ▇▇▇▇▇▇ & Associates) Any Alterations or repair or maintenance performed by or and that contractor’s selected subcontractors to construct the Premises.
C. The TI Contractor and each of its subcontractors shall comply with Landlord’s requirements as generally imposed on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by third party contractors, engineers and/or architects approved by Landlord, such approval not including without limitation all insurance coverage requirements and the obligation to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current furnish appropriate certificates of insurance to Landlord Landlord, prior to performance commencement of any work at construction or the PremisesTenant Improvements work.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable D. A construction schedule shall be provided to Landlord and suitable for recording purposesTenant prior to commencement of the construction of the Tenant Improvements work, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant weekly updates shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.supplied
Appears in 1 contract
Tenant Improvements. 4.013.1 The Landlord constructed the Leased Premises for a prior tenant. Tenant shall perform all constructionagrees to accept the Leased Premises in their "AS IS" condition, improvementsexcept that Landlord will install VCT flooring, additionsat its sole expense, modifications, decorations and alterations that may be proposed or undertaken by or for in the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlordunfinished laboratory space depicted on Exhibit "A".
4.02. All maintenance and repair3.2 In the event Tenant desires, and at any Alterationstime during the Lease term, performed byto make any non-structural improvements or modifications to the Leased Premises ("Tenant Improvements") it shall obtain the consent of Landlord, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s which consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
. Tenant shall be responsible for the creation of all plans and specifications (d"Plans") for the Tenant shall, Improvements. Landlord will perform all such work necessary to execute the Plans. Landlord covenants to use its best efforts to complete the construction of any Tenant Improvements in advance, deliver to Landlord the name a timely and address of Tenant's contractors, subcontractors, material suppliers and laborerscost efficient manner, and a breakdown to provide Tenant with accurate estimates of both cost and time prior to the commencement of the aggregate total construction. Landlord's charge for the cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborersconstructing Tenant Improvements shall be commercially reasonable. All costs of Tenant Improvement shall be borne by Tenant’s contractors, whether retained under this section unless Landlord incurs additional costs due to its acts, omissions or as contemplated elsewhere delays, provide such delays are not due to events beyond Landlord's control, and such costs shall be paid within 30 days of receipt of an invoice from Landlord. In no event shall Landlord utilize any materials in the LeaseTenant Improvements that are, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord or may reasonably requirebecome, naming Landlord and Landlord’s agents a "hazardous substance", as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premiseshereinafter defined.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Tenant Improvements. 4.01. Tenant shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding After the foregoingCommencement Date, Landlord’s consent Tenant, at its sole cost and risk, shall not be required for any Alterations comply with all three have the right to make alterations, additions or changes to the interior of the following criteriaLeased Premises ("Tenant Improvements") if such alterations, additions or changes, in the judgment of Landlord: the Alterations (i) are normal for office use; (ii) do not Major Work adversely affect the utility of the Leased Premises for future tenants; (iii) do not alter the exterior appearance of the Building; (iv) do not impair the structural soundness of the Leased Premises or of the Building; or (v) are not otherwise prohibited herein or in the Rules and Regulations (as hereinafter defined); provided, (ii) do not costhowever, no such MATERIAL alterations, additions or changes to the Leased Premises shall be made without Landlord's prior written consent, WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD. All MATERIAL Tenant Improvements shall be made by workmen and contractors approved in advance in writing by Landlord. All such work shall be done in a manner so as to create the least possible disruption and inconvenience to other tenants in the aggregateBuilding and other workmen and contractors performing work in the Building. MATERIAL SHALL BE DEFINED AS $10,000 PER ALTERATION, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion25,000 YEAR TOTAL.
(b) Any Alterations or repair or maintenance performed After the Commencement Date, Tenant, subject to the further terms hereof and at its sole cost and expense, shall have the right to install within the Leased Premises all equipment, facilities and other improvements required by or on behalf Tenant for the conduct of its business in the Leased Premises. Tenant must shall not, individually without the specific written consent of Landlord and Tenant's written agreement to pay additional costs resulting therefrom, install any apparatus or device within the Leased Premises, including, but not limited to, electronic data processing machine, punch card machine or any other machine, which: (i) weighs in excess of 1,500 pounds individually, and which when added to all other live loads (exclusive of partitions) exceeds the equivalent of 50 pounds per square foot for the entire structural bay affected; (ii) uses electrical power in excess of 120-277 volts or 15 amperes; or (iii) in any way increases the amount of electrical power, water, gas, heating or air conditioning used by Tenant in the aggregate, lessen the value Leased Premises to an amount in excess of the Building or Property or adversely affect amount usually furnished at such time for use by tenants in general office space in the usefulness of the Building or Property as a first-class office building;Building.
(c) Tenant may remove its trade fixtures, property (including office supplies) and moveable office furniture and equipment not attached to the Building provided: (i) such removal is made prior to the expiration or termination of this Lease; (ii) Tenant is not then in default in the performance of its obligations under this Lease; and (iii) Tenant promptly repairs all damage caused by such removal, ORDINARY WEAR AND TEAR ACCEPTED. All Major Work other property located in the Leased Premises, any Tenant Improvements to the Leased Premises, and any other article attached or affixed to the floor, wall or ceiling of the Leased Premises shall become the property of Landlord and shall remain upon and be performed by contractorssurrendered with the Leased Premises as part thereof upon the expiration or termination of this Lease, engineers and/or architects approved by LandlordTenant hereby waiving all rights to any payment or compensation therefore. However, such approval not to be unreasonably withheldif Landlord so requests in writing, conditioned or delayed.
(d) Tenant shall, in advance, deliver prior to Landlord the name and address expiration or termination of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and remove any and all approvalsTenant Improvements, permitsfixtures, licenses equipment and property placed or consents required installed by it in the Leased Premises and shall repair any ordinance, law or public regulations or damage caused by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable lawssuch removal.
Appears in 1 contract
Tenant Improvements. 4.01. Tenant shall perform all constructiontakes and accepts the Expansion Space and the Must-Take Expansion Space from Landlord in the present as-is condition and as suited for the use intended by Tenant, improvements, additions, modifications, decorations and alterations that except for such improvements as may be proposed expressly provided for in the Tenant Improvement Agreement attached hereto and made a part hereof as Exhibit “B.” If, for any reason whatsoever, the “Tenant Improvements,” as defined in the Tenant Improvement Agreement, to be completed in the Expansion Space are not substantially completed by December 15, 2004, the Lease (including this Amendment) shall not be void or undertaken by voidable, and Landlord shall not be liable to Tenant for any resulting loss or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”)damages resulting therefrom. All Alterations shall be No delay in conformity with the standards of quality of construction, tenant occupancy delivery of the Building Tenant Improvements to be completed in the Expansion Space and the overall aesthetic Must-Take Expansion Space shall operate to relieve Tenant of Tenant’s obligations (including the Building obligation to pay Base Rental and additional rent under the Lease) to Landlord as determined by Landlord.
4.02. All maintenance provided in the Lease, the Expansion Date and repairthe Must-Take Expansion Date as defined in this Amendment, and any Alterationsthe Expiration Date, performed by, on behalf of or for as defined in the account of TenantLease, shall comply not be postponed; provided, however, that in the event the Tenant Improvements to be completed in the Expansion Space are not substantially completed by December 15, 2004, and Tenant has not taken delivery or otherwise occupied the Expansion Space, the Base Rental payable with respect to the following:
(a) Any Alterations require Landlord’s prior written consentExpansion Space shall ▇▇▇▇▇ until said Tenant Improvements are substantially complete or Tenant takes delivery or otherwise occupies the Expansion Space, whichever occurs first. Notwithstanding the foregoing, Landlord’s consent Tenant shall not be required for entitled to any Alterations such rent abatement if and to the extent the delay in completing the Tenant Improvements is attributable to Tenant, its employees or agents (including Tenant’s architect, if any) or any such party’s failure to comply with the provisions hereof. Landlord agrees to construct or install in the Expansion Space and the Must-Take Expansion Space the “Tenant Improvements”, as defined in and to be constructed or installed pursuant to the provisions of the Tenant Improvement Agreement which is attached hereto as Exhibit “B”, which Tenant Improvements shall not include a demising wall between the Expansion Space and the Must-Take Expansion Space. Tenant agrees to comply with all three the terms and provisions of the following criteria: Tenant Improvement Agreement, including, without limitation, the Alterations obligation to pay, as additional rent, all amounts due Landlord under Paragraph 3 thereof according to the payment provisions contained in said Paragraph 3. Upon request of Landlord, within thirty (i30) are not Major Work (as hereinafter defined), (ii) do not cost, days after the Expansion Space and the Must-Take Expansion Space has been substantially completed in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations accordance with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole Tenant Improvement Agreement, Tenant will execute and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere Tenant Acceptance Agreement in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage form attached hereto as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the PremisesExhibit “C”.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Tenant Improvements. 4.01. Tenant shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or responsible for the account design and construction of Tenant all initial improvements to prepare, equip, decorate and furnish the Premises (the “Tenant Improvement Work”) and shall use diligent efforts to cause the construction of the Tenant Improvement Work in a first class manner and in compliance with all Applicable Laws. Without limiting any other provision of this Lease, all of the provisions of this Article 9 and of Article 10 (Liens) shall apply to the Tenant Improvement Work. Landlord shall provide to Tenant a Tenant Improvement Allowance in the amount of $11.40 per square foot of Rentable Area, for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”)a total Tenant Improvement Allowance of $500,000. All Alterations Any costs in excess of the Tenant Improvement Allowance shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined paid by Landlord.
4.02Tenant. All maintenance and repair, and any Alterations, performed by, on behalf of or The Tenant Improvement Allowance shall be used for the account cost of Tenantdeveloping and constructing the improvements to the Premises as set forth in the Site Plan dated May 14, 2004 and hereby approved by Landlord (including architects, design, inspection, construction and project management costs and related services and expenses, insurance and utilities) and shall comply with not be used for any items of personal property. Landlord shall pay the following:
Tenant Improvement Allowance to Tenant after the later of: (a) Any Alterations require the date Tenant occupies the Premises and commences its business operations from the Premises, and (b) the Rent Commencement Date; provided that Tenant has provided to Landlord (x) an itemized statement of Tenant Improvement Work expenses, accompanied by reasonably detailed invoices and other supporting information as is reasonably requested by Landlord’s prior written consent, and (y) either (i) unconditional lien releases in the form required under California Civil Code Section 3262 from all contractors, subcontractors and materialmen who shall have furnished materials or supplies or performed work or services in connection with the Tenant Improvement Work or (ii) evidence that Tenant has bonded over any liens that are in good faith disputed by Tenant. In the event Tenant does not expend all of the Tenant Improvement Allowance in construction of the Tenant Improvement Work, Landlord shall pay such excess amount to Tenant with the payment of the expended Tenant Improvement Allowance pursuant to the foregoing sentence. Notwithstanding the foregoing, Landlord’s consent Landlord shall not be required for any Alterations comply with all three of have no obligation to pay the following criteria: Tenant Improvement Allowance to the Alterations extent that (i) are not Major Work (as hereinafter defined), an Event of Default by Tenant exists under this Lease; (ii) do a lien has been filed with respect to the Tenant Improvement Work that has not cost, been released (subject to Tenant’s right to bond over any liens that are in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00good faith disputed by Tenant), and ; (iii) do Tenant is not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations in compliance with the exception terms of Alterations which are Major Work all applicable permits for which Landlord may withhold its consent in its sole and absolute discretion.
the Tenant Improvement Work; or (biv) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained required under this section Lease is not in full force and effect; in each case until such Event of Default or as contemplated elsewhere in the Leasefailure to comply is cured, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premiseswhich time payment will be made.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Tenant Improvements. 4.01Sublessor agrees to lease to Sublessee and Sublessee agrees to lease from Sublessor on an "as is" basis the Manufacturing Improvements, the Utility Installations and other trade fixtures or improvements pertaining to the production or to mechanical or electrical systems ("Tenant Improvements"), including without limitation those improvements listed on EXHIBIT "C" attached hereto. Tenant shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for During the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy term of the Building Sublease, Sublessee shall bear the risk of loss with respect to the Tenant Improvements and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry obtain and maintain insurance in which insures such minimum amounts Tenant Improvements, and types all of coverage Lessee's personal property, fixtures, equipment and tenant improvements, if any, for "all risks" for the full new replacement cost value thereof without deduction for depreciation of the covered items and which policies shall name Sublessor as Landlord may reasonably require, naming Landlord an additional insured and Landlord’s agents as additional insuredsloss payee thereof. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant Sublessee shall, within twenty (20) days after completion of any Alterationsat its sole expense, repairs or maintenancekeep the Tenant Improvements in good repair, provide originalcondition and working order, fully executed final lien waivers in a form reasonably acceptable to Landlord ordinary wear and suitable for recording purposestear excepted, and shall indemnify, defend and hold harmless Sublessor, its assignees, transferees and successors and their respective employees, officers and/or agents, from each contractorand against any losses (including tax liability), subcontractorcosts, material supplier expenses, liabilities, damages, penalties and laborer that perform Alterationsdisbursements at law or in equity, repairs including attorneys' fees, imposed on or incurred by or asserted against the indemnified parties arising out of the leasing, ownership, use, possession, control, maintenance at or operation of the Premises Tenant Improvements and whose invoices exceed Ten Thousand Dollars ($10,000.00) claims for property damage, personal injury or wrongful death arising in strict liability or negligence. All indemnities contained in this Paragraph 23 shall survive the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements expiration or other directive termination of this Sublease and are expressly made for the benefit of, and shall be enforceable by, any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable lawsof the indemnified parties.
Appears in 1 contract
Sources: Sublease (Burke Industries Inc /Ca/)
Tenant Improvements. 4.01. Tenant shall perform all constructionacknowledges that in the event Tenant intends to undertake improvements or alterations to the Leased Premises following the Effective Date, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for Tenant must obtain the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoingconsent and approval of Landlord to such Improvements or alterations ("Alterations"), Landlord’s which consent shall not be required for any Alterations comply with all three of the following criteria: the unreasonably withheld so long as such Alterations (i) are nonstructural and do not Major Work (as hereinafter defined), affect the Building core or any Building systems; (ii) do affect only the Leased Premises and are not cost, in visible from outside of the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and Leased Premises; (iii) do not affect the certificate of occupancy issued for the Building; and (iv) are in compliance with applicable laws. Landlord's approval of any such Alterations may also be conditioned upon Landlord's approval of plans, contractors, major subcontractors contractor lien indemnification and terms of access for construction. Any Alterations to the Leased Premises made by Tenant shall at once become the property of Landlord and shall be surrendered to Landlord upon the termination of this Lease; provided, however, Landlord, at Its option, may require a building permitTenant to remove and/or repair any Alterations in order to restore the Leased Premises to the condition existing at the time Tenant took possession, all costs of removal and/or repair and restoration to be borne by Tenant. Landlord agrees This clause shall not apply to unreasonably withholdmoveable equipment of furniture owned by Tenant which may be removed by Tenant at the end of the term of this Lease if Tenant is not then in default and if such equipment and furniture are not then subject to any other rights, condition or delayliens and interests of Landlord. Following the completion of the initial leasehold improvements, its consent to all Alterations must be in accordance with the exception requirements of Alterations which are Major Work this Lease. Tenant, at its expense, shall I obtain all necessary governmental permits and certificates for which Landlord may withhold its consent in its sole the commencement and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost prosecution of the Alterations repairs or maintenance, together with a certificate of insurance and for such contractors, subcontractors, material suppliers final approval thereof upon completion and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in shall cause the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause Alterations to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, performed in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, the requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable lawsgovernmental authorities, All Alterations shall be diligently performed in a good and workmanlike manner, using materials and equipment at least equal in quality and class to the original installations of the Leased Premises.
Appears in 1 contract
Tenant Improvements. 4.01As of the Amendment Date, Section 5 of the Lease is hereby deleted in its entirety and replaced with the following: As of the Effective Date, the City and its agents, employees, vendors, and/or contractors are permitted to access and make improvements to the Property including, but not limited to: (i) the installation of a temporary parking surface, such as crushed shell, stone, ▇▇▇▇▇▇▇▇ or asphalt and the installation of curb stops to aid in marking and identifying the parking spaces; (ii) the alteration, removal, and replacement of landscaping, irrigation and fencing; (iii) the replacement of the north and west retaining walls; (iv) the installation of additional light fixtures on the Property to enhance lighting;
(v) painting the approximately 8,084 sq. ft. structure located on the Property (the “Structure”); and (vi) any necessary maintenance, repairs and improvements to the Structure to allow for its use by the City as permitted by Section 6 herein (the “Tenant Improvements”). In connection with the Tenant Improvements, the City shall perform be responsible at its sole cost and expense for such Tenant Improvements and the work more particularly described on Exhibit “D” attached hereto (the “City’s Work”) and incorporated herein by reference. The City may install, at its sole cost and expense, any necessary signage to identify the Property as a public parking facility, to identify designated parking spaces, to identify handicapped parking spaces, to impose any rules or restrictions on the use of the Property for public parking as the City in its sole but reasonable discretion deems necessary or appropriate, and any other signage the City deems necessary or appropriate. The City, in its sole but reasonable discretion, may establish any rules or regulations for use of the Property for public parking, including but not limited to the hours of use, the length of time someone may park on the Property, vehicles that are permitted to park on the Property, and any charges that may be imposed for parking on the Property. If the City chooses to impose any fees for parking on the Property, all constructionfees collected shall be retained by the City. The City may allow others to operate the Property for public parking on the City’s behalf, improvementsincluding collecting any charges the City may impose for parking on the Property. The City shall be solely responsible for engaging and compensating all consultants, surveyors, engineers, and other contractors related to the Tenant Improvements, and shall control all design aspects of the Tenant Improvements. Except as otherwise provided herein, the City shall not make any alterations, additions, modifications, decorations and alterations that may be proposed or undertaken by or for improvements to the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require LandlordProperty without Owner’s prior written consent. Notwithstanding the foregoing, Landlord’s which consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned conditioned, or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Sources: Parking Facility Lease
Tenant Improvements. 4.01. Tenant Landlord, at Landlord’s sole cost and expense, shall perform all construction, improvements, additions, modifications, decorations such work and alterations that may be proposed or undertaken by or for the account of Tenant to prepare, equip, decorate and furnish make such installations in the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“AlterationsLandlord’s Work” or the “Work”)) as are designated in Exhibit B (“Plans and Accepted Proposal”) attached hereto and incorporated herein by reference. All Alterations Additional work requested by Tenant in addition to Landlord’s Work described in Exhibit B shall be at Tenant’s sole cost and expense. Except as expressly set forth in conformity with the standards of quality of constructionExhibit B, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and Landlord has made no promise to alter, remodel, clean, decorate, repair, or improve the Premises. In addition, Tenant acknowledges and any Alterations, performed by, on behalf of or for agrees that the account of Tenant, shall comply with the following:
(a) Any Alterations require following are not included in Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteriaWork: the Alterations (i) are not Major Work (as hereinafter defined)painting of warehouse deck, (ii) do not costinstallation of one (1) glass pane in wall at entryway, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a installation of four (4) glass panes cut into building permitexterior in work area behind entryway, (iv) relocation of two (2) sound booths, or (v) installation of thirteen (13) new work stations. In the event Tenant requires any such additional work, it shall be at Tenant’s sole cost and expense. All Work (whether Landlord’s Work or otherwise) shall be done during normal business hours, provided that Landlord agrees in all instances to use commercially reasonable efforts to avoid unreasonable disruption to Tenant’s business and to cooperate with Tenant to ensure that Landlord’s Work is done in a manner that reasonably minimizes interference with Tenant’s business. In connection therewith, Landlord agrees to cause such Work to be done as early as reasonably possible and will consult with Tenant prior to each phase (as described below) of Landlord’s Work in a reasonable good faith effort so as to avoid interfering with Tenant’s business (the foregoing shall include, but not be limited to, efforts to unreasonably withholdminimize the interference caused by any demolition work associated with Phase I of Landlord’s Work described below by, condition or delayfor example, its consent causing such demolition work to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayedas early as possible within normal business hours).
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Sources: Lease (Makemusic, Inc.)
Tenant Improvements. 4.01Landlord is providing a tenant improvement allowance of $50,000 in the form of a front end abatement of Base Rent for the Building 5 Leased Premises, referenced in Paragraph 3 of this Second Amendment. Tenant agrees to spend a minimum of $35,000 on Building 4 first floor ceiling and system improvements. Tenant shall perform bear all construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for the account costs of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of reconfiguring the Building 4 Leased Premises and its cost expansion, including, but not limited to, architectural and engineering costs, costs of construction (including management and oversight), installation, preparation of utilities and HVAC systems and controls. The tenant improvements to the Building 4 Leased Premises and the overall aesthetic of Building 5 Leased Premises are described in the Building as determined by Landlord.
4.02. All maintenance and repairexhibits attached hereto, and any AlterationsLandlord hereby consents to the same. Any additional tenant improvements must be approved by the Landlord in writing in advance, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent which approval shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
. Landlord hereby represents that, to its best knowledge, any and all asbestos has been removed and/or abated in previous renovations of the Building 4 Leased Premises and the Building 5 Leased Premises. It shall not be unreasonable for Landlord to withhold its approval or require modifications to the design or installation of any mechanical, electrical or other systems which (di) interconnect to or could affect or be affected by mechanical, electrical, HVAC or other Building systems or (ii) may disturb, affect or be affected by abated asbestos known to the Landlord. If the Landlord approves modifications proposed by the Tenant shall, in advance, deliver on the basis that there is no asbestos (whether or not previously abated) known to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborersLandlord, and a breakdown asbestos (whether or not abated) is nonetheless discovered during the completion of the aggregate total cost tenant improvements, Landlord shall be responsible, at its sole cost, for the removal or the abatement of the Alterations repairs or maintenanceasbestos, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, determined in a good and workmanlike manner in accordance with plans approved by Landlord and its sole discretion in accordance with all applicable laws. If the Landlord determines that modifications proposed by the Tenant may disturb, codesaffect or be affected by abated asbestos known to the Landlord, statues, requirements then the Landlord will approve such proposed modifications only if the Tenant agrees as part of the proposal to pay all costs of the removal or other directive abatement of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply such asbestos in accordance with all applicable laws.
Appears in 1 contract
Sources: Lease (Vion Pharmaceuticals Inc)
Tenant Improvements. 4.01Except as provided for herein, and excluding Landlord’s Work, any and all improvements or changes to the Premises which Tenant desires to make shall be at Tenant's sole cost and expense, require ▇▇▇▇▇▇▇▇'s prior written approval, which approval will not be unreasonably withheld or delayed, and shall be done under a City of Fort Lauderdale Building Permit to be obtained by Tenant at Tenant's sole cost and expense. In no event shall any Tenant improvements to the Premises cause any damage to the Property or the building containing the Premises. Any and all Tenant improvements shall perform be done in compliance with all construction, improvements, additions, modifications, decorations applicable building and alterations that may land development code regulations. Landlord or Landlord's agents shall be proposed or undertaken by or permitted access to the Premises upon reasonable advance notice to Tenant for the account purpose of Tenant to prepare, equip, decorate and furnish inspecting the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity work or communicating with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of person or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consentpersons providing said work or materials to assist Landlord in making sure that these provisions are being complied with. Notwithstanding the foregoing, Landlord and/or Landlord’s consent shall not be required for 's agent is under no duty to supervise any Alterations comply of said Tenant's improvements, nor make any opinion as to whether said work is being properly done properly and/or in compliance with all three the provisions of the following criteria: building code or other governmental regulations. Notwithstanding anything to the Alterations contrary contained herein, Tenant may make normal, routine, non-structural alterations, which consist of interior painting, normal maintenance, wall and window treatments, interior lighting fixtures, interior signs, floor treatments and similar minor changes, without the consent of Landlord. Any and all additions, fixtures or improvements which may be made or installed by Tenant (i) are not Major Work (as hereinafter defined)except movable furniture, (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00)equipment, and (iiiother personal property of Tenant) do not require shall become the property of the Landlord and remain upon the Premises as a building permit. Landlord agrees not to unreasonably withholdpart thereof, condition or delay, its consent to Alterations and be surrendered with the exception Premises at the termination of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must notthis Lease, individually or in at the aggregate, lessen the value option of the Building Landlord. If Landlord elects to allow Tenant to remove such fixtures or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractorsadditions, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved any damage caused by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable lawssuch removal.
Appears in 1 contract
Tenant Improvements. 4.01Tenant agrees that it currently occupies, and shall continue to occupy, the Revised Complete Premises in its "as is" condition without any further improvements thereto except as otherwise provided herein. Tenant shall perform all Landlord shall, subject to the terms herein, supervise the construction and installation of the initial improvements in the 2006 Expansion Space (the 2006 Improvements") in accordance with Tenants plans and specifications for the design, construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy installation of the Building and 2006 Improvements (the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined"Plans"), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), as such plans have been reviewed and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by LandlordLandlord and Tenant, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, . Landlord shall substantially complete the 2006 Improvements in advance, deliver to Landlord the name accordance with said Plans and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner manner, such substantial completion to be certified by Landlords engineer. Landlord shall contribute up to a maximum of Seventeen and No/100 Dollars ($17.00) per rentable square foot of the 2006 Expansion Space (the 2006 Expansion Allowance toward only the following costs: (i) any cost of installing the 2006 Improvements on an "as completed" basis which is performed in accordance with plans approved the Plans and related to the work to be done for the purpose of preparing the 2006 Expansion Space for Tenants occupancy and use, (ii) the cost of preparing the Plans, (iii) design costs for architectural, mechanical, plumbing and electrical design, (iv) construction documents and permits, and (v) a construction management fee equal to four percent (4%) of the total cost of constructing the 2006 Improvements to be paid to Landlord; provided, however, in no event shall the 2006 Expansion Allowance be used for any costs associated with Tenant's personal property, equipment, trade fixtures or other items of a non-permanent nature installed in the 2006 Expansion Space, including without limitation, telephone and data cable lines. In the event that either prior to the commencement of the installation of the 2006 Inprovements or at any time during or following the installation of the 2006 Improvements, the cost of the 2006 Improvements exceeds the 2006 Expansion Allowance or Tenant requests any change to the aforementioned Plans which has resulted or might result in an increase in the cost of the installation of such 2006 Improvements so that the cost exceeds the 2006 Expansion Allowance, then Tenant shall be exclusively responsible for the payment of such amount and shall promptly deliver the necessary funds to defray such excess cost to Landlord no later than fifteen (15) days after Landlord demands same. Notwithstanding the foregoing, any change order(s) requested by Tenant which will result in an increase in the cost of the construction and installation of the 2006 Improvements shall be agreed to in advance by Landlord and in accordance with all lawsTenant, codes, statues, requirements or other directive and Tenant shall be obligated to pay Landlord an additional construction management fee relative to such change order(s) equal to four percent (4%) of any governmental increase in the cost of the construction and installation of the Tenant Improvements. Any savings or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdictionunused portion of the 2006 Expansion Allowance after the 2006 Improvements are completed shall be made available to Tenant for additional permanent improvements to the Revised Complete Premises. Tenant warrants acknowledges that all Alterations, when completed, will comply Landlord may be supervising the construction of the 2006 Improvements while Tenant occupies the 2006 Revised Premises and Landlord agrees that it shall use reasonable efforts to minimize any interference with all applicable lawsTenants business operations within the 2006 Revised Premises while constructing such improvements.
Appears in 1 contract
Sources: Lease (Cross Country Healthcare Inc)
Tenant Improvements. 4.01The Fifth Expansion Space shall be delivered by ------------------- Landlord to Tenant in its "as-is" broom-clean condition with existing carpet as of the Fifth Expansion Space Commencement Date, except as provided in Sections 2(b) and 3 above, without any representations or warranties of any kind. Tenant agrees and acknowledges that Landlord shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed have no obligation to make any repairs or undertaken by improvements whatsoever to the Fifth Expansion Space (or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy Building or any portion of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repairExisting Premises), and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteriaexcept that Landlord shall: the Alterations (i) are not Major Work (provide all electrical, plumbing, HVAC and roof systems within the Fifth Expansion Space in good working condition as hereinafter defined)of the Fifth Expansion Space Commencement Date, (ii) do not cost, in repaint the aggregate, more than Twenty Five Thousand Dollars ($25,000.00)interior of the Fifth Expansion Space, and (iii) do not require a building permitprovide to Tenant the "Tenant Improvement Allowance" (as described in the ---------------------------- "Tenant Improvement Agreement" attached hereto as Exhibit B), subject to the ---------------------------- --------- terms and conditions set forth in the Tenant Improvement Agreement (including the increase to the Fifth Expansion Space Base Monthly Rent described therein if Tenant uses any portion of the Tenant Improvement Allowance). Landlord agrees not to unreasonably withholdExcept as expressly noted above, condition Tenant shall be solely responsible for performing all other improvements within the Building and the Fifth Expansion Space that are desired by Tenant or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole necessary to comply with applicable Laws. Tenant further agrees and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in acknowledges that the aggregate, lessen Fifth Expansion Space Commencement Date shall not be dependent upon the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, of the foregoing repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars improvements ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.including those which are Landlord's responsibility
Appears in 1 contract
Sources: Lease (Pericom Semiconductor Corp)
Tenant Improvements. 4.01Tenant may remove its trade fixtures, office supplies and movable office furniture and equipment not attached to the building provided: (a) such removal is made prior to the termination of the term of this Lease; (b) Tenant is not in default of any obligation or covenant under this Lease at the time of such removal; and (c) Tenant promptly repairs all damage caused by such removal. All other property at the Leased Premises and any alterations or additions to the Leased Premises (including wall-to-wall carpeting, paneling or other wall covering) and any other article attached or affixed to the floor, wall or ceiling of the Leased Premises shall become the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof at the termination of this Lease by lapse of time or otherwise, Tenant shall perform hereby waiving all constructionrights to any payment or compensation therefor. If, improvementshowever, Landlord so requests in writing, Tenant will, prior to termination of this Lease, remove any and all alterations, additions, modificationsfixtures, decorations equipment and alterations property placed or installed by it in the Leased Premises and will repair any damage caused by such removal. Notwithstanding anything herein contained in this Lease Agreement to the contrary, Tenant shall be permitted to remove any and all furniture, ceiling fans, draperies, file and storage cabinets and shelves which he installs and/or attaches to the Leased Premises (excepting those that may be proposed or undertaken provided by or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”Landlord). All Alterations It is agreed, however, that Tenant shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or responsible for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with repairing all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required damages caused by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable lawssuch removal.
Appears in 1 contract
Sources: Lease Agreement (American Telesource International Inc)
Tenant Improvements. 4.01Landlord shall, at its sole cost, supervise the construction of tenant improvements (the “Tenant Improvements”) requested by Tenant and approved by Landlord in accordance with this Tenant Work Letter. Tenant shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy The scope of the Building initial Tenant Improvements (the “Initial Tenant Improvements”) shall consist of: (i) new carpet and paint in the Suite 50 Space; and (ii) new carpet and paint in the Suite 200 Space and the overall aesthetic Suite 210 Space. The scope of the Building as determined by Landlord.
4.02. All maintenance access and repair, and any Alterations, performed by, on behalf of or for non-structural reconfiguration Tenant Improvements (the account of Tenant, “Access/Reconfiguration Tenant Improvements”) shall comply with the following:
consist of: (a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three non-structural reconfiguration of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, certain offices and rooms in the aggregateSuite 200 Space, more than Twenty Five Thousand Dollars ($25,000.00)the Suite 210 Space, and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
Suite 50 Space; (b) Any Alterations or repair or maintenance performed by or on behalf at Tenant’s election, an internal staircase between the Suite 150 Space and the Suite 50 Space (“Access TI”), the location of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
which shall be mutually acceptable to both Landlord and Tenant; and (c) All Major Work potentially replacing Suite 50 exterior patio entry double doors with folding glass doors to widen the opening for hosted events. The scope of the Tenant Improvements shall not include changes or modifications to the structure of the Building, the roof, and/or any base building system located in the Building. Subject to Landlord’s obligation to pay for exterior code compliance (exterior being the common areas and path of travel to Building) at Landlord’s sole cost, the Tenant Improvements (including any building code upgrades required within the Premises as a result of the construction of the Tenant Improvements) shall be performed constructed by contractors, engineers and/or architects approved by Landlord, such approval not Contractor at Tenant’s sole cost. The Tenant Improvements shall be constructed with materials and finishes consistent with the existing materials and finishes in the Building. Landlord shall have the right to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord require the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown removal of the aggregate total cost Tenant Improvements (or any portion thereof) and restoration of the Alterations repairs or maintenance, together with Premises as a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner result thereof in accordance with plans approved by Section 8 of the Lease Agreement; provided, however, Tenant shall provide Landlord and in accordance with all laws, codes, statues, requirements or other directive written notice at least one hundred twenty (120) days prior to the end of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, the term to ascertain whether Landlord will comply with all applicable lawsrequire the removal of the Access TI.
Appears in 1 contract
Sources: Lease Agreement (Dermira, Inc.)
Tenant Improvements. 4.01A. Any and all improvements to and remodeling of the Leased Premises required pursuant to this Lease or otherwise (the "Tenant Improvements") including, without limitation, the initial Tenant Improvements (hereinafter defined), shall be performed by (i) Tenant at Tenant's sole cost and expense, (ii) in accordance with applicable Laws and in accordance with plans and specifications approved by Landlord and the terms of this Lease (including, without limitation, Exhibit B), (iii) in a first-class workmanlike manner with first-class materials, (iv) by duly qualified or licensed persons, and (v) without interference with the operation of Landlord or other occupants of the Shopping Center. Upon receipt of Landlord's written approval of such plans and specifications, Tenant shall promptly commence and diligently pursue to completion the construction of the initial Tenant Improvements by the Commencement Date. If Tenant shall enter the Leased Premises prior to the Commencement Date, then Tenant shall perform all constructionduties and obligations imposed by this Lease including, without limitation, the obligation to pay all Utility Charges, but excepting its obligation to pay Minimum Rent, Tax Rent and Tenant's Proportionate Share of Landlord's Operating Costs, all of which shall accrue from and after the Commencement Date.
B. The initial Tenant Improvements shall mean and include, without limitation, all improvements, additions, modifications, decorations remodeling and alterations that may be proposed or undertaken redecorating required by or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Landlord in connection with Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building Leased Premises, which shall include, as applicable, all required demolition, and the overall aesthetic removal of all debris, the Building as determined by Landlord.
4.02. All maintenance furnishing and repairinstallation of new partition and ceiling framing, and any Alterationsnecessary floor filling and leveling, performed bynew wall, floor and ceiling treatments and finishes, new lighting systems and electrical outlets, new internally illuminated signage including one (1) sign at the storefront, one (1) sign at the rear of the Leased Premises, and one (1) sign each on behalf of or for the account of TenantFreeway pylon sign and the Kingston Pike pylon sign (such signs are subject to Landlord's approval and all applicable Laws) and new store displays, shall comply equipment and interior fixturing and furnishing all in accordance with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing's specifications, Landlord’s consent shall not be required for any Alterations comply set forth in Exhibit B, together with all three of necessary modifications to the following criteria: existing storefront and entrance doors, and the Alterations (i) are not Major Work (mechanical, plumbing, and electrical systems, fire protection systems and HVAC systems within the Leased Premises and providing service to the Leased Premises, as hereinafter defined), (ii) do not costrequired by all applicable Laws or necessary to accommodate the initial Tenant Improvements. Subject to any applicable Law, in the aggregateevent of a direct conflict between the final plans and specifications for the initial Tenant Improvements, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects finally approved by Landlord, and the construction provisions contained in this Lease (including, without limitation, Exhibit B), the final Landlord approved plans and specifications shall control Tenant's construction of the initial Tenant Improvements and shall supersede any directly inconsistent construction provisions contained in this Lease (including, without limitation, Exhibit B), but only to the extent the approved plans and specifications deal with an item specifically. Subject to the last sentence of this paragraph, prior to the Possession Date, Landlord shall perform all work at its sole cost and expense necessary to put the HVAC system in the Leased Premises in working order and condition (the "HVAC Work"). From and after the Possession Date and continuing through the remainder of the Term, any and all servicing, maintenance, repair and replacement of the HVAC system in the Leased Premises (including, without limitation, any modifications to such approval not HVAC system required to be unreasonably withheld, conditioned cause such HVAC system to comply with applicable Laws or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address required as a result of Tenant's contractors, subcontractors, material suppliers initial Tenant Improvements) shall be the sole responsibility of Tenant and laborers, shall be at Tenant's sole cost and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premisesexpense.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Sources: Lease Agreement (First Capital Income Properties LTD Series Viii)
Tenant Improvements. 4.01The tenant improvement work (“Tenant Improvements”) shall consist of any work required to complete the Premises pursuant to approved plans and specifications. Subject to the terms of this Work Letter below, the Tenant Improvements may include additional doors and a loading area adjacent to the Buildings. Tenant shall perform employ its own architect and general contractor in constructing the Tenant Improvements. The general contractor shall be selected and engaged by ▇▇▇▇▇▇ on the basis of a competitive bid involving 3 general contractors mutually approved by Landlord and ▇▇▇▇▇▇ in writing. The work shall be undertaken and prosecuted in accordance with the following requirements:
A. Concurrently with sign-off by Tenant, the space plans, construction drawings and specifications for all constructionimprovements and finishes, together with any changes thereto, shall be submitted to Landlord (with samples as required) for review and approval by ▇▇▇▇▇▇▇▇ and its architect for the Project. To the extent applicable, the build-out of the Tenant Improvements shall include Landlord’s building standard tenant improvements, additions, modifications, decorations materials and alterations that may be proposed or undertaken by or specifications for the account Project. Should Landlord approve work that would necessitate any ancillary Building modification or other expenditure by Landlord, then except to the extent of any remaining balance of the “Landlord Contribution” as described below, Tenant shall, in addition to prepareits other obligations herein, equippromptly fund the cost thereof to Landlord.
B. All construction drawings prepared by ▇▇▇▇▇▇’s architect shall follow Landlord’s CAD standards, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations which standards shall be in conformity with provided to Tenant or its architect upon request.
C. Landlord shall, subject to the standards foregoing, approve or disapprove any submittal of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined plans or specifications by Tenant within 5 business days following receipt thereof by Landlord.
4.02▇. ▇▇▇▇▇▇ shall use the electrical, mechanical, plumbing and fire/life safety engineers and subcontractors designated by Landlord. All maintenance and repairother subcontractors shall be subject to Landlord’s reasonable approval, and any Alterations, performed by, on behalf Landlord may require that the drywall and acoustical ceiling contractors be union contractors.
▇. ▇▇▇▇▇▇ shall deliver to Landlord a copy of or the final application for permit and issued permit for the account construction work.
▇. ▇▇▇▇▇▇’s general contractor and each of Tenant, its subcontractors shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (requirements as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or generally imposed on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by third party contractors, engineers and/or architects approved by Landlord, such approval not including without limitation all insurance coverage requirements and the obligation to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current furnish appropriate certificates of insurance to Landlord prior to performance commencement of construction.
G. A construction schedule shall be provided to Landlord prior to commencement of the construction work, and weekly updates shall be supplied during the progress of the work.
▇. ▇▇▇▇▇▇ shall give Landlord 10 days prior written notice of the commencement of construction so that Landlord may cause an appropriate notice of non-responsibility to be posted.
▇. ▇▇▇▇▇▇ and its general contractor shall attend weekly job meetings with ▇▇▇▇▇▇▇▇’s construction manager for the Project.
J. Upon completion of the work, Tenant shall cause to be provided to Landlord (i) as-built drawings of the Premises signed by ▇▇▇▇▇▇’s architect, (ii) CAD files of the improved space compatible with Landlord’s CAD standards, (iii) a final punchlist signed by ▇▇▇▇▇▇, (iv) final and unconditional lien waivers from all contractors and subcontractors, (v) a duly recorded Notice of Completion of the improvement work, and (vi) a certificate of occupancy for the Premises (collectively, the “Close-out Package”). Should Tenant fail to provide complete CAD files compatible with Landlord’s standards as required herein, Landlord may cause its architect to prepare same and the cost thereof shall be reimbursed to Landlord by Tenant within 10 days of invoice therefor.
K. The work shall be prosecuted at all times in accordance with all state, federal and local laws, regulations and ordinances, including without limitation all OSHA and other safety laws.
L. All of the provisions of this Lease shall apply to any work at activity of Tenant, its agents and contractors, in the Premises prior to the Commencement Date, except for the obligation of Tenant to pay rent.
M. It is understood that the Tenant Improvements shall be done during ▇▇▇▇▇▇’s occupancy of the Premises and, in this regard, ▇▇▇▇▇▇ agrees to assume any risk of injury, loss or damage which may result. Tenant further agrees that it shall be solely responsible for relocating its office equipment and furniture in the Premises in order for the foregoing Tenant Improvements to be completed in the Premises, that the Commencement Date of the Lease is not conditioned upon nor shall such Date be extended by the completion of the foregoing Tenant Improvements, and that no rental abatement shall result while the foregoing Tenant Improvements are completed in the Premises.
▇. ▇▇▇▇▇▇’s consultants, contractors, sub-contractors and vendors shall receive free parking during the design, construction of the tenant improvements, furniture installation and move-in. Tenant shall not be charged for: freight elevators, utilities or temporary HVAC (eduring normal business hours unless after hours’ work is requested by Landlord) during design, construction, furniture installation or Tenant’s move into the Buildings. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any work performed by ▇▇▇▇▇▇, nor shall Landlord be responsible for repairing any defective condition therein. In no event shall Tenant’s failure to complete the Tenant Improvements extend the Commencement Date of the Lease. Landlord shall, within twenty at Landlord’s sole cost and expense, prior to the Commencement Date, remove from the 15515 Building: (20i) days after completion of any Alterationsgenerator transfer switch, repairs or maintenance(ii) UPS 40 battery cabinet (which may remain if same is reasonably able to be disconnected from the generator transfer switch), provide original(iii) all server room HVAC chilled water units and lines, fully executed final lien waivers in (iv) six (6) abandoned HVAC split units, (v) all voice and data cabling on all floors, (vi) access control system and CCTV cameras (exterior and interior), and (vii) all AV equipment on all floors. Landlord shall, at Landlord’s sole cost and expense construct a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) multi-tenant lobby in the aggregate.
(f) Tenant shall perform15525 Building, or cause to be performed, and all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, finishes utilized in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable lawsconstructing same shall be Landlord's building standard.
Appears in 1 contract
Sources: Lease (Axonics, Inc.)
Tenant Improvements. 4.01. Tenant shall perform all constructiontakes and accepts the Expansion Space from Landlord in its present as-is condition and as suited for the use intended by Tenant, improvements, additions, modifications, decorations and alterations that except for such improvements as may be proposed expressly provided for in the Tenant Improvement Agreement attached hereto and made a part hereof as Exhibit "B ." If, for any reason whatsoever, the " Tenant Improvements ," as defined in the Tenant Improvement Agreement, to be completed in the Expansion Space are not substantially completed by January 1, 2 004, the Lease (including this Amendment) shall not be void or undertaken by voidable, and Landlord shall not be liable to Tenant for any resulting loss or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”)damages resulting therefrom. All Alterations shall be No delay in conformity with the standards of quality of construction, tenant occupancy delivery of the Building Tenant Improvements to be completed in the Expansion Space shall operate to relieve Tenant of Tenant’s obligations (including the obligation to pay Base Rental and additional rent under the Lease) to Landlord as provided in the Lease, and the overall aesthetic of the Building Expansion Date, as determined by Landlord.
4.02. All maintenance and repairdefined in this Amendment, and any Alterationsthe Expiration Date, performed by, on behalf of or for as defined in the account of TenantLease, shall comply not be postponed; provided, however, that in the event the Tenant Improvements to be completed in the Expansion Space are not substantially completed by January 1, 2004 and Tenant has not taken delivery or otherwise occupied the Expansion Space, the Base Rental payable with respect to the following:
(a) Any Alterations require Landlord’s prior written consentExpansion Space shall ▇▇▇▇▇ until said Tenant Improvements are substantially complete or Tenant takes delivery or otherwise occupies the Expansion Space. Notwithstanding the foregoing, Landlord’s consent Tenant shall not be required for entitled to any Alterations such rent abatement if and to the extent the delay in completing the Tenant Improvements is attributable to Tenant, its employees or agents (including Tenant’s architect, if any) or any such party’s failure to comply with the provisions hereof. Landlord agrees to construct or install in the Expansion Space the " Tenant Improvements ," as defined in and to be constructed or installed pursuant to the provisions of the Tenant Improvement Agreement, which is attached hereto as Exhibit "B ." Tenant agrees to comply with all three the terms and provisions of the following criteria: Tenant Improvement Agreement, including, without limitation, the Alterations obligation to pay, as additional rent, all amounts due Landlord under Paragraph 3 thereof according to the payment provisions contained in said Paragraph 3. Upon request of Landlord. within thirty (i30) are not Major Work (as hereinafter defined), (ii) do not cost, days alter the Expansion Space has been substantially completed in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations accordance with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole Tenant Improvement Agreement, Tenant will execute and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere Tenant Acceptance Agreement in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage form attached hereto as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the PremisesExhibit "C .
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws."
Appears in 1 contract
Tenant Improvements. 4.01Landlord agrees to construct certain improvements (the “Tenant Improvements”) in the Suites, at Landlord’s sole cost and expense, as follows:
A. All Suites: Landlord shall provide openings between all three Suites to allow access throughout all three Suites.
B. Suite 855: Landlord shall have no obligation to improve, remodel, alter, refurbish or otherwise change the condition or configuration of Suite 855, Tenant hereby agreeing to take Suite 855 in its currently existing “AS-IS WHERE-IS” condition.
C. Suite 860: Landlord shall install new Building standard carpeting in a Building standard color throughout Suite 860 and shall repaint all interior walls in Suite 860 with one (1) coat of Building standard paint in a Building standard color.
D. Suite 880: Landlord shall install new Building standard carpeting in a Building standard color throughout Suite 880 and shall repaint all interior walls in Suite 880 with one (1) coat of Building standard paint in a Building standard color. Tenant In addition, Landlord shall perform all constructionconstruct an enclosed kitchen area with a sink, improvements, additions, modifications, decorations counters and alterations that may be proposed or undertaken by or cabinets in Suite 880 where plumbing is already stubbed out for the account such facilities. The design and finishes of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations such kitchen shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building standard as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or The Tenant Improvements for each Suite shall be deemed to be “Substantially Completed” when Landlord has delivered written notice to Tenant stating that the account of Tenant, shall comply Tenant Improvements for a particular Suite have been substantially completed in accordance with the following:
(a) Any Alterations require Landlordprovisions of this Paragraph 6, except for “punch list” items which may be completed without materially impairing Tenant’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three use of the following criteria: particular Suite; In the Alterations event that the cost of constructing such Tenant Improvements (iexclusive of the cost of plans, permits and fees, if any) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more is less than Twenty Five Forty Seven Thousand Eight Hundred Seventy-Six Dollars ($25,000.0047,876.00) (hereinafter, the “Construction Allowance”), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value shall make any unused portion of the Building or Property or adversely affect Construction Allowance, up to the usefulness total amount of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Eight Hundred Dollars ($10,000.00800.00), available to Tenant for use in constructing future permanent improvements to the Premises (the “Future Improvements”), provided that Tenant notifies Landlord in writing of its intent to use the unused portion of the Construction Allowance (not to exceed the sum of $800.00) in for Future Improvements on or before January 31, 2004, which notice shall specify the aggregatenature of the Future Improvements Tenant intends to construct; and further provided that any such construction of Future Improvements is completed on or before March 1, 2004.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Sources: Office Lease (Tercica Inc)
Tenant Improvements. 4.01. Tenant shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consentTenant takes and accepts the New Space from Landlord in its present as-is condition and as suited for the use intended by Tenant, except for such improvements as may be expressly provided for in the Tenant Improvement Agreement attached hereto and made a part hereof as EXHIBIT "B." No delay in delivery of the Tenant Improvements shall render the Lease (including this Amendment) void or violable, nor shall Landlord be liable to Tenant for any loss or damages resulting therefrom. No such delay shall operate to relieve Tenant of Tenant's obligations (including the obligation to pay Base Rental and additional rent under the Lease) to Landlord as provided in the Lease, and the Expansion Date and the Expiration Date, as defined in this Amendment, shall not be postponed. Notwithstanding the foregoing, the Base Rental payable with respect to the New Space shall abat▇ ▇▇▇ the time period beginning on the date that Landlord’s consent 's Contractor commences construction of the Tenant Improvements and ending on the earlier of (i) the date on which said Tenant Improvements are substantially complete or Tenant takes delivery of or otherwise occupies the New Space or (ii) the date which is sixty (60) days after the commencement of construction of said Tenant Improvements; provided, however, that Tenant shall not be required for entitled to any Alterations such rent abatement if and to the extent that any delay in completing the Tenant Improvements is attributable to Tenant, its employees or agents, or any such party's failure to comply with the provisions hereof, and provided further that Tenant shall be entitled to no such rent abatement at any time during which Tenant occupies all three or a portion of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretionNew Space.
(b) Any Alterations Landlord agrees to construct or repair or maintenance performed by or on behalf of Tenant must not, individually or install in the aggregate, lessen Premises the value "Tenant Improvements," as defined in and to be constructed or installed pursuant to the provisions of the Building or Property or adversely affect Tenant Improvement Agreement which is attached hereto as EXHIBIT "B". Subject to the usefulness terms of paragraph 4(a) above, Landlord agrees to use its reasonable good faith efforts to cause Landlord's Contractor to commence construction of the Building or Property as Tenant Improvements within ten (10) business days after a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not building permit is issued with respect to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborerssame, and to complete said Tenant Improvements within a breakdown reasonable period of time thereafter, taking into account the nature and extent of said Tenant Improvements. Tenant agrees to comply with all the terms and provisions of the aggregate total cost of Tenant Improvement Agreement, including, without limitation, the Alterations repairs or maintenanceobligation to pay, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insuredsrent, all amounts due Landlord under Paragraph 3 thereof according to the payment provisions contained in said Paragraph 3. Tenant’s contractors shall deliver current certificates Upon request of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shallLandlord, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner has been substantially completed in accordance with plans approved by the Tenant Improvement Agreement, Tenant will execute and deliver to Landlord and a Tenant Acceptance Agreement in accordance the form attached to the Lease, dated October 23, 1991, as Exhibit "B" thereto. All other Landlord allowances provided in the Lease with all laws, codes, statues, requirements respect to the Existing Premises or other directive of any governmental the New Space shall have no further force or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable lawseffect.
Appears in 1 contract
Sources: Lease Agreement (E3 Corp)
Tenant Improvements. 4.01a. Possession of areas of the Additional Premises necessary for utilities, services, safety and operation of the New Building is reserved to Landlord.
b. Tenant shall cause to be constructed the tenant improvements in the Additional Premises (the “Tenant Improvements”) pursuant to the Work Letter attached as Exhibit B hereto at a cost to Landlord (the “Tenant Improvement Allowance”) not to exceed Thirty Dollars ($30) per rentable square foot of Additional Premises. The Total TI Allowance (as defined below) shall be used solely to pay the costs of (i) construction, (ii) project management by Landlord (which fee shall not exceed two percent (2%) of the Total TI Allowance, (iii) third party project management fees, (iv) IT installation, (v) space planning, architect, engineering and other related services and (vi) building permits and other planning and inspection fees. If the total cost of the Tenant Improvements exceeds the Total TI Allowance, then the overage shall be paid promptly by Tenant. Tenant shall perform all constructionhave until December 31, improvements2007, additionsto expend the unused portion of the Total TI Allowance, modificationsafter which date Landlord’s obligation to fund such costs shall expire. If Tenant does not utilize the entire Tenant Improvement Allowance, decorations and alterations that may be proposed or undertaken by or monthly Base Rent for the account of Tenant to prepare, equip, decorate and furnish the Additional Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be decreased as of January 1, 2008, by the amount of such unused Tenant Improvement Allowance, amortized on a straight line basis over the period commencing on January 1, 2008, and ending on the Expiration Date; provided, however, that Tenant shall be required, no later than December 31, 2007, to, in conformity accordance with Landlord’s building standards, (x) construct at least one (1) module of laboratory improvements in the currently unfinished portion of the Additional Premises and (y) finish construction (including, without limitation, drywall, repainting of interior walls and replacement of carpeting) of office improvements in the current office portion of the Additional Premises.
c. In addition to the Tenant Improvement Allowance, Landlord shall make available to Tenant Ten Dollars ($10) per rentable square foot (the “Additional TI Allowance” and, collectively with the standards Tenant Improvement Allowance, the “Total TI Allowance”) of quality Additional Premises to construct the Tenant Improvements. Tenant shall pay to Landlord, as Additional Rent, the Additional TI Allowance amortized over the Lease Term with respect to the Additional Premises at an interest rate of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlordnine percent (9%).
4.02. All maintenance d. Tenant shall select the architect, engineer, general contractor and repairmajor subcontractors performing the Tenant Improvements, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require subject to Landlord’s prior written consent. Notwithstanding the foregoingapproval, Landlord’s consent which approval Landlord shall not unreasonably withhold.
e. Notwithstanding any other provision herein or in the Lease to the contrary, (a) with regard to the Additional Premises, Tenant shall be required responsible for any Alterations comply all liabilities, costs and expenses arising out of or in connection with all three the compliance of the following criteria: Tenant Improvements with the Alterations Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (i) are not Major Work (as hereinafter defined)together with regulations promulgated pursuant thereto, (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00“ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (iiiincluding reasonable attorneys’ fees and disbursements) do not require a building permit. Landlord agrees not arising out of any failure of the Tenant Improvements to unreasonably withhold, condition or delay, its consent to Alterations comply with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole ADA and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf Landlord shall be responsible for all liabilities, costs and expenses arising out of Tenant must not, individually or in connection with the aggregate, lessen the value compliance of the Project’s parking lots, common area walkways and landscaped areas surrounding the New Building (collectively, the “Landlord Areas”) with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or Property or adversely affect the usefulness expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of the Building Landlord Areas to comply with the ADA. The provisions of this Section 7(e) shall survive the expiration or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address earlier termination of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, as amended by this Amendment.
f. Landlord shall carry provide at its sole cost and maintain insurance in such minimum amounts and types expense a “storefront” entrance on the south side of coverage as Landlord the New Building through which Tenant may reasonably requireaccess the Additional Premises, naming Landlord and which entrance shall match Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at existing building standard for the PremisesNew Building.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Tenant Improvements. 4.01. Tenant Lessor shall perform all constructionconstruct and, improvementsexcept as provided below to the contrary, additions, modifications, decorations and alterations that may be proposed or undertaken by or pay for the account entire cost of constructing the tenant improvements ("Tenant to prepare, equip, decorate Improvements") described by the plans and furnish criteria specifications identified in Schedule "1" attached hereto (the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”"Plans"). All Alterations shall be in conformity with Lessee may request changes to the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
Plans provided that (a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent changes shall not be required of a lesser quality than Lessor's standard specifications for any Alterations comply with all three of tenant improvements for the following criteria: Building (the Alterations "Standards"); (ib) are not Major Work the changes conform to applicable governmental regulations and necessary governmental permits and approvals can be secured; (as hereinafter defined), (iic) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) changes do not require a building permit. Landlord agrees not service beyond the levels normally provided to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or other tenants in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
Building; (d) Tenant shallthe changes do not have any adverse affect on the structural integrity or systems of the Building; (e) the changes will not, in advanceLessor's opinion, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown unreasonably delay construction of the aggregate Tenant Improvements; and (f) Lessor has determined in its reasonable discretion that the changes are of a nature and quality consistent with the overall objectives of Lessor for the Building. If Lessee requests a change in the Plans, then Lessor shall provide Lessee with an estimate of the increase in the total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers Tenant Improvements and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere any delay in the LeaseSubstantial Completion of the Tenant Improvements as a result thereof. As a condition to the effectiveness of Lessor's approval of Lessee's requested change, Lessee shall carry pay to Lessor upon demand by Lessor the actual increased cost of the Tenant Improvements attributable to such change and maintain insurance upon Lessor's receipt of such payment, Lessor shall proceed with such change. To the extent any such change results in such minimum amounts and types a delay of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterationsconstruction of the Tenant Improvements, repairs or maintenance, provide original, fully executed final lien waivers in then such delay shall constitute a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved delay caused by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdictionLessee as described below. Tenant warrants that all AlterationsImprovements does not include Lessee's signage, when completedfurniture, will comply with all applicable lawstrade fixtures and/or equipment.
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease Net (Socket Communications Inc)
Tenant Improvements. 4.01Landlord, at Landlord’s sole cost and expense, shall complete the following Tenant Improvements as soon as reasonably possible, but no later than November 1, 2015:
a. Install a second roll up door at the northeast corner on the Building;
b. Install awnings over the roll up doors for weather protection;
c. Install an Industrial Dust Collector outside on the roof for Zeolite stations;
d. Install additional Sub-Panel for more power in the manufacturing area;
e. Install an exterior enclosure for existing Air Compressor;
f. Install new light fixtures for the manufacturing area;
g. Install new roller blinds in the manufacturing area;
h. Repair or replace the roof access door;
i. Install new light fixtures in hallways and restrooms;
j. Replace carpet throughout, including moving furniture;
k. Remodel both the men’s and women’s restrooms on the first floor to Landlord’s specifications;
l. Inspect the entire HVAC system and rebalance, repair or replace as needed; and
m. Obtain all necessary plans and permits for all work detailed above. Landlord shall construct the Tenant Improvements in compliance with all applicable building, safety and other codes, including ADA. Upon substantial completion of the Tenant Improvements, Landlord and Tenant shall jointly conduct a walk-through of the Tenant Improvements and shall jointly prepare a punch list of items needing additional work. All punch list items shall be corrected within 30 days from the date of the walk-through. Tenant shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required to remove or restore the Tenant Improvements at the expiration of this Lease, except for any Alterations comply with all three of the following criteria: Dust Collector and the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permitAir Compressor. Landlord agrees not to unreasonably withhold, condition or delay, its consent assign to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole Tenant all warranties (including equipment and absolute discretion.
(bcontractor warranties) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value as to those elements of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not Tenant Improvements that Tenant is required to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver maintain and repair pursuant to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease. If requested by Tenant, shall carry and maintain insurance in Landlord will reasonably cooperate with Tenant to enforce any such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premiseswarranties.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Sources: Lease (Inogen Inc)
Tenant Improvements. 4.01Subject to Section 7.1 of the Lease, Tenant has inspected the Premises, found the Premises to be suitable for Tenant’s intended purposes, and agrees to take the Premises in their existing “AS IS” condition. Tenant shall perform all constructionshall, improvementswith reasonable diligence through a contractor selected by Tenant (the “Contractor”) and approved by Landlord pursuant to the provisions of this Section 1, additions, modifications, decorations construct and alterations that may be proposed or undertaken by or install the improvements and fixtures provided for the account of in this Construction Rider — Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy Improvements (“AlterationsTenant Improvements”). All Alterations Tenant may elect to appoint an employee of Tenant with reasonable background and experience to act as Contractor hereunder; provided that Tenant shall inform Landlord of any such election and provide reasonable documented evidence of such person’s qualifications as Contractor and Landlord shall have the right to approve such person as Contractor, which approval shall not be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consentunreasonably withheld. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three Tenant hereby approves of the following criteriaContractors: the Alterations (i) are not Major Work (as hereinafter defined), J&J Air Conditioning of San ▇▇▇▇ for HVAC; (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00)Wolf Electric of Santa ▇▇▇▇▇ for data, and (iii) do not require a building permitRK electric of Fremont for electrical work. Landlord agrees not At least ten (10) days prior to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work date Tenant enters into any contract for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf construction of Tenant must notImprovements, individually or in Tenant shall submit to Landlord for Landlord’s prior approval, the aggregate, lessen the value name of the general contractor, and those subcontractors whose work affects the Building structure, the Building systems, or Property or adversely affect the usefulness roof of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborersBuilding, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in additional information on such minimum amounts and types of coverage contractors as Landlord may reasonably requirerequest. Landlord shall have the reasonable right to review and approve or disapprove each contractor and subcontractor submitted by Tenant based upon such contractor’s or subcontractor’s qualifications, naming including (a) quality of work, (b) creditworthiness, (c) experience in general construction of tenant improvements, and in constructing improvements similar to the Tenant Improvements, and (d) references. Landlord shall have the right to designate any subcontractor whose work affects the structure of the Building, the roof, any life safety systems, and Landlord’s agents as additional insuredsany Building System. Tenant’s contractors The Contractor shall deliver current certificates of carry liability, and completed operations insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably and commercially reasonable amounts acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance (“Insurance Requirements”). The Contractor shall deliver Contractor’s insurance certificates to Landlord at least five (5) days prior to commencing construction of the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregateTenant Improvements.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Tenant Improvements. 4.01. a. Notwithstanding anything contained in this Lease to the contrary, except for Landlord’s Work, Tenant shall perform all constructiontake the Leased Premises in “as-is” condition on the Lease Commencement Date, improvements, additions, modifications, decorations and alterations that may be proposed without any obligation on the part of Landlord to prepare or undertaken by or for construct the account of Tenant to prepare, equip, decorate and furnish the Leased Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy ’s occupancy. Tenant may improve or alter the Leased Premises (the “AlterationsTenant Improvements”). All Alterations shall be in conformity with ) upon the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three approval of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned withheld provided such improvement or delayed.
(d) Tenant shall, in advance, deliver to Landlord alteration does not affect the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown structure of the aggregate total cost of Building and is otherwise in accordance herewith. Tenant shall improve the Alterations repairs or maintenanceLeased Premises in accordance with Exhibit B attached hereto and made a part hereof (the “Initial Tenant Improvements”). Tenant, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Leaseat no cost, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance be permitted to Landlord prior use up to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) hours of overtime usage of the freight elevator in the Building during the performance of the Initial Tenant Improvements. In the event that Tenant wishes to further alter or improve the Leased Premises, Tenant shall submit to Landlord at least thirty (30) days after completion prior to the date on which it wishes to commence construction of such Tenant Improvements, all final plans and specifications for the Tenant Improvements (the “Tenant Improvement Plans”), for Landlord’s written approval which approval shall not be unreasonably withheld. Tenant shall obtain Landlord’s approval of all of Tenant’s contractors and subcontractors, which approval shall not be unreasonably withheld. Approval of any Alterationsplans and specifications and/or review and supervision of any alterations by Landlord shall not constitute a representation or warranty by the Landlord as to the accuracy, repairs adequacy, sufficiency or maintenancepropriety of such plans and specifications or the quality of workmanship or the compliance of such alterations with applicable law. Each alteration, provide originalwhether temporary or permanent in character, fully executed final lien waivers in a form reasonably acceptable to made by Landlord and suitable for recording purposesTenant in or upon the Leased Premises (excepting only Tenant’s readily movable internal space dividers, from each contractorlighting fixtures, subcontractorfurniture, material supplier equipment and laborer that perform Alterations, repairs or maintenance trade fixtures) shall become Landlord’s property and shall remain upon the Leased Premises at the Premises expiration or termination of this Lease without compensation to Tenant; provided, however, that Landlord shall have the right to require Tenant to remove such alterations, equipment, fixtures and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregatetrade fixtures at Tenant’s sole cost and expense.
(f) b. Tenant shall perform, covenants with Landlord that it will cause the construction of the Tenant Improvements and any other alterations or cause repairs performed in accordance with this Lease to be performed, all Alterations, repair prosecuted with due diligence and maintenance with diligence, using only new, first class materials and supplies, continuity in a good and workmanlike manner and in accordance with the plans and specifications approved by Landlord. Tenant shall commence to correct any non-compliance with the requirements of this Section 3.1 within thirty (30) days after receipt of written notice regarding the same. Tenant shall not construct the Tenant Improvements until Landlord has approved in writing the Tenant Improvement Plans.
c. Tenant shall indemnify, save harmless and defend Landlord, the Leased Premises and the Property against any liabilities, claims (including claims for mechanics’ liens), suits, costs and expenses, including reasonable attorneys’ fees, arising out of or occasioned by the performance of the Tenant Improvements or the furnishing of any item in connection therewith.
d. If requested, Tenant agrees to add Landlord as an additional party to all guarantees of workmanship and materials which Tenant may receive in connection with the construction of the Tenant Improvements and any other alterations or repairs performed in accordance with this Lease and assign same upon expiration or earlier termination of the Lease.
e. There shall be no deviation from the specifications contained in the Tenant Improvement Plans without the prior written approval of Landlord, except that Tenant may substitute materials of equal or better quality upon written notice to Landlord of its intentions to do so and specifying therein the nature of such substitution. All the Tenant Improvements and any other alterations or restorations performed in accordance with the provisions of this Lease shall be performed in a good and workmanlike manner with the use of first class materials and in accordance with all (1) applicable building and zoning laws and other laws, orders, codes, statuesrules, regulations and requirements of all federal, state, municipal, public and governmental agencies and governments, and (2) orders, rules and regulations of any applicable Board of Fire Underwriters or any other body now or hereafter constituted performing similar functions in the county where the Leased Premises is located.
f. Unless Tenant receives Landlord’s prior written consent to waive the following requirements, in each instance where a contractor performs work on or about the Leased Premises, Tenant shall require any contractor of Tenant permitted to perform work in, on or about the Leased Premises to obtain and maintain the following insurance coverage at no expense to Landlord:
i. Commercial General Liability Insurance, including a Broad Form General Liability Endorsement, in the amount of $3,000,000.00 naming Landlord, any property manager of Landlord, its mortgagees, other persons or entities designated by Landlord, and Tenant as insured;
ii. Worker’s Compensation insurance for all contractors and employees working in the Leased Premises in an amount sufficient to comply with applicable laws or regulations;
iii. Employers Liability insurance in an amount not less than $1,000,000.00; and
iv. Any other insurance as Tenant, Landlord, or its mortgagees may reasonably require from time to time which is customarily required and carried by similarly situated tenants in Westchester County or is necessitated or appropriate given the nature of Tenant’s use of the Leased Premises. Such insurance shall be in form, amounts and for the risks which Landlord may reasonably require.
g. If any of the Tenant Improvements made by Tenant pursuant to Section 3 hereof or any other alterations or repairs performed in accordance with the provisions of this Lease or any use of the Leased Premises by Tenant result in an increase of the premiums charged during the Term on casualty insurance carried by Landlord on the Common Areas or any portion thereof, then the cost of such increase in insurance premiums shall be borne solely by Tenant, who shall reimburse Landlord for the same as additional rent after being separately billed thereafter.
h. The Tenant Improvements and any other alterations or repairs performed in accordance with the provisions of this Lease shall be performed in a manner so as not to unreasonably annoy or disturb Landlord, its employees or other directive tenants, occupants of any governmental the Property or quasi-governmental authority employees or invitees of such tenants and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable lawsoccupants.
Appears in 1 contract
Sources: Lease Agreement (Alpha-en Corp)
Tenant Improvements. 4.01Tenant agrees and acknowledges that Landlord shall provide each of the Expansion Spaces in its "as-is" condition with existing paint and carpet, except that Landlord shall provide the HVAC, electrical, plumbing and roof systems for each of the Expansion Spaces in good working condition as of the commencement date for each of the Expansion Spaces. Tenant shall perform all constructionmay, improvementsat its own cost, additionsconstruct any interior improvements or alterations within the Expansion Spaces, modifications, decorations and alterations that may be proposed or undertaken by or for the account of Tenant subject to prepare, equip, decorate and furnish the Premises for TenantLandlord's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consentapproval, which shall not be unreasonably withheld. Notwithstanding the foregoing, Landlord’s consent Landlord shall not provide the following "Expansion Spaces Tenant Improvement Allowance" in connection with the construction of such approved interior improvements or alterations in the Expansion Spaces (the "Expansion Spaces Tenant Improvements"), on the terms and conditions set forth below. The Expansion Spaces Tenant Improvement Allowance shall be required used only for any Alterations comply the costs and expenses incurred in connection with all three materials, construction and installation of the following criteria: standard interior improvements within the Alterations Expansion Spaces (i) are not Major Work (as hereinafter definedthe "Expansion Spaces Tenant Improvement Costs"), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value None of the Building Expansion Spaces Tenant Improvement Allowance shall be used for specialized improvements, cabling, equipment or Property or adversely affect the usefulness trade fixtures. Tenant shall submit written requests to Landlord for disbursement out of the Building or Property as a first-class office building;
(c) All Major Work Expansion Spaces Tenant Improvement Allowance. Such requests shall be performed accompanied by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned invoices or delayed.
(d) Tenant shall, in advance, deliver other evidence reasonably satisfactory to Landlord showing that the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown expenses are part of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the PremisesExpansion Spaces Tenant Improvement Costs.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Tenant Improvements. 4.01Tenant has inspected and agrees to accept the Premises on an “as is” basis, except for the warranties, repair and maintenance obligations of Landlord contained in this Lease, with the further exception that Landlord shall, at Landlord’s expense, prior to the Commencement Date cause the construction of the following improvements to the Premises using Landlord’s standard materials and finishes and otherwise in accordance with the Plans (the “Tenant Improvements”):
1. Upgrade the electrical service in the Premises to 2,000 amps, subject to Tenant providing information as required by the electrical service provider to support such upgrade. In the event that, based on the information provided by Tenant or on Tenant’s electrical usage, the electrical service provider imposes any surcharge, fee or rate increase in connection with the upgrade of electrical service to the Premises, Tenant shall pay all such amounts.
2. Replace current light fixtures in the warehouse portion of the Premises with T-8 HO fixtures, to achieve 48 foot-candles at 36” above finished floor level, based on an open warehouse with no racking or other obstructions.
3. Re-paint walls and replace carpet and/or VCT in the existing large second floor open area containing private offices, such paint and carpet/VCT to match existing finishes in large office/conference room within second floor open area. Any and all costs associated with any changes, additions or revisions to the Tenant Improvements shall be the sole responsibility of Tenant. Tenant shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed pay to Landlord any such cost prior to the commencement of the construction of any item which contributes to such cost. Initials: /s/ KS /s/ RL Landlord shall reimburse to Tenant the lesser of: (i) Tenant’s actual out-of-pocket costs incurred in installing compressed air lines in the Premises; or undertaken by or for (ii) $10,000 (the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“AlterationsAllowance”). All Alterations Tenant shall be in conformity provide Landlord with the standards copies of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repairinvoices evidencing such costs, and any AlterationsLandlord, performed byshall, on behalf within thirty (30) days of or for the account receipt of such invoices, issue such reimbursement payment to Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent Landlord shall not be required for any Alterations comply with all three of to construct a demising wall between the following criteria: Premises and the Alterations (i) are not Major Work ROFR Space (as hereinafter defined), (iidefined below) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. until such time as Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent elects in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf discretion to do so. Provided Tenant has not exercised the Right of Tenant must notFirst Refusal set forth in Paragraph 31E below, individually or in Landlord may elect to construct such demising wall at any time during the aggregate, lessen the value Term of the Building or Property or adversely affect Lease. Upon notice from Landlord that Landlord has elected to construct such demising wall, Tenant shall move all furniture, fixtures and other items away from the usefulness immediate vicinity in which the demising wall will be constructed in order to provide sufficient room for Landlord’s construction activities; provided that Landlord shall use commercially reasonable efforts to construct said wall at such times and in such manner as to minimize any interference with Tenant’s use of the Building or Property as a first-class office building;
(c) All Major Work shall Premises for the conduct of its business. If Tenant requests that such work be performed outside of normal business hours, Tenant shall pay any overtime or other increased costs incurred by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, Landlord in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together complying with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premisesrequest.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Tenant Improvements. 4.01Tenant agrees that it currently occupies, and shall continue to occupy, the Complete Premises in its “as is” condition without any further improvements thereto except as otherwise provided herein. Tenant shall perform Landlord shall, at its sole cost and expense, supervise the construction and installation of the initial tenant improvements in the Additional Second Floor Expansion Space as herein provided (collectively, the “Additional Improvements”), all construction, improvements, additions, modifications, decorations in accordance with Tenant's plans and alterations that may be proposed or undertaken by or specifications for the account design, construction and installation of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy Additional Improvements (“AlterationsPlans”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building as such plans and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance specifications have been reviewed and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by LandlordLandlord and Tenant, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, . Landlord shall substantially complete the Additional Improvements in advance, deliver to Landlord the name accordance with said Plans and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner manner, such substantial completion to be certified by Landlord's engineer and Tenant's architect inspecting the work. In the event that either prior to the commencement of the installation of any Additional Improvements or at any time during or following the installation of the Additional Improvements, Tenant requests any change to the aforementioned Plans which has resulted or might result in accordance with plans approved an increase in the cost of the installation of such Additional Improvements, then Tenant shall promptly deliver the necessary funds to defray such excess cost to Landlord no later than fifteen (15) days after Landlord demands same. Notwithstanding the foregoing, any change order(s) requested by Tenant which will result in an increase in the cost of the construction and installation of any Additional Improvements shall be agreed to in advance by Landlord and in accordance with all lawsTenant, codes, statues, requirements or other directive and Tenant shall be obligated to pay Landlord an additional construction management fee relative to such change order(s) equal to four percent (4%) of any governmental or quasi-governmental authority increase in the cost of the construction and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdictioninstallation of the Additional Improvements. Tenant warrants acknowledges that all Alterations, when completed, will comply Landlord may be supervising the construction of the Additional Improvements while Tenant occupies the Complete Premises and Landlord agrees that it shall use reasonable efforts to minimize any interference with all applicable lawsTenant's business operations within the Complete Premises while constructing such improvements.
Appears in 1 contract
Sources: Lease (Cross Country Healthcare Inc)
Tenant Improvements. 4.01The tenant improvement work (“Tenant Improvements”) shall consist of any work required to complete the Premises pursuant to approved plans and specifications. Tenant shall perform employ its own architect and general contractor in constructing the Tenant Improvements. The general contractor shall be selected and engaged by Tenant on the basis of a competitive bid involving one general contractor designated by Landlord and up to 2 other general contractors approved in writing by Landlord. The work shall be undertaken and prosecuted in accordance with the following requirements:
A. Concurrently with sign-off by Tenant, the space plans, construction drawings and specifications for all constructionimprovements and finishes, improvementstogether with any changes thereto, additions, modifications, decorations shall be submitted to Landlord (with samples as required) for review and alterations that may be proposed or undertaken approval by or Landlord and its architect for the account Project. In lieu of disapproving an item, Landlord may approve same on the condition that Tenant pay to prepareLandlord, equipprior to the start of construction and in addition to all sums otherwise due hereunder, decorate an amount equal to the cost, as reasonably estimated by Landlord, of removing and furnish replacing the Premises for item upon the expiration or termination of the Lease. Should Landlord approve work that would necessitate any ancillary Building modification or other expenditure by Landlord, then except to the extent of any remaining balance of the “Landlord Contribution” as described below, Tenant shall, in addition to its other obligations herein, promptly fund the cost thereof to Landlord.
B. All construction drawings prepared by Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations ’s architect shall follow Landlord’s CAD standards, which standards shall be in conformity with provided to Tenant or its architect upon request.
C. Landlord shall, subject to the standards foregoing, approve or disapprove any submittal of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined plans or specifications by Tenant within 5 business days following receipt thereof by Landlord.
4.02D. Tenant shall use the electrical, mechanical, plumbing and fire/life safety engineers and subcontractors designated by Landlord. All maintenance and repairother subcontractors shall be subject to Landlord’s reasonable approval, and any Alterations, performed by, on behalf Landlord may require that one or more designated subtrades be union contractors.
E. Tenant shall deliver to Landlord a copy of or the final application for permit and issued permit for the account construction work.
F. Tenant’s general contractor and each of Tenant, its subcontractors shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (requirements as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or generally imposed on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by third party contractors, engineers and/or architects approved by Landlord, such approval not including without limitation all insurance coverage requirements and the obligation to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current furnish appropriate certificates of insurance to Landlord prior to performance commencement of any work at the Premisesconstruction.
(e) G. A construction schedule shall be provided to Landlord prior to commencement of the construction work, and weekly updates shall be supplied during the progress of the work.
H. Tenant shall, within twenty (20) shall give Landlord 10 days after prior written notice of the commencement of construction so that Landlord may cause an appropriate notice of non-responsibility to be posted.
I. Tenant and its general contractor shall attend weekly job meetings with Landlord’s construction manager for the Project.
J. Upon completion of any Alterationsthe work, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performedprovided to Landlord (i) as-built drawings of the Premises signed by Tenant’s architect, (ii) CAD files of the improved space compatible with Landlord’s CAD standards, (iii) a final punchlist signed by Tenant, (iv) final and unconditional lien waivers from all Alterationscontractors and subcontractors, repair (v) a duly recorded Notice of Completion of the improvement work, and maintenance (vi) a certificate of occupancy for the Premises (collectively, the “Close-out Package”). Should Tenant fail to provide complete CAD files compatible with diligenceLandlord’s standards as required herein, using only new, first class materials Landlord may cause its architect to prepare same and supplies, in a good and workmanlike manner in accordance with plans approved the cost thereof shall be reimbursed to Landlord by Landlord and Tenant within ten (10) days of invoice therefor.
K. The work shall be prosecuted at all times in accordance with all state, federal and local laws, codesregulations and ordinances, statues, requirements or including without limitation all OSHA and other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable safety laws.
L. All of the provisions of the Lease shall apply to any activity of Tenant, its agents and contractors, in the Premises prior to the Expansion Effective Date, except for the obligation of Tenant to pay rent. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any work performed by Tenant, nor shall Landlord be responsible for repairing any defective condition therein. In no event shall Tenant’s failure to complete the Tenant Improvements extend the Expansion Effective Date.
Appears in 1 contract
Sources: Lease (Peregrine Semiconductor Corp)
Tenant Improvements. 4.01. Tenant A. Lessor shall perform all constructionprovide, improvementsat no cost to Lessee, additions, modifications, decorations and alterations that may be proposed or undertaken by or the base building improvements for the account Premises, which shall consist of Tenant to preparea ceiling approximately nine (9) feet high, equipthe installation of 2' x 4' ceiling grid, decorate 2' x 2' acoustical tiles stockpiled on the floor, 2' x 4' parabolic fluorescent light fixtures stockpiled on the floor, the installation of the primary distribution of the HVAC system and furnish the Premises for Tenant's initial and/or continued use shell building fire protection sprinkler system, and 4846-0294-9028.v11 occupancy (“Alterations”)mini blinds stockpiled on the floor. All Alterations of the foregoing items shall be in conformity with the standards of quality of constructioneither stockpiled or installed, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02applicable, using Lessor's building standard improvements. All maintenance additional improvements to the base building will be so-called "Tenant Improvements" to be installed by Lessor but to be selected by Lessee as hereinafter set forth and repair, and any Alterations, performed by, on behalf of or paid for by Lessee subject to Lessor providing the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work Tenant Improvement Allowance (as hereinafter defined), . Lessor shall provide a tenant improvement allowance (iithe "Tenant Improvement Allowance") do not cost, in equal to the aggregate, more than product of Twenty Five Thousand and 00/100ths Dollars ($25,000.00), and (iii20.00) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with multiplied by the exception useable area of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) B. If the price of the Tenant shallImprovements exceeds the Tenant Improvement Allowance, within twenty (20) days after Lessee shall pay Lessor, in cash, upon substantial completion of any Alterationsthe Tenant Improvements, repairs or maintenancethe amount by which the price of the Tenant Improvements exceeds the Tenant Improvement Allowance. If the actual price of the Tenant Improvements is less than the Tenant Improvement Allowance, provide original, fully executed final lien waivers the difference between the actual price of such Tenant Improvements and the Tenant Improvement Allowance (but in a form reasonably acceptable no event to Landlord exceed an amount equal to the product of Two and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand 001/100ths Dollars ($10,000.002.00)multiplied by the rentable square feet of the Premises) may be used by Lessee to offset moving expenses which may include, but shall not be limited to, transportation and installation of modular office furniture. Lessee shall submit receipts to Lessor which substantiate in reasonable detail any amount requested by Lessee for moving expenses pursuant to the previous sentence. In the alternative, this difference may be returned to Lessee in the aggregateform of a credit against rent due hereunder.
(f) C. On or before September 10, 1998, Lessee shall provide to Lessor a space plan of the Tenant Improvements which Lessee desires for Lessor to construct, which space plan shall perform, or cause be subject to Lessor's approval and shall be adequate for the preparation by Lessor of working drawings for construction of such Tenant Improvements. Such space plan shall show in reasonable detail the design and appearance of the tenant finishing materials to be performedused in the construction thereof, all Alterations, repair and maintenance with diligence, using only new, first class such other detail or description as may be necessary to adequately outline the scope of the Tenant Improvements. Lessee shall be responsible for Lessor's costs (including lost rent) arising out of delays in completing the Tenant Improvements caused by Lessee. Lessee also agrees to refrain from ordering long lead time items which would delay substantial completion of the Tenant Improvements. Provided that interior finish materials are of suitable quality as determined by Lessor in its sole discretion and suppliesare available, in a good sufficient quantities and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with as needed to meet Lessor's construction schedule from reputable materialmen which meet all applicable laws40 statutory and/or industry standards for licensing and bonding, Lessor agrees to purchase interior finish materials from vendors identified by Lessee.
Appears in 1 contract
Tenant Improvements. 4.01. Tenant shall Sublessor represents and Sublessee acknowledges that Master Lessor is required to perform all constructioncertain construction work in the Premises, improvementsincluding the Subleased Premises, additionspursuant to Exhibit B of the Master Lease and in accordance with those certain plans for such work in the Subleased Premises prepared by DGA dated February 22, modifications2016 (excluding references therein to furnishings), decorations which plans Sublessee has reviewed and alterations that may be proposed or undertaken by or for approved (the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“AlterationsPlans”). All Alterations Sublessee shall have no right to make any changes to such plans, request any additional or different improvements in the Subleased Premises or delay Master Lessor’s completion of such work, including taking any actions that would be in conformity with considered a “Tenant Delay” under the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined Master Lease had such actions been taken by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consentSublessor. Notwithstanding the foregoing, LandlordSublessee has elected to make, and Sublessor has approved (subject to receipt of Master Lessor’s consent consent), the following alterations within the Subleased Premises as shown on the plans prepared by DGA dated April 8, 2016:
(i) Extend wall and create new entrance for vivarium;
(ii) enclose room 391 (equipment room), turn into Procedure room 2 and create new entrance perpendicular to new entrance into vivarium (no need to relocate ESEW); this new procedure room only requires standard power/electrical supply or leave power supply originally intended for room 391; (iii) Room 384 (Procedure room 1) will require a chemical fume hood (vented to outside) in a location proposed by DGA (collectively, the “Sublessee Changes”). Sublessee shall be responsible for performing the Sublessee Changes at its sole cost and expense, in accordance with the terms of Article 8 of the Master Lease, as incorporated herein, using DGA as the architect and Landmark Builders as the contractor, in a manner that will not interfere with or delay Master Lessor’s performance of the Tenant Improvements or delivery of the Premises. If within one (I) year following the expiration or earlier termination of this Sublease, Sublessor restores the affected areas to the configuration shown on the Plans dated February 22, 2016 using a third party contractor reasonably selected by Sublessor, Sublessee shall be responsible for reimbursing Sublessor (or paying directly to Sublessor’s contractor at Sublessor’s election) such cost to restore within thirty (30) days after delivery of an invoice from Sublessor thereof accompanied by detailed contractor invoices evidencing such cost. Sublessor shall not request or approve any changes to such plans that would materially affect the Subleased Premises without Sublessee’s consent, which shall not be required unreasonably withheld. If Sublessee fails to reasonably approve or disapprove a change within five (5) days of request by Sublessor (two (2) business days if the change was requested by Master Lessor), such change shall be deemed approved by Sublessee so long as a copy of such request for any Alterations comply with all three of approval was concurrently sent by electronic mail to the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretionaddresses.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Sources: Sublease (Alector, Inc.)
Tenant Improvements. 4.01The Tenant Improvement work (“Tenant Improvements”) shall consist of any work, including work in place as of the date hereof but exclusive of the “Building Shell Work” described below, required to complete the Premises pursuant to approved plans and specifications. Tenant shall perform employ its own architect and general contractor in constructing the Tenant Improvements. The general contractor shall be selected by Tenant, subject to the reasonable prior written approval of Landlord; provided that Landlord hereby preapproves Devcon Construction should Tenant elect to utilize such firm. The work shall be undertaken and prosecuted in accordance with the following requirements:
A. Following approval by Tenant, the space plans, construction drawings and specifications for all constructionimprovements and finishes, improvementstogether with any changes thereto, additions, modifications, decorations shall be submitted to Landlord (with samples as required) for review and alterations that may be proposed or undertaken approval by or Landlord and its architect for the account of Project. Unless otherwise agreed in writing by Landlord, the drawings and specifications prepared by Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity consistent with the standards Building Core Outline Specifications and the Tenant Improvement Outline Specifications set forth in the M▇▇▇▇▇▇▇ Center Outline Specifications attached hereto as Exhibit X-1. In lieu of quality disapproving an item that does not conform to those Outline Specifications, Landlord may approve same on the condition that Tenant pay to Landlord, prior to the start of constructionconstruction and in addition to all sums otherwise due hereunder, tenant occupancy an amount equal to the cost, as reasonably estimated by Landlord, of removing and replacing the item upon the expiration or termination of the Lease. Should Landlord approve work that would necessitate any ancillary modification to Landlord’s Shell Building and Work, then except to the overall aesthetic extent of any remaining balance of the Building “Landlord’s Contribution” as determined described below, Tenant shall, in addition to its other obligations herein, promptly fund the cost thereof to Landlord.
B. All construction drawings prepared by Tenant’s architect shall follow Landlord’s CAD standards, which standards shall be provided to Tenant or its architect upon request.
C. Landlord shall, subject to the foregoing, approve or disapprove any submittal of plans or specifications by Tenant within ten (10) days following receipt thereof by Landlord.
4.02D. The electrical, mechanical, plumbing and fire/life safety engineers and subcontractors utilized by Tenant shall be subject to Landlord’s reasonable prior approval. All maintenance Landlord shall approve or disapprove any engineer or subcontractor within three (3) business days following Landlord’s receipt of the identity of such engineer or subcontractor.
E. Tenant shall deliver to Landlord a copy of the final application for permit and repair, and any Alterations, performed by, on behalf of or issued permit for the account construction work.
F. Tenant’s general contractor and each of Tenant, its subcontractors shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for commercially reasonable requirements which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or generally imposes on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by third party contractors, engineers and/or architects approved by Landlord, such approval not including without limitation insurance coverage requirements and the obligation to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current furnish appropriate certificates of insurance to Landlord prior to performance commencement of any work at the Premisesconstruction.
G. A construction schedule shall be provided to Landlord prior to commencement of the construction work, and weekly updates shall be supplied during the progress of the work. To the extent feasible and provided that it does not delay completion of the Tenant Improvements, such construction schedule shall stage the work in a manner that does not unreasonably interfere with the completion of the Shell Building Work by Landlord.
H. Tenant shall give Landlord ten (e) Tenant shall, within twenty (2010) days after prior written notice of the commencement of construction so that Landlord may cause an appropriate notice of non-responsibility to be posted.
I. Tenant and its general contractor shall conduct weekly job meetings which Landlord’s construction manager for the Project may attend.
J. Upon completion of any Alterationsthe work, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performedprovided to Landlord (i) as-built drawings of the Premises signed by Tenant’s architect, (ii) CAD files of the improved space compatible with Landlord’s CAD standards, (iii) a final punchlist signed by Tenant, (iv) final and unconditional lien waivers from all Alterationscontractors and subcontractors, repair (v) a duly recorded Notice of Completion of the improvement work, and maintenance (vi) a certificate of occupancy for the Premises (collectively, the “Close-out Package”). Should Tenant fail to provide complete CAD files compatible with diligenceLandlord’s standards as required herein, using only new, first class materials Landlord may cause its architect to prepare same and supplies, in a good and workmanlike manner in accordance with plans approved the cost thereof shall be reimbursed to Landlord by Landlord and Tenant within ten (10) days of invoice therefor.
K. The work shall be prosecuted at all times in accordance with all state, federal and local laws, codesregulations and ordinances, statues, requirements or including without limitation all OSHA and other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable safety laws.
L. All of the provisions of this Lease shall apply to any activity of Tenant, its agents and contractors, in the Premises prior to the Commencement Date, except for the obligation of Tenant to pay rent. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any work performed by Tenant, nor shall Landlord be responsible for repairing any defective condition with respect to the Tenant Improvements unless caused by a defect or problem associated with the Shell Building Work. In no event shall Tenant’s failure to complete the Tenant Improvements for any Phase extend the Commencement Date of such Phase unless Tenant is unable to complete those Tenant Improvements on or before the Commencement Date for such Phase due to (1) Landlord’s failure to complete any action item which is Landlord’s responsibility on or before the time specified in this Work Letter; (2) any changes to the Tenant Improvement plans and specifications requested by Landlord or Landlord’s agents, employees or contractors after Landlord’s approval thereof; or (3) any other negligent or wrongful action or inaction by Landlord or its agents that delays the substantial completion of the Tenant Improvements (each a “Landlord Delay”). Each day that constitutes a Landlord Delay shall postpone the Commencement Date with respect to the Phase that is delayed by one (1) day unless Tenant sooner takes occupancy of that Phase.
Appears in 1 contract
Sources: Sublease Agreement (Palm Inc)
Tenant Improvements. 4.01. Tenant Landlord shall perform all constructionconstruct and, improvementsexcept as provided below to the contrary, additions, modifications, decorations and alterations that may be proposed or undertaken by or pay for the account entire cost of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations constructing (i) are not Major Work the tenant improvements to the Initial Premises (as hereinafter defined), “Initial Tenant Improvements”) described in Schedule “1” attached hereto (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00“Phase 1 Plans”), and (iiiii) do not require a building permit. Landlord agrees not the tenant improvements to unreasonably withholdthe Must Take Premises (“Must Take Tenant Improvements”) generally described in Schedule “2” attached hereto, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which design and specifications therefore to be completed by Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such Tenant (which approval shall not to be unreasonably withheld, conditioned or delayed.
) within sixty (60) days after the effective date of this Lease (the “Phase 2 Plans”). Each of the Initial Tenant Improvements and the Must Take Tenant Improvements are sometimes referred to herein generally as “Tenant Improvements,” and collectively as the “Landlord’s Work”. Each of the Phase 1 Plans and the Phase 2 Plans are sometimes referred to herein generally as the “Plans,” and collectively as the “Design Package”. The Design Package and the Landlord’s Work may be conducted in phases, and Tenant may request changes to any of the Plans after they have been approved by Landlord, provided that (a) the changes shall not be of a lesser quality than Landlord’s standard specifications for tenant improvements for the Building, as the same may be changed from time to time by Landlord (the “Standards”); (b) the changes conform to applicable governmental regulations and necessary governmental permits and approvals can be secured; (c) the changes do not require building service beyond the levels normally provided to other tenants in the Building; (d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown changes do not have any adverse affect on the structural integrity or systems of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
Building; (e) Tenant shallthe changes will not, within twenty (20) days after completion in Landlord’s opinion, unreasonably delay construction of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord the Landlord’s Work; and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Landlord has determined in its reasonable discretion that the changes are of a nature and quality consistent with the overall objectives of Landlord for the Building. If Landlord approves a change requested by Tenant to any of the Plans after such Plans have been approved by Landlord, then, as a condition to the effectiveness of Landlord’s approval, Tenant shall performpay to Landlord upon demand by Landlord the increased cost attributable to such change, as reasonably determined by Landlord, but only to the extent that the “Tenant Improvements Costs” (as defined below) exceed the “Improvement Allowance” (as defined below). To the extent any such change results in a delay of completion of construction of either of the Tenant Improvements, then such delay shall constitute a delay caused by Tenant as described below. For purposes hereof, “Tenant Improvement Costs” means all costs and expenses incurred by Landlord to design, permit and construct the Tenant Improvements, including any costs incurred by Landlord as a result of a change requested by Tenant to any of the Plans hereunder, and including, without limitation, any changes to the Base Building or Building Systems, or cause to be performedboth, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in required as a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive result of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. the Tenant warrants that all Alterations, when completed, will comply with all applicable lawsImprovements.
Appears in 1 contract
Sources: Office Lease (Oxigene Inc)
Tenant Improvements. 4.01. (a) Tenant shall perform complete all construction, improvements, additions, modifications, decorations and alterations that may be proposed improvements required or undertaken desired by or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued ’s use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic Expansion Space part of the Building Leased Premises (collectively, the “Tenant Improvements”) according to the Tenant Improvement Plans (defined below) as determined by Landlord.
4.02provided herein. All maintenance and repairIt is understood that the Tenant Improvements may include, and any Alterationssubject to the provisions hereof, performed by, on behalf of or for the account of Tenant, shall comply with the following:
1. The interior improvements within the Expansion Space part of the Leased Premises for general office use. In addition, Tenant shall be entitled to install a separate primary entrance to the Expansion Space on the south side of the Building.
2. Tenant may improve for its exclusive use and control, any building stairwells that are internal to the Expansion Space part of the Leased Premises, and may integrate those stairwells into Tenant’s security systems.
3. Tenant may install an uninterrupted power supply (aUPS) Any Alterations require system and emergency stand-by battery system, and may use a portable generator (in addition to the external auxiliary generator) during emergencies. Tenant may use reasonably necessary riser space for the connection of these systems to the Expansion Space part of the Leased Premises.
4. Tenant shall be entitled to construct antennae and/or satellite dish (the “Antennae”) on that portion of the roof of the Building located immediately above the Expansion Space part of the Leased Premises, and shall not be charged extra rent or other fee by Landlord for the Antennae or the use of roof space for the Antennae.
(b) Subject to sections (l) and (n) below, Tenant shall bear the entire cost of the construction of the Tenant Improvements, including, without limitation, all architectural and engineering fees associated with the space planning for the Expansion Space part of the Leased Premises, the design of the Tenant Improvements and preparation of the Tenant Improvement Plans (including any changes to the Shell Plans required therefore) and any changes thereto; all labor, material and equipment costs; additional janitorial services; general tenant signage; permit fees; and taxes and insurance costs related to the construction of the Tenant Improvements to the extent not included in Operating Costs (the “Tenant Improvement Construction Costs”). Landlord shall not charge or be entitled to receive payment of any fee in connection with or during the construction of the Tenant Improvements or Tenant’s move-in, including without limitation any project management, supervision or review fee, or any fee for the use of the Building services (such as, but not limited to, loading dock, parking or freight elevators, nor shall Tenant be charged for utilities consumed during construction of the Tenant Improvements).
(c) Landlord shall make available to Tenant, the construction, architectural and engineering information reasonably requested by Tenant’s architect or general contractor. Tenant shall submit to Landlord construction drawings and specifications for the Tenant Improvements (the “Tenant Improvement Plans”) within one hundred twenty (120) days after the Effective Date of this Lease. The Tenant Improvement Plans shall consist of detailed plans and specifications for the construction of the Tenant Improvements in accordance with all applicable governmental laws, codes, rules and regulations, including partition layout, ceiling plan, electrical outlets and switches, telephone outlets, drawings for any modifications to the mechanical and plumbing systems of the Building. The Tenant Improvement Plans shall specifically include a requirement for expansion joints for every twenty (20) feet on all interior walls and above all doorways and other openings. The Tenant Improvement Plans must be approved by Landlord as provided herein.
(d) Within five (5) business days after Landlord’s prior written consentreceipt of the Tenant Improvement Plans, Landlord shall submit to Tenant in writing any requested changes thereto, and Landlord and Tenant shall thereafter work together in good faith to agree upon final Tenant Improvement Plans. Landlord’s approval of the Tenant Improvement Plans shall not be unreasonably delayed or withheld, provided that they comply with all applicable governmental laws, codes, rules and regulations and the provisions of this Lease. Notwithstanding the foregoing, Landlord’s consent approval of any changes to the Building systems or the exterior or structural components of the Building, including relocation or alteration of stairwells and elevators, shall be subject to Landlord’s approval, and shall be subject to approval by Landlord’s structural engineer. If Landlord’s structural engineer fails to approve any such portion of the Tenant Improvement Plans, the specific reasons for such disapproval shall be provided to Tenant, together with specific drawings and other corrections necessary to correct the specific reasons for such disapproval. If Tenant modifies the Tenant Improvement Plans to specifically incorporate the drawings and other corrections made by Landlord’s structural engineer, the modifications of the exterior or structural components of the Building shall be deemed to be approved by Landlord. Landlord shall not refuse, without adequate justification, to approve the final Tenant Improvement Plans within thirty (30) days after Landlord’s receipt thereof. In the event Landlord does disapprove the Tenant Improvement Plans, as submitted, the parties shall cooperate fully to achieve a final approved set of plans in conformity with this Work Letter. If, despite good faith efforts, the parties cannot agree on a final approved set of Tenant Improvement Plans Landlord and Tenant shall each have the right to terminate the Lease by notice to the other at such time, and in the event of such termination the first month’s Base Rent shall be required promptly returned to Tenant.
(e) No approval by Landlord or Landlord’s architects and/or engineers of the Tenant Improvement Plans or any of Tenant’s drawings, plans and specifications that are prepared in connection with any construction of improvements in the Expansion Space part of the Leased Premises shall in any way be construed or operate as a representation or warranty by Landlord as to the adequacy of such drawings, plans and specifications, or the improvements to which they relate, for any Alterations comply with all three use, purpose, or condition, but such approval shall merely satisfy the requirement of consent by Landlord under this Lease as to Tenant’s right to construct the improvements in the Expansion Space part of the following criteria: Leased Premises in accordance with such drawings, plans and specifications.
(f) Upon Landlord’s approval of the Alterations Tenant Improvement Plans, Tenant, at Tenant’s expense, shall promptly apply for, and obtain, all permits and approvals required by governmental agencies, and Landlord shall joint Tenant in promptly applying for approval (to the extent necessary) by the Association Architectural Control Committee (the “Committee”) under the Declaration and any other restrictive covenants applicable to the construction of the Tenant Improvements (the foregoing collectively referred to as the “Approvals”), and Landlord shall affirmatively request and support such approval by the Committee in Landlord’s capacity as the owner of the Property. It is contemplated that among such items as may require approval of the Committee, the Approvals shall include approval of the Committee of the installation of a separate primary entrance to the Expansion Space on the south side of the Building and the additional walkway from the upper parking area as described in paragraph 2(a)(4) above, and Landlord represents and warrants that it has obtained pre-approval by the Committee such entrance and additional walkway from the upper parking area. Upon substantial completion of the Tenant Improvements, Tenant shall obtain a permanent certificate of occupancy for the Expansion Space part of the Leased Premises.
(g) Prior to the commencement of construction of any of the Tenant Improvements, Tenant shall (i) are not Major Work (as hereinafter defined)furnish Landlord with evidence satisfactory to Landlord that the Approvals have been obtained, (ii) do not costfurnish Landlord with evidence that Tenant has obtained and is maintaining (1) All Risk Builder’s Risk Insurance covering the replacement value of the Tenant Improvements and naming Landlord as an additional insured, and (2) the Comprehensive Commercial Liability Insurance policy described in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00)Lease, and (iii) do not require a building permit. notify Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness date on which Tenant intends to commence construction of the Building or Property as a first-class office building;
(c) All Major Work Tenant Improvements. The construction contemplated by the Tenant Improvement Plans shall be performed by contractorsskilled contractors and subcontractors whose names shall be furnished in writing to Landlord in advance. All contractors shall be required to maintain commercial general liability insurance in amounts of not less than $1 million per occurrence, engineers and/or architects approved by Landlord$2 million aggregate, such approval not with reputable companies licensed to provide insurance in Texas. Certificates of insurance for Tenant and its contractors shall be unreasonably withheld, conditioned or delayeddelivered to Landlord before Tenant commences construction of the Tenant Improvements.
(dh) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown The construction of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, Tenant Improvements shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, done in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all lawsthe Tenant Improvement Plans, codesas approved by Landlord. All material changes to any of the Tenant Improvement Plans must be submitted to Landlord for Landlord’s written approval prior to, statuesand as a condition precedent to, requirements making such change; provided, Landlord shall promptly review the same and shall not unreasonably withhold, delay or condition its approval. All materials used in executing the Tenant Improvement Plans by Tenant shall be new and of good quality for their intended purposes.
(i) The failure of Tenant to complete the Tenant Improvements by the Rent Commencement Date for any reason other directive than delays caused by the acts of Landlord or Landlord’s Related Parties shall not delay or extend the Rent Commencement Date and the obligations of Landlord and Tenant shall continue in full force and effect and the rent shall not be abated. Any such delays caused by Landlord shall extend the Rent Commencement Date by a period equal to the period of the delay attributable to the acts of Landlord.
(j) Tenant shall have no right, authority or power to bind Landlord or any interest of Landlord in the Project, the Property, the Building, or the Expansion Space part of the Leased Premises for the payment of any governmental claim for labor or quasi-governmental authority materials or for any charge or expense incurred or the erection or construction of the Tenant Improvements, nor to render the Project, the Property, the Building, or the Expansion Space part of the Leased Premises or any part thereof liable for any mechanic’s or materialmen’s lien, and Tenant shall in no way be considered the agent of Landlord in the construction or erection of any of the Tenant Improvements. If any lien is imposed upon any portion of the Property by reason of the construction of the Tenant Improvements, Tenant shall discharge or bond around the same in accordance with the provisions of this Lease.
(k) Tenant and its contractor(s) shall cause the construction of the Tenant Improvements in such manner as to minimize interference or inconvenience to the other tenants of the Building, the Property and the Project to the extent reasonably possible. All construction activity and storage of materials shall be confined to the Expansion Space part of the Leased Premises, Tenant’s storage building(s), if already erected, and the associated parking area unless Landlord specifically agrees otherwise in writing. The work site(s) shall be maintained in a safe and reasonably clean condition at all times during the construction. The construction of the Tenant Improvements shall be conducted so as to avoid damage to part of the Project, the Property, the Common Areas, including all parking and landscaped areas, or the Building, and in the event of any such damage, Tenant shall immediately cause such damage to be fully repaired and restored.
(l) Landlord shall pay Tenant a tenant improvement allowance (the “Tenant Improvement Allowance”) of an amount as provided in Section 1.26 of the Lease, which funds may be applied by Tenant to defray any and all approvalsexpenses and fees incurred by Tenant in connection with the design, permitsplanning, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. approval and construction of the Tenant warrants that all Alterations, when completed, will comply with all applicable lawsImprovements.
Appears in 1 contract
Sources: Lease Agreement (Pharmaceutical Product Development Inc)
Tenant Improvements. 4.01The leasehold improvements to be constructed by Tenant (the “Tenant Improvements”), at Tenant’s sole cost and expense (except for the Landlord’s Construction Allowance, as specified in Paragraph 5 of this First Amendment), shall be constructed in accordance with the Final Plans to be submitted by Tenant and reviewed and approved by Landlord in accordance with the provisions of Paragraph (b) of this Exhibit A. Landlord shall have no obligation to construct or to pay for the construction of the Tenant Improvements. However, Landlord agrees to contribute toward the cost of construction of the Tenant Improvements the cash sum of up to the Landlord’s Construction Allowance (as defined in Paragraph 5 of this First Amendment). Notwithstanding anything in this First Amendment or in this Work Letter to the contrary, Landlord’s Construction Allowance shall be used only for the construction of the Tenant Improvements, and if construction of the Tenant Improvements is not completed within eighteen (18) months following the Effective Date of this First Amendment (the “Construction Termination Date”), then Landlord’s obligation to provide the Landlord’s Construction Allowance shall terminate and become null and void, and Tenant shall perform all construction, improvements, additions, modifications, decorations be deemed to have waived its rights in and alterations to said Landlord’s Construction Allowance. The Landlord’s Construction Allowance will be reduced by any consulting or architectural fees incurred by Landlord (but limited as set forth herein). The construction costs that may be proposed or undertaken by or reimbursed from the Landlord’s Construction Allowance shall include only the following: costs of labor, equipment, supplies and materials furnished for construction of the Tenant Improvements; governmental fees and charges for required permits, plan checks, and inspections for the account Tenant Improvements; charges of Tenant’s design professionals; and charges of Landlord’s design professionals for review of plans and monitoring of construction or installation of the Tenant to prepareImprovements. No other costs, equip, decorate and furnish fees or expenses of the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations Tenant Improvements shall be in conformity with the standards of quality of construction, tenant occupancy reimbursable out of the Building and the overall aesthetic Landlord’s Construction Allowance. Landlord’s payment of the Building Landlord’s Construction Allowance, or such portion thereof as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of TenantTenant may be entitled to, shall comply with the following:
be made within thirty (a30) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with days after each and all three of the following criteriaconditions shall have been satisfied: the Alterations (i) are not Major Work the Tenant Improvements shall have been completed in accordance with the Final Plans (as hereinafter defined), ; (ii) do not costTenant shall have delivered to Landlord satisfactory evidence that all mechanics’ lien rights of all contractors, suppliers, subcontractors, or materialmen furnishing labor, supplies or materials in the aggregateconstruction or installation of the Tenant Improvements have been unconditionally waived, more than Twenty Five Thousand Dollars ($25,000.00)released, and or extinguished; (iii) do not require a building permit. Tenant shall have delivered to Landlord agrees not to unreasonably withhold, condition paid receipts or delay, its consent to Alterations with other written evidence satisfactorily substantiating the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value actual amount of the Building or Property or adversely affect the usefulness construction costs of the Building or Property as Tenant Improvements; (iv) Tenant shall have delivered to Landlord a first-class office building;
final certificate of occupancy for the Premises; and (cv) All Major Work Tenant shall not then be in default of any of the provisions of the Lease, and if Tenant is in default, then once such default is cured, the Landlord’s Construction Allowance being withheld shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord released. If the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total actual cost of the Alterations repairs or maintenanceTenant Improvements is less than the Landlord’s Construction Allowance, together with a certificate then Tenant shall not receive any credit whatsoever for the difference between the actual cost of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord Tenant Improvements and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the PremisesConstruction Allowance.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Sources: Lease Agreement (Schrodinger, Inc.)
Tenant Improvements. 4.01Tenant improvements will include those items specified in Exhibit "C" hereto attached. Subject to delay occasioned by causes beyond Landlord's reasonable control, including but not limited to the obtaining of the required governmental construction permits and obtaining all governmental approvals and the certificate of occupancy, Landlord agrees, at Landlord's cost and expense, to commence the construction of the interior improvements and perform its obligations pursuant to Exhibit "C" and to complete the same in a reasonable time. After the Landlord has completed construction of the Facilities substantially in accordance with Exhibit "C" and notified Tenant in writing of the completion, Tenant shall perform all constructionhave ten (10) days or until Tenant's occupancy date, improvementswhichever occurs first, additions, modifications, decorations and alterations in which to inspect the Premises. If Tenant finds that may be proposed or undertaken by or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use have not been constructed in accordance with Exhibit "C", it shall notify Landlord of such fact, indicating the particular items which are incomplete or improperly constructed, and 4846-0294-9028.v11 occupancy Landlord shall complete or correct such work. Upon the completion of such work or in the event Tenant does not notify the Landlord within such ten (“Alterations”). All Alterations 10) day period that the Premises are not satisfactory or if the Tenant occupies the Premises, Tenant shall be deemed to have accepted the Premises in conformity with its then condition "as is", "where is", without any warranties of any kind. Landlord shall be responsible for no other improvements of any kind whatsoever. In the standards of quality of constructionevent the leased premises should not be ready for occupancy by the commencement date for any reason whatsoever, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent Landlord shall not be required liable or responsible for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined)claims, (ii) do not costdamages or liabilities in connection therewith or, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretionby reason thereof.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Tenant Improvements. 4.011. Sellers have advised CSCP that the Tenant spaces (the "TI Spaces") indicated on EXHIBIT L-1 attached hereto and made a part hereto are currently under construction (the "TI Work"). Following the Stabilized Closing Date, CSCP shall grant to the applicable Sellers (the "TI Sellers") that own the Stabilized Properties in which the TI Spaces are located (the "TI Properties"), their contractors, subcontractors, suppliers, agents and representatives (collectively, "Contractors"), a license for performance of the TI Work pursuant to this Section 1, including the right to enter onto the TI Properties and to perform all constructionthe TI Work, improvements, additions, modifications, decorations and alterations that which license may be proposed or undertaken revoked by or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy CSCP if (“Alterations”). All Alterations x) Sellers shall be in conformity default under any term, covenant or condition of this Article XXIV, or (y) CSCP shall exercise its right to perform the TI Work as set forth in Section 4 below. TI Sellers shall, at TI Sellers' cost and expense, diligently and continuously prosecute the performance of the TI Work in accordance with the standards of quality of construction, tenant occupancy terms of the Building and Leases covering the overall aesthetic TI Spaces. In the performance of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the followingTI Work:
(a) Any Alterations require Landlord’s prior written consentTI Sellers shall, at TI Sellers' cost and expense, at all times comply (and cause all Contractors to comply) with all applicable trade standards and all applicable Laws having jurisdiction over the TI Work, as well as all necessary safety, health and environmental protection measures. TI Sellers shall, at TI Sellers' cost and expense, establish and implement all safety, health and environmental protection measures during performance of the TI Work, consistent with the requirements of the applicable Laws (which shall include, without limitation, the erection and maintenance of all reasonable safeguards and the posting of danger signs and other warnings against hazards).
(b) TI Sellers shall, at TI Sellers' cost and expense, at all times comply with all requirements of the Existing Lenders with respect to such TI Spaces (including, without limitation, any requirements by said Existing Lenders that security be posted during the performance of the TI Work, regardless of whether such security is in the form of cash, securities, bonds or letters of credit), and CSCP shall cooperate with TI Sellers in this regard.
(c) The TI Work shall be performed in a manner which does not unreasonably interfere with the ordinary conduct of business at the applicable Premises by CSCP or its tenants or their employees, guests or invitees.
(d) In performing the TI Work, TI Sellers shall use labor compatible with the labor performing other work on the applicable Premises and shall not damage, injure, interfere with or delay the completion of any other work on the applicable Premises and shall not create any work stoppage, picketing, labor disruption or dispute on the applicable Premises. In addition, all Contractors shall be appropriately licensed.
(i) TI Sellers shall pay when due all costs, expenses and charges incurred in connection with the TI Work (including, without, limitation, application fees, attorneys' fees, consultants' fees, permitting fees, processing fees and construction costs), so that the applicable Premises shall at all times be free of liens for services, labor and materials supplied or claimed to have been supplied to or in connection with the applicable Premises arising from or in connection with the TI Work by TI Sellers, any Contractor, or anyone claiming by, through or under any TI Seller or any Contractor. Notwithstanding the foregoing, Landlord’s consent if a lien shall not be required for filed against all or any Alterations comply with all three portion of the following criteria: applicable Premises arising from or in connection with the Alterations TI Work, TI Sellers shall cause such lien to be removed of record by payment, bonding or otherwise, at TI Sellers' cost and expense, within thirty (30) days after the filing of such lien.
(ii) If any lien required to be removed at TI Sellers' sole cost and expense pursuant to clause (i) are above is not Major removed of record as aforesaid, CSCP shall have the right to take such action as CSCP shall deem appropriate (which shall include the right to cause such lien to be removed of record), and in such event, all costs and expenses incurred by CSCP in connection therewith (including, without limitation, premiums for any bond furnished in connection therewith, and reasonable attorneys' fees and disbursements), shall be paid by TI Sellers to CSCP on demand.
(f) TI Sellers shall maintain (or cause the Contractors to maintain) at all times when any work is in process in connection with the TI Work: (i) workmen's compensation insurance covering all persons employed in connection with the performance of the TI Work (as hereinafter defined)and with respect to whom death or bodily injury claims could be asserted against CSCP or the applicable Premises, (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00)general liability and property damage insurance, and (iii) do not require insurance covering all risks generally related to construction and which would be reasonably required for similar construction, written on a building permitso-called builder's risk completed value form on a non-reporting basis, including permission to occupy the applicable Premises, and with an agreed amount endorsement waiving coinsurance provisions for the benefit of CSCP. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value All of the Building or Property or adversely affect foregoing insurance shall name as named insureds CSCP, all applicable lenders and such additional entities designated by CSCP (collectively, the usefulness of the Building or Property as a first-class office building;
(c"CSCP Insured Parties") All Major Work and shall contain limits which would be performed by contractors, engineers and/or architects reasonably required for similar construction and approved by LandlordCSCP, such approval not to be unreasonably withheld, conditioned or delayed. The insurance required pursuant to clause (iii) above shall be written in a manner so as to provide that the insurance company waives all rights of recovery by way of subrogation against the CSCP Insured Parties in connection with any loss or damage covered by any such policy, and TI Sellers release the CSCP Insured Parties from any liability for any loss covered by any such policy even if due to the negligence of any of the CSCP Insured Parties.
2. The plans and specifications for the TI Work (dthe "TI Plans and Specifications") shall not be modified without the prior written consent of CSCP and, if required by the terms of the applicable Lease or the applicable loan, the Tenant shallunder said Lease and the applicable lender; provided, in advancehowever, deliver that TI Sellers shall have the right to Landlord make "field changes", provided that such field changes (i) are permitted under the name and address terms of Tenant's contractorsthe applicable Lease, subcontractorsor, material suppliers and laborersif not permitted, the applicable Tenant shall have consented thereto, and a breakdown (ii) do not (A) adversely affect the value, use, or financeability of the aggregate total cost TI Properties (other than to an immaterial extent), (B) constitute a downgrading of the Alterations repairs quality of the materials, equipment or maintenancesystems (other than to an immaterial extent), together with (C) affect the design or appearance of the TI Properties (other than to an immaterial extent), (D) constitute a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere change in the Lease, shall carry scope of work from that contemplated by the TI Plans and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance Specifications or (E) violate any Law or the terms of any work at financing documents secured by the PremisesTI Properties or the terms of any easement, covenant, condition or restriction encumbering the TI Properties or any Lease covering all or any portion of the TI Properties.
3. Sellers shall not amend or modify in any material respect the TI Contracts (eas hereinafter defined) without the prior written consent of CSCP and, if required by the terms of the applicable Lease or financing, the Tenant shallunder said Lease or lender, within twenty (20) days and any new TI Contract entered into after completion the date of any Alterationsthis Agreement shall be subject to the prior approval of CSCP, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause said approval not to be performedunreasonably withheld, all Alterationsand, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents if required by any ordinancethe terms of the applicable Lease or financing, law the Tenant under said Lease or public regulations or by any authority having jurisdictionlender. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.Each TI Contract shall permit the assignment of Sellers' rights under such Development Agreement to
Appears in 1 contract
Sources: Contribution and Sale Agreement (Cedar Shopping Centers Inc)
Tenant Improvements. 4.01Tenant has agreed to lease the Expansion Space in "AS IS" condition. Tenant shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846improvements depicted on Exhibit C-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work I shall be performed by Tenant and/or its contractors, engineers and/or architects approved by Landlordsubject to the approvals of Landlord and REII-Gaithersburg, such approval approvals, not to be unreasonably withheld, delayed, conditioned or delayed.
(d) denied. Tenant shall, in advance, deliver shall have the right to Landlord construct a mezzanine within the name and address New Demised Premises so long as the size of the mezzanine does not exceed Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown Proportionate Share of the aggregate total allocation of mezzanine available to the Building as dictated by the appropriate regulatory authorities. Subject to Paragraph 18 hereof, Landlord shall reimburse Tenant for 50% of the cost of the Alterations repairs or maintenancedemising wall depicted on Exhibit C-I, together with a certificate which reimbursement shall be made the later of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming 30 days after Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates REII-Gaithersburg close on the purchase of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) Property or 30 days after substantial completion thereof and receipt of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable evidence that payment has been made to Landlord and suitable for recording purposes, from each Tenant's contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant . The demising wall shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, constructed in a good and workmanlike manner in accordance with plans at a cost approved by Landlord and in accordance with all lawsREII-Gaithersburg, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable lawslaw, regulations, and building codes and be competitively bid by Tenant to at least three appropriately licensed contractors reasonably acceptable to Landlord and REII-Gaithersburg, such approvals by Landlord and REII-Gaithersburg not to be unreasonably withheld, delayed, conditioned or denied. Tenant shall not be entitled to any additional parking spaces as a result of the construction of the mezzanine.
Appears in 1 contract
Tenant Improvements. 4.01. The tenant improvement work (“Tenant Improvements”) shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for consist of the account of Tenant work required to prepare, equip, decorate and furnish complete certain improvements to the Premises for Tenant's initial and/or continued use pursuant to Article 1, Section 14 and 4846-0294-9028.v11 occupancy this Exhibit D of the Lease based on a working floor drawing attached as Exhibit E (“AlterationsApproved Drawings”). All Alterations Landlord shall contract with an architect and a general contractor, which general contractor shall be chosen as the result of a competitive two bid process described below to construct the Tenant Improvements. The Tenant Improvements work shall be undertaken and prosecuted in conformity accordance with the standards following requirements:
A. It is understood that except as provided below, the Tenant Improvements shall only include actual improvements to the Premises approved by Landlord as provided in Article 1, Section 14 and Exhibit E, and shall exclude (but not by way of quality of constructionlimitation) Tenant’s furniture, tenant occupancy of trade fixtures, partitions, equipment and signage improvements, if any. Further, the Building Tenant Improvements shall incorporate Landlord’s building standard materials and specifications (“Standards”). No deviations from the overall aesthetic of Standards may be requested by Tenant with respect to doors and frames, finish hardware, entry graphics, the Building as determined by Landlord.
4.02ceiling system, light fixtures and switches, mechanical systems, life and safety systems, and/or window coverings. All maintenance and repairother non-standard items (“Non-Standard Improvements”) shall be subject to the prior approval of Landlord, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require which may be withheld in Landlord’s prior written consentreasonable discretion. Notwithstanding the foregoing, Landlord’s consent Landlord shall not in no event be required for to approve any Alterations comply with all three of the following criteria: the Alterations Non-Standard Improvement if Landlord determines that such improvements (i) are not Major Work (as hereinafter defined)is of a lesser quality than the corresponding Standard, (ii) do not costfails to conform to applicable governmental requirements, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require requires building services beyond the level Landlord has agreed to provide Tenant under this Lease, or (iv) would have an adverse aesthetic impact from the exterior of the Premises. The Tenant will be responsible for the technical design and the ultimate acceptability of any clean room and related equipment.
B. Landlord shall use a building permitlicensed general contractor (selected by competitive bidding by at least two licensed general contractors) and that contractor’s selected subcontractors to construct the Premises. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations shall enter into a “lump sum” construction contract (the “TI Contract”) with the exception of Alterations which are Major Work TI Contractor for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value construction of the Building or Property or adversely affect Tenant Improvements. Landlord shall cause the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not Tenant Improvements to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, constructed in a good and workmanlike manner in accordance with plans approved by Exhibit E.
C. The TI Contractor and each of its subcontractors shall comply with Landlord’s requirements as generally imposed on third party contractors, including without limitation all insurance coverage requirements and the obligation to furnish appropriate certificates of insurance to Landlord, prior to commencement of construction or the Tenant Improvements work. A construction schedule shall be provided to Landlord and Tenant prior to commencement of the construction of the Tenant Improvements work, and weekly updates shall be supplied during the progress of the work.
D. The Tenant Improvements work shall be prosecuted at all times in accordance with all state, federal and local laws, codesregulations and ordinance, statuesincluding without limitation all OSHA and other safety laws, requirements or other directive of any governmental or quasi-governmental authority and any the Americans with Disabilities Act (“ADA”) and all approvalsapplicable governmental permit and code requirements.
E. Tenant hereby designates ▇▇▇▇ D’ippolilo, permitsTelephone No [***]. as its representative, licenses or consents required agent and attorney-in-fact for the purpose of receiving notices, approving submittals and issuing requests for Changes and Landlord shall be entitled to rely upon authorizations and directives of such persons as if given directly by any ordinance, law or public regulations or by any authority having jurisdictionTenant. Tenant warrants that all Alterations, when completed, will comply with all applicable lawsmay amend the designation of its construction representative(s) at any time upon delivery of written notice to Landlord.
Appears in 1 contract
Tenant Improvements. 4.01Landlord hereby grants to Tenant the right to make interior improvements to the Original Premises and the Expansion Premises. Tenant shall: (a) obtain Landlord’s written approval of comprehensive plans and specifications for such work within 5 business days of Tenant’s submission to Landlord (“Construction Documents”) (which approval shall not be unreasonably withheld); (b) obtain Landlord’s approval of Tenant’s general contractor within 5 business days of Tenant’s submission to Landlord (which approval shall not be unreasonably withheld); (c) deposit with Landlord all policies or certificates of insurance required by this Amendment and Section 16 of this Lease; and (d) have in its possession the permits and licenses necessary for the Tenant Improvements. Tenant shall perform all constructionproceed diligently to complete the Tenant Improvements, improvements, additions, modifications, decorations and alterations that may but regardless of status of completion will be proposed or undertaken by or responsible for the account commencement of rent payment for the Expansion Premises upon September 1, 2005. Tenant will be permitted to occupy the Expansion Premises at any time following the Effective Date, but subject to Section 3, if applicable. At the time Landlord approves the Construction Documents, Landlord will notify tenant in writing of the Tenant Improvements that will need to be removed at the expiration or termination of the Lease in the Original Premises and Expansion Premises. Landlord hereby approves the plans attached as Section A-4 hereto without the requirement for Tenant to prepare, equip, decorate and furnish remove any of the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy improvements at the expiration or termination of the Lease (“Alterations”subject to Landlords final review of Construction Documents). All Alterations Notwithstanding approval of the Construction Documents by Landlord, Tenant shall not be entitled to rely upon such approval as assurance that the Construction Documents comply with all applicable codes, rules, regulations and guidelines of all appropriate governmental agencies. Tenant agrees to accept the Expansion Premises in conformity with its “as is” condition as the standards date of quality delivery of constructionthe Expansion Premises by Landlord to Tenant and further acknowledges that Landlord is not obligated to provide any improvements whatsoever to the Original Premises, tenant Additional Premises and Expansion Premises. Tenant’s occupancy of the Building and Expansion Premises for the overall aesthetic purpose of making the Tenant Improvements shall be deemed to constitute acceptance of the Building Expansion Premises and acknowledgement by Tenant that Landlord has fully complied with its obligations hereunder. Tenant shall require any construction contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as determined by Landlord.
4.02. All maintenance and repaircontractor is working in the Premises, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
a non-deductible (a) Any Alterations require Landlordcommercial general liability insurance policy, including, but not limited to, contractor’s prior written consent. Notwithstanding the foregoingliability coverage, Landlordcontractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s consent shall protective liability coverage, to afford protection with limits per person and for each occurrence, of not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more less than Twenty Five Thousand Two Million Dollars ($25,000.002,000,000), combined single limit, and with respect to personal injury and death and property damage, Four Million Dollars (iii$4,000,000) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole aggregate (occurrence form) and absolute discretion.
Two Million Dollars ($2,000,000) aggregate completed operations; (b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or automobile liability insurance in the aggregate, lessen the value amount of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage; (c) All Major Work shall be performed worker’s compensation insurance or similar insurance in form and amounts as required by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
law; and (d) any other insurance reasonably required of Tenant shall, in advance, deliver by Landlord or any Mortgagee. Such policy shall be maintained with companies licensed to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere do business in the Lease, shall carry State where the Premises are located and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier will be written as primary policy coverage and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall performnot contributing with, or cause to in excess of, any coverage which Landlord shall carry. Such policies shall be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans provided on an occurrence form basis unless otherwise approved by Landlord and shall include Landlord and its managing agent as additional insured. Such policies shall also contain a waiver of subrogation provision and a provision stating that such policy or policies shall not be canceled, nonrenewed, reduced in accordance with all lawscoverage or materially altered except after thirty (30) day’s written notice, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents said notice to be given in the manner required by any ordinancethe Lease to Landlord, law or public regulations or by any authority having jurisdictionAttention: Risk Management Department. Tenant warrants that all Alterationsshall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the commencement of the Tenant Improvements. If Tenant shall fail to obtain this required insurance, when completedLandlord may, will comply with all applicable lawsbut shall not be obligated to, obtain such insurance, and in such event, Tenant shall pay, as Additional Rent, the premium for such insurance upon demand by Landlord.
Appears in 1 contract
Sources: Lease (Inphonic Inc)
Tenant Improvements. 4.01. In the event that the Cash Allowance (as defined ------------------- in Exhibit "E") exceeds Nineteen and No/100 dollars ($19.00) per square foot ----------- (the "Excess Cash Allowance"), as security for the repayment of the Excess Cash --------------------- Allowance, Tenant shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord concurrently with the name and address execution of Tenant's contractorsthis Lease, subcontractorsa clean, material suppliers and laborers, and a breakdown irrevocable letter of credit in favor of Landlord in the principal amount of the aggregate total cost of the Alterations repairs Excess Cash Allowance from a bank or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form other financial institution reasonably acceptable to Landlord (the "Cash Allowance Letter of ------------------------ Credit"). In the event that Tenant is in Monetary Default (as hereinafter ------ defined in Section 8.1), then Landlord shall be entitled to draw the entire amount of the Cash Allowance Letter of Credit or a portion thereof, at Landlord's election, for the payment of any such Rent in default or for any other sum which Landlord may expend or be required to expend by reason of Tenant's Monetary Default, including, without limitation, any damages or deficiency in the reletting of the Premises, whether such damages or deficiency may accrue before or after reentry by Landlord. It is expressly understood and suitable agreed that the Cash Allowance Letter of Credit is not an advance rental deposit or a measure of Landlord's damages in case of Tenant's default. Upon Landlord's draw of all or any part of the Cash Allowance Letter of Credit deposited as security hereunder, Tenant shall take such action with the issuing bank for recording purposesthe Cash Allowance Letter of Credit as necessary to restore the Cash Allowance Letter of Credit to its current amount. Any draw by Landlord under the Cash Allowance Letter of Credit shall not be deemed to have cured Tenant's default by reason of which the application is made, from each contractoruntil such time as the current amount of the Cash Allowance Letter of Credit is fully restored. Actions by Landlord against Tenant for breach of this Lease shall in no way be limited to or restricted by the amount of the Cash Allowance Letter of Credit and any draw under the Cash Allowance Letter of Credit shall not waive any other rights or constitute an election of remedies which Landlord may have. Provided Tenant is not in Monetary Default hereunder, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance this Cash Allowance Letter of Credit shall be reduced to a certain percentage of its initial amount as follows: at the Premises end of the first Lease Year to eighty percent (80%) of its initial value; at the end of the second Lease Year to sixty percent (60%) of its initial value; at the end of the third Lease Year to twenty-five percent (25%) of its initial value; at the end of the fourth Lease Year to twelve and whose invoices exceed Ten Thousand Dollars one-half percent ($10,000.0012.5%) in of its initial value; and shall be terminated at the aggregateend of the fifth Lease Year.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Sources: Lease Agreement (Naviant Inc)
Tenant Improvements. 4.01. Notwithstanding anything to the contrary above, Landlord has agreed to construct and install, at Landlord’s cost and expense, the tenant improvements specifically listed below (“Tenant Improvements”) (notwithstanding anything to the contrary herein, Tenant shall perform all constructioncontribute to the cost of the Tenant Improvements in the amount of $15,000.00, which Tenant shall pay to Landlord concurrently with Tenant’s execution of this Lease), and Landlord shall not be responsible for providing any additional interior improvements:
1) Remove the wall and related door as shown in Pink dashed lines on Exhibit B attached hereto;
2) Install the walls and doors (including Landlord’s standard locking door hardware) shown in Blue on Exhibit B attached hereto, additionsand make any necessary adjustments and/or repairs to the HVAC supplies and returns, modificationslighting, decorations electrical, and alterations that may be proposed or undertaken ceiling tiles and grid required as a result of said wall and door installation;
3) Install the glass walls as shown in Yellow on Exhibit B attached hereto;
4) Install Landlord’s standard grade VCT in the area shown in Green cross hatch on Exhibit B attached hereto;
5) Landlord shall replace any non-functioning lights;
6) Landlord shall have the HVAC system within the Premises inspected and any necessary repairs disclosed by or said inspection completed;
7) Landlord shall have the roof membrane for the account of Tenant to prepare, equip, decorate Building inspected and furnish any necessary repairs disclosed by said inspection completed; and
8) Landlord shall have the plumbing system within the Premises inspected and any necessary repairs disclosed by said inspection completed.
9) Landlord shall inspect all exterior windows for Tenant's initial and/or continued use the Premises and 4846-0294-9028.v11 occupancy make all repairs necessary for such windows to be water and air tight.
10) Landlord shall inspect all exterior glass doors for the Premises and make all repairs necessary for such doors to function freely and safely.
11) Landlord to install an emergency exit in the upper corner of the area shown in Green cross hatch on Exhibit B attached hereto.
12) Landlord shall set up, wire and cable all cubicles as shown on Exhibit B-2. Cabling shall include 2 voice and 2 data lines in each cubicle. Concurrent with the installation of the Tenant Improvements, Landlord shall permit Tenant reasonably access to the Premises to install power, computer, phone and telecommunications cabling, racks, furniture, fixtures and equipment within the Premises (“AlterationsTenant Work”). All Alterations The Tenant Improvements and Tenant Work referenced above shall be in conformity with the standards of quality of construction, tenant occupancy become a part of the Building Premises upon installation and Tenant shall not be subject to remove the overall aesthetic of Tenant Improvements upon Lease Termination nor can Tenant remove the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require same without Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Tenant Improvements. 4.01(a) Tenant, by occupancy hereunder, accepts the Premises as being in good repair and condition. Tenant shall perform all constructionmaintain the Premises and every part thereof in good repair and condition, improvementsdamages by causes beyond the control of Tenant, reasonable use, ordinary wear and tear excepted. Tenant shall not make or suffer to be made any alterations, additions or improvements to or of the Premises or any part thereof without prior written consent of Landlord, which consent Landlord covenants and agrees shall not be unreasonably withheld. If Landlord requires that any alteration made by Tenant is to be removed from the Premises at the Tenant's cost upon expiration or other termination of this Lease, or any renewal thereof, Landlord must notify Tenant accordingly when it provides Tenant its consent to such alteration. In the event Landlord consents to the proposed alterations, additions, modificationsor improvements, decorations any such alterations, additions or improvements shall be made at such times and alterations that may be proposed or undertaken by or for in such manner as not to unreasonably interfere with the account of Tenant to prepareoccupation, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with enjoyment of the standards of quality of construction, tenant occupancy remainder of the Building by the other tenants thereof. Landlord may require Tenant to use contractors reasonably acceptable to Landlord. Tenant shall reimburse Landlord for all outside third party expenses (such as expenses of outside architects or engineers) incurred by Landlord in reviewing any request for alterations. All additions, fixtures, alterations or other improvements made by Tenant which Landlord has not required Tenant to remove upon the expiration or termination of this Lease shall be and the overall aesthetic remain a part of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf Premises at the expiration or termination of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consentthis Lease. Notwithstanding the foregoing, Landlord’s consent Tenant shall not be required allowed to return the Premises to Landlord upon termination of this Lease, with all improvements made during Tenant's initial fit out of the Premises, except for any Alterations comply with all three of cafeteria proposed to be built on the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretionfifth floor.
(b) Any Alterations Notwithstanding the foregoing, Tenant shall be permitted to renovate the entire first, fifth, sixth and seventh floor spaces. Landlord shall provide Tenant with a Tenant improvement allowance equal to $15.00 per rentable square foot for the entire Premises (the "Tenant Improvement Allowance"). At Tenant's option, the Tenant Improvement Allowance may be used for the following purposes:
(i) Payment of any leasing or repair or maintenance performed brokerage commission payable by or on behalf of Tenant must not, individually or in the aggregate, lessen the value connection with this Lease; (ii) Payment of the Building or Property or adversely affect amount of $37,015.54 owed by the usefulness Subtenant to Landlord; (iii) For payment of any tenant improvements made to any portion of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not Premises pursuant to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name plans and address of Tenant's contractors, subcontractors, material suppliers specifications reviewed and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and as set forth in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.this Lease;
Appears in 1 contract
Tenant Improvements. 4.01. (a) Tenant accepts the Premises in its “as is” “where is” condition and Landlord shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed have no obligations whatsoever to improve or undertaken by or pay for the account of Tenant improvements to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued ’s use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of constructionthereof, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. except that Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must notshall complete the Premises in accordance with the plans prepared by d2 Solutions, individually or in last revised November 29, 2016 and titled “TF1,” a copy of which is attached hereto as Exhibit “F” (the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) “Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborersImprovements”), and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive compliance at the time of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply completion with all applicable lawslaws and requirements of East Whiteland Township, Pennsylvania. As part of the Tenant Improvements, Landlord shall provide an allowance of Five Thousand Five Hundred Dollars ($5,500) for Tenant’s built-in reception desk. Landlord’s Work shall be Substantially Completed (as defined hereunder) and ready for use and occupancy by Tenant on or prior to the Commencement Date, subject to extension for delays due to reasons other than those caused by Tenant and if so extended, the Expiration Date will also be extended so that the length of the Term remains unaffected; Landlord shall not be liable for any loss or damage to Tenant resulting from any delays nor shall any delays affect the continuation or validity of this Lease. Tenant’s occupancy of the Premises shall constitute Tenant’s acceptance of Landlord’s Work, subject to completion by Landlord of items set forth on a mutually agreed-upon punch-list of incomplete items prepared at the time of Substantial Completion of the Landlord’s Work. “Substantial Completion” or “Substantially Completed” means that the initial Tenant Improvements called for by this Lease have been completed to the extent that the Premises may be occupied by Tenant for its Use, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects that do not materially interfere with Tenant’s intended use of the Premises.
Appears in 1 contract
Tenant Improvements. 4.01Landlord shall with reasonable diligence through a contractor, and/or subcontractors, designated by Landlord perform the Work List (as defined below) items in the Premises as provided for in this Construction Rider (“Tenant Improvements”). Upon request by Landlord, Tenant shall designate in writing an individual authorized to act as Tenant’s Representative with respect to all approvals, directions and authorizations pursuant to this Construction Rider. Landlord shall have no obligation to perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for the account of Tenant any work to prepare, equip, decorate and furnish prepare the Premises for Tenant's initial and/or continued use or occupancy by Tenant except as expressly provided herein and 4846-0294-9028.v11 occupancy as otherwise expressly provided in Section 1 of the Lease. Landlord, at its sole cost and expense (“Alterations”). All Alterations subject to the terms and provisions of Section 1.1 below) shall be perform improvements to the Premises in conformity accordance with the standards of quality of constructionfollowing work list (the “Work List”) using Building standard methods, tenant occupancy of the Building materials and the overall aesthetic of the Building finishes and as otherwise reasonably determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, Construct a kitchen in the aggregatePremises with a sink, more than Twenty Five Thousand Dollars ($25,000.00), upper and (iii) do not require lower cabinetry and a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.dishwasher;
(b) Any Alterations Replace existing carpeting in the Premises with new Building standard carpeting, as selected by Tenant;
(c) Repaint currently painted exposed, interior walls of the Premises in a color selected by Tenant;
(d) Install glass entry doors in the Premises that are substantially similar to the glass entry doors currently installed in Suite 185 of the Building;
(e) Construct the “Division” demising wall, as shown on the plan attached hereto as Schedule 1;
(f) Remove one (1) wall in the Premises, as shown on the plan attached hereto as Schedule 1; and
(g) Remove the closet located in the conference room within the Premises, as shown on the plan attached hereto as Schedule 1.
1.1. All other work and upgrades, subject to Landlord’s approval, shall be at Tenant’s sole cost and expense, plus any applicable state sales or repair use tax thereon, payable upon demand as Additional Rent. Tenant shall be responsible for any Tenant Delay (defined below) in completion of the Tenant Improvements resulting from any such other work and upgrades requested or maintenance performed by Tenant.
1.2. Landlord’s supervision or performance of any work for or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall not be performed by contractors, engineers and/or architects approved by Landlord, such approval not deemed to be unreasonably withheld, conditioned a representation by Landlord that such work complies with applicable insurance requirements or delayed.
(d) Tenant shall, in advance, deliver to Landlord that the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance improvements constructed will be adequate for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premisesuse.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Sources: Lease Agreement (Inpixon)
Tenant Improvements. 4.01The Lessee shall have the right to design and select the tenant improvements for the Premises, subject to the review and approval of the Lessor. All tenant improvements shall be constructed, supplied, and installed according to the standard specifications of the Lessor for tenant improvements which are described on Exhibit E, attached hereto, unless otherwise approved in writing by the Lessor, which approval may be given or withheld in the Lessor's reasonable discretion. The Lessee shall use ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ DESIGN GROUP (the "Architect") for the purpose of designing the tenant improvements and preparing plans and specifications for the construction thereof. Tenant improvements shall perform include all constructionimprovements serving or located within the Premises, improvementsincluding without limitation, additions, modifications, decorations and alterations that may be proposed or undertaken by or framing of demising walls for the account Premises, drywalling, taping and painting of Tenant the interior surfaces of such demising walls, interior drywall partitions and walls, flooring and carpeting, interior doors and glass, cabinets, built-in fixtures and furnishings, electrical or other utilities, a proportionate share (based on useable area) of the building's VAV-HVAC system, VAV-HVAC mixing boxes, distribution ducting, vents and outlets, surface mounted electrical and plumbing fixtures and electrical outlets, acoustical tile, drop ceilings and all other improvements made to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”the "Tenant Improvements"). All Alterations shall be in conformity with The Lessee shall, at its sole cost and expense, cause the standards of quality of constructionspace plan for the Premises showing the design, tenant occupancy layout and location of the Building Tenant Improvements (the "Space Plan") to be prepared, prosecuted and delivered on the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the followingfollowing schedule:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations Concurrently with the exception execution of Alterations which are Major Work for which Landlord may withhold this Lease, the Lessee shall deliver its consent in its sole and absolute discretionfinal Space Plan to the Lessor.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in Within five (5) days following the aggregate, lessen the value Lessor's receipt of the Building or Property or adversely affect final Space Plan, the usefulness Lessor shall review and approve the final Space Plan. Upon the Lessor's approval, the Lessor shall cause the Architect to prepare working drawings for the Tenant Improvements based upon the final Space Plan and, upon completion of such working drawings, shall submit the same to ▇▇▇▇▇▇▇▇ COMMERCIAL CONSTRUCTION (the "Contractor") for a fixed lump sum bid. Upon receipt of the Building bid for the construction of the Tenant Improvements, the Lessor shall deliver the same to the Lessee. If the estimate exceeds the Tenant Improvement Allowance, as defined below, the Lessee shall, within five (5) days of its receipt of the bid, either (i) accept the working drawings or Property as a first-class office building;(ii) request the Architect to make changes to the working drawings to reduce the cost of the Tenant Improvements. Failure by Lessee to respond within five (5) days of its receipt of the bid shall constitute Lessee's approval and acceptance of the working drawings.
(c) All Major Work If changes are made by the Lessee, the Lessee shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not deliver revised working drawings to be unreasonably withheld, conditioned or delayedthe Lessor within 5 days of the Lessee's receipt of the original bid. The Lessor shall then submit the revised working drawings to the Contractor for rebid. The Lessor shall deliver the new bid to the Lessee upon its receipt thereof.
(d) In the event that the bid or rebid for the Tenant shallImprovements per the original working drawings, in advanceif the same are accepted by the Lessee, deliver or any revised working drawings exceeds the Tenant Improvement Allowance, not later than fifteen (15) days prior to Landlord the name and address date scheduled by the Lessor for the commencement of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown construction of the aggregate total Tenant Improvements, the Lessee shall deposit into a Tenant Improvement escrow account cash equal to the entire difference between the estimated cost of the Alterations repairs Tenant Improvements and the Tenant Improvement Allowance. Except as specifically provided below, the Lessee shall have no further right to modify or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborersamend the working drawings. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere No changes shall be made in the Leasemutually-approved working drawings without the prior written consent of the Lessor and the Lessee. The Lessee shall have the right, following completion of the mutually-approved working drawings, to propose changes to the Tenant Improvements. Any proposed change shall carry be delivered in writing to the Lessor. The Lessor shall cause the Contractor to prepare a change order describing the increase or decrease in the cost of the Tenant Improvements which would result from the requested change, the additional time, if any, required to complete the requested change and maintain insurance any Tenant Delay Penalty (as defined in Section 18.6(b)) that will be imposed. The change order shall be delivered to the Lessee and the Lessee shall accept or reject the Change Order within five (5) days of delivery. The failure by the Lessee to sign the change order and return it to the Lessor within such minimum amounts and types time period shall be deemed a rejection of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insuredsthe proposed change reflected in the change order. Tenant’s contractors Any such changes or additions requested or caused by the Lessee that result in the aggregate cost of the Tenant Improvements exceeding the Tenant Improvement Allowance shall deliver current certificates of insurance to Landlord prior to performance of any work be made at the Premises.
(e) sole cost of the Lessee. The cost of complying with governmental requirements that relate to the Tenant shallImprovements shall also be paid out of the Tenant Improvement Allowance. Provided that the Lessor notifies the Lessee in writing of its belief that a delay has been caused by the Lessee shortly following the occurrence of the alleged delay, within twenty (20) days after any delays caused by the Lessee or its agents which delay or postpone the substantial completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in the Tenant Improvements shall constitute a form reasonably acceptable to Landlord delay caused by the Lessee under Section 18.6 and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) shall result in the aggregateimposition of a Tenant Delay Penalty as defined in Section 18.6(b).
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Sources: Lease (Somera Communications Inc)
Tenant Improvements. 4.01Landlord shall deliver the First Floor Premises on a "turn key" basis (hereinafter referred to as the "Turn Key Installation") by performing all improvements as substantially indicated on the Tenant's approved space plan attached hereto as Exhibit A-2 (hereinafter referred to as the "Approved Space Plan") with evidence of Tenant's approval dated May 7, 1999. Tenant Landlord's Turn Key Installation shall perform also include all construction, improvements, additions, modifications, decorations costs associated with the preparation of all reasonable architectural and alterations that may be proposed or undertaken by or engineering drawings required for said Turn Key Installation. Landlord's obligation to deliver the Turn Key Installation for the account of Tenant to prepare, equip, decorate and furnish the First Floor Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with not include the following:
i. Telephone and data cabling: (a) Any Alterations require Landlord will, at Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three 's expense install receptacle boxes as part of the following criteria: Turn Key installation, Tenant and Tenant's contracted vendor shall be responsible for such installation, as well as any and all costs associated with such installation throughout the Alterations (i) are not Major Work (as hereinafter definedPremises), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not will if requested coordinate the installation of telephone and data cabling to unreasonably withhold, condition or delay, its consent assure the most efficient time for such installation. If Landlord is requested to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or enagage a contractor on behalf of the tenant, Landlord will provide Tenant must notwith an estimate of such costs, individually or and obtain Tenant approval prior to undertaking such work. If so requested the Tenant shall provide to the Landlord in a timely fashion all telephone and data cabling requirements so as to allow the landlord to complete the necessary work without delaying the completion of the Landlord's work.
ii. Back up generators - Landlord will install gas generators on rooftop at Tenant's expense
iii. Furniture
iv. Reception desk/countertop
v. Cabinetry in reception area
vi. Cabinetry/countertops in coffee areas
vii. Conference room furnishings With respect to improvements in the aggregateSecond Floor Premises, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work Landlord shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) provide Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractorsTurn-Key installation, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or subject to same general specifications as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage First Floor Space as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premisesapplicable.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Tenant Improvements. 4.01Landlord shall deliver the expansion space to Tenant in an “As-Is” condition upon execution of this Lease Amendment, except as noted in this Section 6. All basic utilities to Expansion Space (electric, gas and water to interior) shall be taken out of Landlord name and Tenant shall establish all services needed starting on May 15, 2006. Landlord shall warranty the good operating condition of the HVAC, electrical, and plumbing systems to Expansion Space for the first ninety (90) days from December 1, 2006, except malfunctions due to Tenant TI work, which will then be Tenant’s responsibility for repair. The roof system for Expansion space shall be warrantied by Landlord through the first substantial rain period after December 1, 2006. Tenant shall be allowed to perform Tenant Improvements as listed in Exhibit 3 – Tenant Improvement List. Tenant shall obtain all necessary permits and licenses from the City for said improvements, and shall hire a licensed and insured contractor to perform all construction, tenant improvement work. Tenant agrees to provide Landlord with copies of all permits obtained for all improvements, additionsas well as “As-Built” plans, modificationscontracts and specifications, decorations and alterations that may be proposed or undertaken by or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consentfiles. Notwithstanding the foregoing, Landlord’s consent Tenant shall not be required for any Alterations comply with to restore the Expansion Space provided that Landlord has consented in writing to all three of the following criteriasuch improvements lo be made in Expansion Space, and/or in Original Space / Premises already leased by Tenant. Initial Here: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.3 Initial Here:
Appears in 1 contract
Sources: Lease (Sirf Technology Holdings Inc)
Tenant Improvements. 4.01Landlord agrees to improve the premises as -------------------- shown and described on Exhibits A. and B. attached hereto and made a part hereof. Tenant shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for Any additional improvements to the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations premises not specifically addressed therein shall be in conformity with the standards of quality of construction, tenant occupancy sole responsibility of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02Tenant. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall Should Tenant request that additional improvements not contained therein be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved provided by Landlord, such approval request must be in writing from a duly authorized representative of Tenant and agreed to by Landlord. Landlord shall then advise Tenant in writing of the cost associated with said additional improvements and shall not proceed to be unreasonably withheldprovide said additional improvements until authorized to do so in writing by the duly authorized representative of Tenant. Within thirty(30) days of completion of the Tenant Improvements in their entirety, conditioned or delayed.
(d) Tenant shall, in advance, deliver shall pay to Landlord the name costs of all such additional improvements. The Tenant Improvements shall be deemed complete upon issuance of a "Certificate of Occupancy" (or its local equivalent) by the appropriate local governmental agency or agencies. Landlord shall represent, warrant and address provide evidence that the air handling systems within the building are of Tenant's contractorsa satisfactory air quality. Such air quality testing shall include analyzing the building air handling system to ensure that any toxin-containing materials or fibers are not circulated or vented into the premises. Landlord will be responsible for payment for tests of the system upon completion of tenant improvements and will be responsible for the repairs and/or replacement of equipment and/or ducting and/or venting as necessary to accomplish the foregoing. Landlord shall warrant that all tenant improvement work performed in the premises, subcontractorsthe roof, material suppliers the existing HVAC system, windows and laborersseals, and a breakdown electrical and plumbing systems and equipment are in good working order as of the aggregate total cost date of lease commencement. In addition, Landlord shall deliver the premises in a condition that meets all codes and regulations, the Americans With Disabilities Act (ADA), and any Title 24 requirements as the aforementioned exist as of the Alterations repairs or maintenance, together with a certificate date of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdictionlease. Tenant warrants will be responsible for costs associated with compliance with the ADA only for those interior items that all Alterationsmay become required subsequent to the date of the lease. Landlord will be responsible for any such costs associated with compliance with the ADA on the grounds outside of the premises. Landlord will not assume responsibility for making the mezzanine level wheelchair accessible. To the best of Landlord's knowledge, when completedthe building does not contain, will comply with all applicable lawsnor has ever contained, asbestos containing materials; and there is no current use, storage or disposal of significant quantities of hazardous materials on the site.
Appears in 1 contract
Sources: Industrial Real Estate Lease (Maxwell Laboratories Inc /De/)
Tenant Improvements. 4.01. Tenant shall perform all constructionOn the Commencement Date, improvementsLandlord shall, additionsat its own cost, modifications, decorations and alterations that may be proposed or undertaken by or for the account deliver possession of Tenant to prepare, equip, decorate and furnish the Premises for to Tenant “AS-IS” and “WHERE IS” in its current condition. Landlord, at its cost, agrees to make certain limited improvements (collectively, the “Tenant Improvements”) to the Premises subsequent to delivering possession of the Premises to Tenant's initial and/or continued use , all subject to the terms and 4846-0294-9028.v11 occupancy (“Alterations”)conditions in this Section 5. All Alterations The Tenant Improvements shall be in conformity with the standards limited to and consist only of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(ai) Any Alterations require Landlord’s prior written consent. Notwithstanding Landlord shall re-paint the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three interior walls of the following criteria: Premises with standard commercial grade paint consistent with the Alterations existing paint quality and color scheme in the Premises, all as reasonably approved by Landlord; provided, however, Landlord may utilize any method or process as it deems appropriate in connection with the Tenant Improvements (iif any) are not Major Work (as hereinafter defined), to any DIRTT Systems Furniture walls; and
(ii) do not cost, Landlord shall install new floor carpet with commercial grade carpet consistent with the existing carpet quality and color scheme in the aggregatePremises, more than Twenty Five Thousand Dollars ($25,000.00), all as reasonably approved by Landlord and (iii) do not require a building permitTenant. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with shall commence the exception of Alterations which are Major Work for which Landlord may withhold its consent Tenant Improvements at such time as it elects in its sole and absolute discretion.
(b) Any Alterations ; provided, however, that Landlord anticipates the Tenant Improvements will be commenced on or repair or maintenance performed by or on behalf about December 16, 2013, subject to availability of materials and labor. Landlord shall provide Tenant must not, individually or in with reasonable notice prior to commencing the aggregate, lessen the value Tenant Improvements. Tenant agrees that upon substantial completion of the Building or Property or adversely affect Tenant Improvements, Tenant will accept the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shallPremises “AS IS” and “WHERE IS”, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premisesits then-existing condition.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Tenant Improvements. 4.01. Tenant shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding Landlord shall cause to be performed the foregoingTenant Improvements (herein, Landlord’s consent shall not be required the “Tenant Improvements” or the “Work”) in the Demised Premises provided for any Alterations comply with all three of in the following criteria: the Alterations (i) are not Major Work Plans (as hereinafter defineddefined in Paragraph 2 hereof), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not shall proceed diligently to unreasonably withholdcause the Tenant Improvements to be Substantially Completed at or before the Commencement Date, condition or delay, its consent subject to Alterations with the exception of Alterations which "Tenant Delay" and “Force Majeure Delay (as such terms are Major Work for which Landlord may withhold its consent defined in its sole and absolute discretionParagraph 4 hereof).
(b) Any Alterations Except as may be otherwise expressly provided in this Lease (including, without limitation, this Workletter), Tenant hereby accepts the Base Building (hereinafter defined) and the Building Systems in their present "as is" condition and with no representations or repair warranties as to their condition or maintenance performed by or on behalf suitability for Tenant's purposes. The term “Base Building” shall mean the structural portions of Tenant must notthe Building, individually or and the public restrooms, Building Systems and the systems and equipment located in the aggregate, lessen the value internal core of the Building or Property or adversely affect on the usefulness of floor on which the Demised Premises are located. The term “Building or Property as a first-class office building;
(c) All Major Work Systems” shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or defined as contemplated elsewhere set forth in the Lease, including, without limitation, the mechanical, gas, steam, electrical, sanitary, HVAC, elevator, plumbing, and life-safety systems of the Building up to the point of connection of localized distribution to the Demised Premises (it being understood that the Building Systems shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of not include any work at the Premises.
(e) systems that Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) installs in the aggregate.
(f) Tenant Demised Premises). Nothing contained in this Section shall performrequire Landlord to maintain or repair any systems located within the Demised Premises that distribute within the Demised Premises electricity, HVAC or cause to be performed, all Alterations, repair water. Landlord represents and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable lawsthe Base Building and the Building Systems shall be in good working order and condition as of the Commencement Date.
Appears in 1 contract
Tenant Improvements. 4.01a. Prior to January 31, 2007 Landlord, at Landlord’s sole expense, will perform the following work:
i) Perform a full survey of the HVAC system that services the Amended Premises by a licensed mechanical contractor.
ii) Clear the roof of debris and patch the roof where required.
iii) Provide a new elevator technician.
iv) Restore the freight elevator to good working condition.
v) Fix the leak/leaks associated with the third floor balcony.
b. Prior to February 15, 2007, Landlord, at Landlord’s sole expense, will start the immediately required repairs and replacements of the HVAC system as directed by the findings of the HVAC survey and will complete said work no later than March 15, 2007. Furthermore during the term of the Lease and the Extended Term, Landlord will be very proactive about all required repairs and replacements.
c. As early as possible during the spring of 2007 but in no event later than May 31, 2007, Landlord will replace the entire roof of the Amended Premises.
d. Within one week of Vocera vacating the third floor, Landlord will reset lobby elevators so that they open on all three floors and reset the freight elevator so that it services all three floors.
e. Upon Vocera vacating the third floor, the tenant improvement schedule will be as follows:
i) Landlord will restore the third floor to the floor plan shown in and attached as Exhibit “A”. Prior to commencing this restoration process Landlord will consult with Tenant shall perform all construction, to see if Tenant wants to retain any of the improvements marked for restoration. If Tenant does retain some of these improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for Tenant will have no obligation to restore them at the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All expiration of Tenant’s contractorsExtended Term or any extensions to the Extended Term.
ii) Once restoration is complete and all of Vocera’s cubicles have been removed, whether retained under this section or as contemplated elsewhere Landlord will clean all carpeted areas and replace carpet where necessary. No patching of carpet, if required, will be visible nor will there be a change of carpet mid-room. In addition Landlord will repaint all interior walls of the third floor.
iii) Landlord will deliver the third floor to Tenant with all systems in good working order and condition, including but not limited to plumbing, electrical (including panels and outlets), sprinklers, lighting, ceiling tiles, window coverings and mechanical systems.
iv) During the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as time Landlord may reasonably require, naming Landlord and is performing Landlord’s agents work on the third floor, as described in section 5 of the First Amendment, Landlord will not charge Tenant rent or operating expenses for the third floor. Following completion of Landlord’s work, Landlord will grant Tenant an additional insureds. three (3) months of free rent and no operating expenses for the third floor for Tenant’s contractors shall deliver current certificates installation of insurance to Tenant’s tenant improvements, cabling and fit up. As long as Tenant does not interfere with Landlord’s work on the third floor, Tenant may also utilize the period of time during which Landlord prior to performance of any is performing Landlord’s work at the Premisesfor Tenant’s tenant improvements.
(e) f. In the event Landlord does not perform all of the prior described tenant improvements within the time frames called for above, Tenant shall, within twenty (20) days after completion of may contract with appropriate third parties to affect any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable tenant improvements not yet completed. Any monies paid by Tenant to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregatethese third parties will be credited against rent owed by Tenant to Landlord.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Sources: Lease (Packeteer Inc)
Tenant Improvements. 4.01Tenant agrees that it currently occupies, and shall continue to occupy, the Revised Complete Premises in its "as is" condition without any further improvements thereto except as otherwise provided herein. Tenant shall perform all Landlord shall, subject to the terms herein, supervise the construction and installation of the initial improvements in the 2008 Expansion Space (the "2008 Improvements") in accordance with Tenant's plans and specifications for the design, construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy installation of the Building and 2008 Improvements (the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined"Plans"), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), as such plans have been reviewed and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by LandlordLandlord and Tenant, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, . Landlord shall substantially complete the 2008 Improvements in advance, deliver to Landlord the name accordance with said Plans and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner manner, such substantial completion to be certified by Landlord's engineer. Landlord shall contribute up to a maximum of Five and 60/100 Dollars ($5.60) per rentable square foot of the 2008 Expansion Space plus the remaining balance of any tenant improvement allowances from the Existing Lease or prior Amendments(which is $35,532.91) (collectively, the "2008 Expansion Allowance") toward only the following costs: (i) any cost of installing the 2008 Improvements on an "as completed" basis which is performed in accordance with plans approved the Plans and related to the work to be done for the purpose of preparing the 2008 Expansion Space for Tenant's occupancy and use, (ii) the cost of preparing the Plans, (iii) design costs for architectural, mechanical, plumbing and electrical design, (iv) construction documents and permits, and (v) a construction management fee equal to four percent (4%) of the total cost of constructing the 2008 Improvements to be paid to Landlord; provided, however, in no event shall the 2008 Expansion Allowance be used for any costs associated with Tenant's personal property, equipment, trade fixtures or other items of a non-permanent nature installed in the 2008 Expansion Space, including without limitation, telephone and data cable lines. In the event that either prior to the commencement of the installation of the 2008 Improvements or at any time during or following the installation of the 2008 Improvements, the cost of the 2008 Improvements exceeds the 2008 Expansion Allowance or Tenant requests any change to the aforementioned Plans which has resulted or might result in an increase in the cost of the installation of such 2008 Improvements so that the cost exceeds the 2008 Expansion Allowance, then Tenant shall be exclusively responsible for the payment of such amount and shall promptly deliver the necessary funds to defray such excess cost to Landlord no later than fifteen (15) days after Landlord demands same. Notwithstanding the foregoing, any change order(s) requested by Tenant which will result in an increase in the cost of the construction and installation of the 2008 Improvements shall be agreed to in advance by Landlord and in accordance with all lawsTenant, codes, statues, requirements or other directive and Tenant shall be obligated to pay Landlord an additional construction management fee relative to such change order(s) equal to four percent (4%) of any governmental increase in the cost of the construction and installation of the 2008 Improvements. Any savings or quasi-governmental authority unused portion of the 2008 Expansion Allowance after the 2008 Improvements are completed shall be made available to Tenant for additional permanent improvements to the Revised Complete Premises so long as Tenant utilizes such amounts on or before January 1, 2009 and if not used on or before such date any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable lawsamounts shall be deemed forfeited.
Appears in 1 contract
Sources: Lease (Cross Country Healthcare Inc)
Tenant Improvements. 4.01. The tenant improvement work (“Tenant Improvements”) shall consist of the work required to complete certain improvements to the Premises based on a working floor drawing attached as Exhibit B. Tenant shall perform all constructioncontract with a general contractor, identified as ▇.▇. ▇▇▇▇▇▇ & Associates, Inc. to construct the Tenant Improvements. The Tenant Improvements work shall be undertaken and prosecuted in accordance with the following requirements:
A. It is understood that except as provided below, the Tenant Improvements shall only include actual improvements to the Premises approved by Landlord identified in Attachments A and B and shall exclude (but not by way of limitation) Tenant’s furniture, trade fixtures, partitions, equipment and signage improvements, additionsif any. Further, modifications, decorations the Tenant Improvements shall incorporate Landlord’s building standard materials and alterations that may be proposed or undertaken by or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy specifications (“AlterationsStandards”). All Alterations No deviations from the Standards may be requested by Tenant with respect to doors and frames, finish hardware, entry graphics, the ceiling system, light fixtures and switches, mechanical systems, life and safety systems, and/or window coverings; provided that Landlord may, in its sole discretion, authorize in writing one or more of such deviations, in which event, unless Landlord otherwise agrees in its sole discretion, Tenant shall be in conformity solely responsible for the cost of replacing same with the standards applicable Standard item(s) upon the expiration or termination of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02this Lease. All maintenance and repairother non-standard items (“Non-Standard Improvements”) shall be subject to the prior approval of Landlord, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require which may be withheld in Landlord’s prior written consentsole discretion. Notwithstanding the foregoing, Landlord’s consent Landlord shall not in no event be required for to approve any Alterations comply with all three of the following criteria: the Alterations Non-Standard Improvement if Landlord determines that such improvements (i) are not Major Work (as hereinafter defined)is of a lesser quality than the corresponding Standard, (ii) do not costfails to conform to applicable governmental requirements, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a requires building permit. services beyond the level Landlord agrees not has agreed to unreasonably withholdprovide Tenant under this Lease, condition or delay, its consent to Alterations with (iv) would have an adverse aesthetic impact from the exception exterior of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretionthe Premises.
B. Tenant shall use a licensed general contractor (bIdentified as ▇.▇. ▇▇▇▇▇▇ & Associates) Any Alterations or repair or maintenance performed by or and that contractor’s selected subcontractors to construct the Premises.
C. The TI Contractor and each of its subcontractors shall comply with Landlord’s requirements as generally imposed on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by third party contractors, engineers and/or architects approved by Landlord, such approval not including without limitation all insurance coverage requirements and the obligation to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current furnish appropriate certificates of insurance to Landlord Landlord, prior to performance commencement of any work at construction or the PremisesTenant Improvements work.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable D. A construction schedule shall be provided to Landlord and suitable for recording purposesTenant prior to commencement of the construction of the Tenant Improvements work, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance weekly updates shall be supplied
E. The Tenant Improvements work shall be prosecuted at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and times in accordance with all state, federal and local laws, codesregulations and ordinance, statuesincluding without limitation all OSHA and other safety laws, requirements or other directive of any governmental or quasi-governmental authority and any the Americans with Disabilities Act (“ADA”) and all approvalsapplicable governmental permit and code requirements.
F. Tenant hereby designates ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, permitsTelephone No. (▇▇▇) ▇▇▇-▇▇▇▇, licenses or consents required as its representative, agent and attorney-in-fact for the purpose of receiving notices, approving submittals and issuing requests for Changes and Landlord shall be entitled to rely upon authorizations and directives of such persons as if given directly by any ordinance, law or public regulations or by any authority having jurisdiction▇▇▇▇▇▇. Tenant warrants that all Alterations, when completed, will comply with all applicable lawsmay amend the designation of its construction representative(s) at any time upon delivery of written notice to Landlord.
Appears in 1 contract
Sources: Lease Agreement (RxSight, Inc.)
Tenant Improvements. 4.01. Tenant shall perform all constructionshall, improvementswith reasonable diligence through a contractor selected by Tenant (the “Contractor”) and approved by Landlord pursuant to the provisions of this Section 2, additions, modifications, decorations construct and alterations that may be proposed or undertaken by or install the improvements and fixtures provided for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy in this Construction Rider (“AlterationsTenant Improvements”). All Alterations At least ten (10) business days prior to the date Tenant enters into any contract for construction of Tenant Improvements Tenant shall be in conformity with submit to Landlord for Landlord’s prior approval, the standards name of the general contractor, and those subcontractors whose work affects the Building structure, the Building systems, or the roof of the Building, and such additional information on such contractors as Landlord may reasonably request. Landlord shall have the reasonable right to review and reasonably approve or disapprove each contractor and subcontractor submitted by Tenant based upon such contractor’s or subcontractor’s qualifications, including (a) quality of constructionwork, (b) creditworthiness, (c) experience in general construction of tenant occupancy improvements, and in constructing improvements similar to the Tenant Improvements, and (d) references. Landlord shall have the right to approve any subcontractor whose work affects the structure of the Building and Building, the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repairroof, any life safety systems, and any Alterations, performed by, on behalf of or for the account of Building System. The contractor selected by Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not is herein called the “Contractor”. Landlord hereby approves the following contractors: Vulcan Construction and SC Builders. The Contractor shall cany liability, and completed operations insurance in form and commercially reasonable amounts acceptable to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, Landlord. The Contractor shall deliver Contractor’s insurance certificates to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown at least ten (10) days prior to commencing construction of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the PremisesTenant Improvements.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Tenant Improvements. 4.013.1 Landlord and Tenant agree that the total cost of designing and constructing the Expansion Premises Tenant Improvements and the Landlord Work (collectively, the “Tenant Improvements”) is estimated to be Six Hundred Thousand and No/100 ($600,000.00). In the event that Landlord reasonably determines that the total cost of the Tenant Improvements will exceed Six Hundred Thousand and No/100 ($600,000.00), Landlord and Tenant shall perform all constructioncooperate, improvementsusing commercially reasonable good faith efforts, additionsto make reasonable changes to the Approved Working Drawings to effectuate cost savings; provided, modificationsthat Tenant shall not be obligated to agree to any such changes that unreasonably or materially change the overall nature or quality of the Tenant Improvements, decorations and alterations further provided, that may no such changes shall be proposed considered "revisions, changes, or undertaken by substitutions" for purposes of Section 3.2 below.
3.2 In the event that after Tenant’s execution of this Lease, any revisions, changes, or for substitutions shall be made at the account behest of Tenant to prepare(i) the Design Narrative, equip(ii) the Test Fit Plans, decorate and furnish or (iii) the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations Tenant Improvements, then, except as set forth in Section 3.1 above, any additional costs which arise in connection with such revisions, changes or substitutions shall be paid by Tenant to Landlord immediately upon Landlord’s request.
3.3 Notwithstanding anything contained herein to the contrary, Landlord shall, at Landlord’s sole cost and expense, perform such work in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building Expansion Premises as necessary (as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall ) to comply with Applicable Laws (to the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be extent required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with obtain a certificate of insurance occupancy or its legal equivalent for such contractorsthe Expansion Premises) in connection with the construction of the Expansion Floor Tenant Improvements as set forth in the Approved Working Drawings, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in may be required to comply with Applicable Laws (to the extent required to maintain a certificate of occupancy or its legal equivalent for the Expansion Premises) during the term of this Lease, shall carry and maintain insurance in as the same may be extended, provided that such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance requirement to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.Applicable Laws was not triggered by Tenant, which work shall relate solely to:
a. Restrooms,
b. Telecommunications Closets;
Appears in 1 contract
Sources: Office Lease (Yelp! Inc)
Tenant Improvements. 4.01. Tenant (a) Prior to the Commencement Date, and, as to certain portions of the Subleased Premises, at such earlier date as Subtenant and Sublandlord reasonably agree upon in order to accommodate Subtenant's commencement of its work of improvements in the Subleased Premises which work shall begin in the Subleased Premises immediately following the full execution and delivery of this Sublease, Sublandlord shall perform the following works of improvement, and only the following works of improvement, within the Subleased Premises, it being understood and agreed between the parties that, except as expressly set forth in this Sublease, Subtenant is leasing the Subleased Premises on an "as is" basis, subject to Sublandlord's assignment to Subtenant of all construction, improvements, additions, modifications, decorations of Sublandlord's rights to require Landlord to comply with the provisions of the Lease regarding the condition of the Subleased Premises on delivery thereof to Sublandlord:
(i) Sublandlord shall cause the inspection of the roof and alterations that underlying membrane to be undertaken by a licensed roofing contractor and shall cause those repairs which may be proposed or undertaken by or necessary for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant safe occupancy of the Building and Subleased Premises. In connection with such inspection, Sublandlord shall provide a roofing report to verify the overall aesthetic water tight condition of the Building as determined by Landlordexisting roof of the Building, including specific assurance that the cause of certain leaks which the parties have reviewed and which are occurring over portions of the office area of the Subleased Premises have been repaired.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not costSublandlord shall cause to be placed in good working order, condition and state of repair, all mechanical systems in the aggregateSubleased Premises, more than Twenty Five Thousand Dollars ($25,000.00)including, but not limited to, the heating ventilating and air conditioning systems, all electrical, lighting, plumbing, office intercom system and security systems. With respect to the heating, ventilating and air conditioning systems serving the office portion of the Subleased Premises, Sublandlord shall provide a one year warranty for service, repair and replacement to the extent such systems are not modified by Subtenant. Further, Sublandlord specifically assigns and transfers to Subtenant all of the benefits set forth in EXHIBIT "G" to the Lease, and in particular Subparagraph B of said EXHIBIT "G" which sets forth certain major components which will be paid for by Landlord if such heating, ventilating and air conditioning component replacements are required due to wear and tear.
(iii) do not require Sublandlord shall cause the repair of all broken exterior glass at the Subleased Premises, and shall reseal to a building permitweather tight condition all exterior windows in the office portion of the Building.
(iv) Sublandlord shall have prepared and shall provide a current termite and pest control inspection report for the Subleased Premises and shall provide evidence that the termite and pest abatement work specified in such report has been completed. Landlord agrees not Sublandlord shall also provide evidence that repairs of any termite damage to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretionoverhead gluelam beams within the Subleased Premises has been completed as specified by such report.
(b) Any Alterations or repair or maintenance performed Subtenant shall contract with Landlord in order to cause the remediation by or on behalf removal of Tenant must not, individually or all of the asbestos in the aggregateSubleased Premises identified in the attachments to that certain cover letter dated September 29, lessen 1993 from ▇▇. ▇▇▇▇ ▇▇▇▇▇▇▇, Jr. to ▇▇. ▇▇▇▇▇▇ ▇▇▇, a copy of which letter is attached hereto as Exhibit "C" and incorporated herein, and the value return of the Building affected area, following such work of removal, to a condition ready to receive surface materials, such as floor covering or Property or adversely affect wall covering. The cost of such work of remediation, removal and restoration shall be divided equally between Sublandlord and Subtenant up to a total cost of $4,000, and with any excess cost over $4,000 to be paid for by Sublandlord, so that the usefulness maximum cost to Subtenant for such work shall be $2,000. Sublandlord shall reimburse Subtenant for Sublandlord's share of the Building or Property cost of such work within ten (10) business days following receipt by Sublandlord of an invoice, together with any back-up information as may be reasonably requested by Sublandlord. Prior to the commencement of the work of remediation, removal and restoration by Landlord, a first-class office building;description of the work and the estimated cost thereof shall be set forth in a contract between Landlord and Subtenant, which contract shall be reasonably approved by Sublandlord prior to the commencement of such work within the Subleased Premises.
(c) All Major Work Subtenant shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not responsible for causing the Subleased Premises to be unreasonably withheld, conditioned or delayedin compliance with the requirements of Title III of the Americans With Disabilities Act which are applicable to the Subleased Premises as of the Commencement Date.
(d) Tenant shallIn no event shall Sublandlord be required to repair any cosmetic damage to any furniture, furnishings, partitioning, carpeting, wallpaper or other decorative finishing resulting from Sublandlord's work set forth in advance, deliver Subparagraph 6(a) above unless such damage is due to Landlord the name and address willful misconduct or gross negligence of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the PremisesSublandlord.
(e) Tenant shallBy the execution of the Consent and Agreement Concerning Sublease by Landlord, within twenty (20) days after completion Sublandlord and Subtenant, it is agreed and understood by and among Sublandlord, Subtenant and Landlord that the provisions of any AlterationsParagraph A of Exhibit "G" to the Lease are hereby amended to provide that Subtenant shall contract for a preventative maintenance program with respect to the roof surface of the Subleased Premises with either Landlord or with an entity approved in writing by Landlord, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplieswhich contract, in Landlord's reasonable judgment, will require the performance by the contractor of a good and workmanlike manner preventative maintenance program which is in accordance with plans approved by good property management and roofing maintenance practice. So long as such program is followed, Landlord and in accordance with all laws, codes, statues, requirements or other directive will waive any requirement of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents roof replacement which is otherwise required by any ordinance, law or public regulations the provisions of said Paragraph A of Exhibit "G" or by any authority having jurisdictionsurrender provisions of the Lease. Tenant warrants During the term of this Sublease, Subtenant shall be responsible for assuring that all Alterationssuch preventative maintenance program is in full force and effect. If, when completedas a result of subtenant's failure to cause such preventative maintenance program to be in effect during the term of this Sublease, will comply with all applicable lawsLandlord requires the replacement of the roof at the end of the term of the Lease, such replacement responsibility shall be that of Subtenant.
Appears in 1 contract
Tenant Improvements. 4.01. The tenant improvement work ("Tenant Improvements") shall perform all construction, improvements, additions, modifications, decorations consist of the work required to complete certain improvements to 25901 Commercentre pursuant to approved "Working Drawings and alterations that may be proposed or undertaken by or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy Specifications" (“Alterations”as defined below). All Alterations Lessee shall be in conformity with employ a licensed architect (the standards of quality of construction, tenant occupancy "Architect") for preparation of the Building Preliminary Plan and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance Working Drawings and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work Specifications (as hereinafter defined). Lessee shall contract with a general contractor to construct the Tenant Improvements. The Tenant Improvements work shall be undertaken and prosecuted in accordance with the following requirements:
A. Tenant shall submit the following to Landlord: (i) a detailed preliminary space plan for the Tenant Improvements prepared by the Architect, which shall include any demolition, interior partitions, ceilings, interior finishes, interior doors, floor coverings, window coverings, lighting, electrical and telephone outlets, plumbing connections, heavy floor loads and other special requirements ("Preliminary Plan"), (ii) do not cost, in working drawings and specifications prepared by the aggregate, more than Twenty Five Thousand Dollars Architect based on the approved Preliminary Plan ($25,000.00the "Working Drawings and Specifications"), . and (iii) do any change proposed by Tenant to the approved Working Drawings and Specifications ("Change"). Within five (5) business days following its submission to Landlord, Landlord shall approve (by signing a copy thereof) or shall disapprove the Preliminary Plan, the Working Drawings and Specifications and/or the Change. If Landlord disapproves the Preliminary Plan, Working Drawings and Specifications or Change, Landlord shall specify in detail the reasons for disapproval and Tenant shall cause the Architect to modify the Preliminary Plan, Working Drawings and Specifications or Change to incorporate Landlord's suggested revisions in a mutually satisfactory manner. Tenant agrees to acknowledge that Landlord will not require a check the Preliminary Plan, the Working Drawings and Specifications and/or any Change for building permitcode compliance (or other federal, state or local law, ordinance or regulations compliance), and that Tenant and its Architect shall be solely responsible for such matters. Landlord agrees shall not to unreasonably withhold, condition or delay, its consent to Alterations withhold approval of the Preliminary Plan.
B. Tenant improvements must be consistent with the exception existing Improvements in the premises. Landlord shall in no event be required to approve any Improvement if Landlord determines that such improvements (i) is of Alterations which are Major Work for which lesser quality than the existing improvements (ii) fails to conform to applicable governmental requirements, (iii) requires building services beyond the level Landlord may withhold its consent in its sole and absolute discretionhas agreed to provide Tenant under this Lease, or (iv) would have an adverse aesthetic impact from the exterior of 25901 Commercentre.
(b) Any Alterations or repair or maintenance performed by or on behalf of C. Tenant must not, individually or in shall apply and pay for all utility services required for the aggregate, lessen the value Tenant Improvement work.
D. Upon completion of the Building or Property or adversely affect the usefulness work, Tenant shall cause to be provided to Landlord (I) as-built drawings of the Building or Property as Tenant Improvements work signed by the Architect, (ii) a first-class office building;
final punch list signed by Tenant, (ciii) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord final unconditional lien waivers from the name TI Contractor and address of Tenant's contractors, all subcontractors, material suppliers and laborers(iv) a duly recorded notice of completion of the improvement work, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with (v) a certificate of insurance occupancy for such contractors25901 Commercentre (collectively, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises"Close-Out Package").
(e) E. The Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance Improvements work shall be prosecuted at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and times in accordance with all state, federal and local laws, codesregulations and ordinance, statuesincluding without limitation of OSHA and other safely laws, requirements or other directive of any governmental or quasi-governmental authority and any the Americans with Disabilities Act ("ADA") and all approvalsapplicable governmental permit and code requirements.
F. All the provisions of this Lease shall apply to, permitsand shall be binding on Tenant with respect to, licenses the construction of the Tenant Improvements. Landlord shall not be liable in any way for any injury, loss or consents required damage which may occur to any such work being performed by any ordinanceTenant, law or public regulations or the same being performed by any authority having jurisdiction. Tenant warrants that all AlterationsTenant, when completed, will comply with all applicable lawsthe same being solely at Tenant's risk.
Appears in 1 contract
Sources: Lease Agreement (Trimedyne Inc)
Tenant Improvements. 4.01. Tenant shall perform all constructionhas inspected the Premises, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for the account of Tenant to prepare, equip, decorate and furnish found the Premises to be suitable for Tenant's initial and/or continued use ’s intended purposes, and 4846-0294-9028.v11 occupancy agrees to take the Premises in its existing “AS IS” condition, except as otherwise expressly provided in in the Lease. Upon the Delivery Date, Tenant shall, with reasonable diligence through the Contractor (defined below) selected by Tenant and reasonably approved by Landlord pursuant to the provisions of this Section 1, construct and install the improvements and fixtures provided for in this Exhibit B (“AlterationsTenant Improvements”). All Alterations At least five (5) business days prior to the date Tenant enters into any contract for construction of Tenant Improvements, Tenant shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or submit to Landlord for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding approval, the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three name of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00)general contractor, and (iii) do not require a building permit. Landlord agrees not to unreasonably withholdthose subcontractors whose work affects the Building structure, condition the Building Systems, or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value roof of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborersBuilding, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in additional information on such minimum amounts and types of coverage contractors as Landlord may reasonably requirerequest. Landlord shall have the reasonable right to review and approve or disapprove each contractor and subcontractor submitted by Tenant for Landlord’s approval based upon such contractor’s or subcontractor’s qualifications, naming including (a) quality of work, (b) creditworthiness, (c) experience in general construction of Tenant Improvements, and in constructing improvements similar to the Tenant Improvements, and (d) references. Landlord shall have the right to designate any subcontractor whose work affects the structure of the Building, the roof, any life safety systems, and the Building Systems. If Landlord fails to respond to any request for approval to an contractor or the Architect (as defined below) within the five (5) business days following Landlord’s receipt of such request, Tenant shall have the right to provide Landlord with a second request for approval, which second request must state the following in bold and capped font: “THIS IS TENANT’S SECOND REQUEST. LANDLORD FAILED TO RESPOND TO TENANT’S FIRST REQUEST FOR APPROVAL FOR TENANT’S PROPOSED CONTRACTOR/ARCHITECT IN ACCORDANCE WITH THE TERMS OF EXHIBIT “B” TO THE LEASE. IF LANDLORD FAILS TO RESPOND TO THIS REQUEST WITHIN FIVE (5) BUSINESS DAYS, LANDLORD SHALL BE DEEMED TO HAVE APPROVED TENANT’S PROPOSED CONTRACTOR/ARCHITECT.” If Tenant’s second request complies with the terms of this Section and Landlord’s agents as additional insureds. failure to respond continues for five (5) business days after its receipt of the second request for approval, Landlord shall be deemed to have approved Tenant’s proposed contractor (provided that such contractors shall deliver current certificates of insurance to Landlord prior to performance of any regularly performs similar work at the Premises.
(e) Tenant shallin Comparable Buildings and is qualified, within twenty (20) days after completion of any Alterationsappropriately insured, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord bondable and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) licensed in the aggregate.
state of California) or the Architect (f) Tenant shall performprovided that the Architect is licensed in the state of California and regularly performs similar work in comparable buildings), or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.as
Appears in 1 contract
Sources: Lease Agreement (FireEye, Inc.)
Tenant Improvements. 4.01The tenant improvement work (“Tenant Improvements”) shall consist of any work required to complete the Premises pursuant to approved plans and specifications. Tenant shall employ its own architect and general contractor in constructing the Tenant Improvements. Landlord approves DevCon as the general contractor to perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”)Improvements. All Alterations The work shall be undertaken and prosecuted in conformity accordance with the standards of quality of constructionfollowing requirements:
A. Concurrently with sign-off by Tenant, tenant occupancy of the Building space plans, construction drawings and the overall aesthetic of the Building specifications for all improvements and finishes, together with any changes thereto, shall be submitted to Landlord (with samples as determined required) for review and approval by Landlord.
4.02, which approval shall not be unreasonably withheld. All maintenance Notwithstanding anything set forth herein to the contrary, Landlord and repairTenant hereby agree that it shall be deemed reasonable for Landlord to withhold its approval of space plans, construction drawings and specifications if a "Design Problem" exists. A "Design Problem" shall mean and refer to any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
design criteria which would (a) Any Alterations require Landlord’s prior written consent. Notwithstanding affect the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition Base Building or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
Building Systems; (b) Any Alterations be in non-compliance with building codes or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
other applicable laws; (c) All Major Work cause material interference with Landlord or other tenants of the Building; (d) affect the certificate of occupancy or its legal equivalent for a building or any portion thereof; or (e) be visible from the exterior of the Premises, provided that to the extent it is visible from the exterior of the Premises, such visibility shall be performed subject to Landlord's reasonable approval. To the extent applicable, the build-out of the Tenant Improvements shall include Landlord’s building standard tenant improvements, materials and specifications for the Project, unless otherwise approved by contractors, engineers and/or architects approved Landlord in writing when approving the construction documents. Should Landlord approve work that would necessitate any ancillary Building modification or other expenditure by Landlord, such approval not then except to be unreasonably withheldthe extent of any remaining balance of the “Landlord Contribution” as described below, conditioned or delayed.
(d) Tenant shall, in advanceaddition to its other obligations herein, deliver promptly fund the cost thereof to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Sources: Lease Agreement (Chegg, Inc)
Tenant Improvements. 4.01. Landlord acknowledges that the Tenant shall perform all construction------------------- intends to make improvements to the Leased Premises and agrees to give its consent to such improvements provided that those improvements are limited exclusively to the interior of the Building, improvements, additions, modifications, decorations and alterations that may be proposed do not affect the structure of the Building or undertaken by the outer walls or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy roof of the Building and the overall aesthetic are of the Building as determined by Landlord.
4.02. All maintenance a quality and repair, nature which is equivalent to and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply compatible with the following:
(a) Any Alterations require existing interior improvements to the Building. The Tenant agrees, prior to implementing any such improvements, to provide detailed plans and specifications for such improvements and to secure the Landlord’s prior 's written consentconsent to such improvements. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. The Landlord agrees not to unreasonably withholdwithhold or delay his consent. Unless otherwise agreed in writing by the Landlord and the Tenant, condition or delayall such improvements shall, its consent to Alterations upon installation, immediately become the property of the Landlord and, upon termination of this Lease, shall remain upon and be surrendered with the exception of Alterations which are Major Work for which Leased Premises; provided, however, the Landlord may withhold its consent designate by written notice to Tenant those improvements which shall be removed by Tenant at the termination of this Lease and Tenant shall promptly remove the same and repair any damage to the Leased Premises caused by such removal. The Tenant shall be responsible for obtaining all required permits and for complying with all building code and other legal requirements applicable to the improvements. The Tenant shall pay when due all costs for labor and materials utilizing in its sole installing such improvements. Tenant shall, at all times, keep the Leased Premises free from any and absolute discretion.
(b) Any Alterations all liens arising out of any work performed, materials furnished, or repair or maintenance performed obligations incurred, by or on behalf of Tenant must not, individually Tenant. If any mechanics or in the aggregate, lessen the value other lien is placed on all or any part of the Building Leased Premises by reason of any work performed for, materials furnished to, or Property obligations incurred by Tenant, or adversely affect claimed to have been performed for, furnished to, or incurred by Tenant, and if Tenant fails to remove such mechanics lien or other lien of record within ten (10) days after the usefulness of the Building or Property as a first-class office building;
(c) All Major Work filing thereof, then Tenant shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborersdefault under this Lease, and a breakdown Landlord may, but shall not be required or expected to, remove such mechanics lien or other lien of the aggregate total cost of the Alterations repairs record by bond, by payment or maintenanceother means, which cost, together with a certificate ten percent (10%) of insurance the amount of such cost to compensate Landlord for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Leasehis efforts, shall carry be due and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance payable to Landlord prior to performance of any work at the Premisesby Tenant immediately upon demand and shall constitute Additional Rent hereunder.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Tenant Improvements. 4.01Except as otherwise provided herein, Landlord shall deliver the Premises to Tenant in its "as is" condition, excluding latent defects, which Landlord shall promptly repair upon receipt of written notice from Tenant, the cost of which repair shall not be passed through to Tenant as an Operating Expense or otherwise, and in a vacuumed and broom clean condition with all of the prior tenant's personal property removed. If by October 15, 2000 Tenant shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for the account of Tenant retains an environmental consultant to prepare, equip, decorate and furnish test the Premises for the existence of asbestos or lead-based paint, and if such environmental consultant issues a report stating that (1) asbestos or lead-based paint has been found to exist within the Premises, and (2) such asbestos or lead-based paint needs to be encapsulated, removed, repaired, or otherwise abated in order to allow Tenant to use, occupy and renovate, at Tenant's initial and/or continued use and 4846sole discretion, the Premises in compliance with applicable law, then Landlord shall have thirty (30) days of receipt of such report to retain an independent environmental consultant to confirm the results set forth in such report. If Landlord's consultant agrees with the findings in the report, Landlord shall reimburse Tenant for certain costs incurred thereafter to encapsulate, remove, repair or ▇▇▇▇▇ such asbestos or lead-0294-9028.v11 occupancy (“Alterations”). All Alterations based paint in order to cause the Premises to be in compliance with law; provided, however, Landlord's reimbursement obligation shall be in conformity with limited to the standards most cost effective method of quality of constructionremediating such asbestos or lead-based paint, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02's consultant, after consultation with Tenant's consultant; provided, further, however, that if the lead-based paint may be "painted over" rather than removed under applicable law, and provided the Tenant intends to paint the affected portion of the Premises, then Tenant shall undertake such painting at Tenant's sole cost and expense. Landlord hereby grants Tenant a one-time Construction Allowance of $3,133,700 ("LANDLORD'S CONSTRUCTION ALLOWANCE") for the cost of tenant improvements to be installed by Tenant, including demising walls, lighting, electrical systems, wall covering, floor covering, telephone and cabling installation costs, the cost of any required demolition, and costs of facilities for computer rooms, lunchrooms (including kitchens in support thereof), training rooms, telephone equipment rooms, fiber optics, and high-ceiling areas. Tenant shall submit its plans for such tenant improvements for Landlord's written approval (the "APPROVED WORK") prior to Tenant's commencement of construction of the Approved Work, and Landlord shall respond within five (5) business days of the date Tenant provides Landlord any specific set of complete preliminary or complete final plans required for Landlord's approval. Tenant, at its sole cost and expense, shall be responsible for the filing of such plans, construction and engineering drawings and specifications, and the securing of all permits and licenses required therefore, including all fees and related costs. All maintenance work performed by Tenant shall be performed in strict compliance with the plans submitted for the Approved Work and repairno modification shall be made in such plans without the prior written approval of Landlord. Landlord shall pay Tenant's outside vendors or contractors for materials and services constituting the Approved Work, up to the maximum Landlord's Construction Allowance set forth in this Section 29., within thirty (30) days following Landlord's receipt of Tenant's submittal to Landlord of approved invoices and conditional lien releases for payment. Subject to the total amount available within Landlord's Construction Allowance, Tenant shall also be reimbursed from Landlord's Construction Allowance for the reasonable cost of all preliminary and final plans and specifications and all permits relating to the installation of the Approved Work. All of the work to be done by Tenant under this Section 29. shall be done in accordance with the provisions of Section 14. hereof, and any Alterations, performed by, on behalf of or for Tenant shall be required to follow Landlord's reasonable rules and regulations relating to contractors working in the account Project. Landlord shall have the right to reasonably approve all of Tenant, 's proposed contractors and subcontractors related to the installation of the Approved Work. Tenant's contractors and vendors shall comply with the following:
building's Rules and Regulations for Construction Work attached as Exhibit D. Landlord shall not charge an administrative fee relating to the installation of the Approved Work unless and to the extent that Landlord incurs actual third party cost for the review or approval of said plans. Tenant shall have the right to incorporate special improvements into the building and the Premises, including, but not limited to, separate, self-contained air conditioning systems (a) Any Alterations require including rooftop equipment for same), backup generators and switching, telecommunication and electrical power redundancy, and other special facilities incidental to Tenant's operations, provided same shall be compatible with Landlord’s prior written 's base building systems, and subject to Landlord's consent. Notwithstanding the foregoing, Landlord’s which consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall. Such special improvements, in advance, deliver to Landlord the name and address of extent that same are for Tenant's contractorssole use, subcontractors, material suppliers shall be furnished and laborers, installed at Tenant's sole cost and a breakdown expense. Tenant as part of the aggregate total Approved Work is responsible for modifying the building electrical system to deliver electrical service to the Premises as designed by Tenant's architects, engineers and contractors. Once installed, Landlord will maintain the electrical system delivering power to the Premises as an Operating Expense of the building. The cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere said electrical consumption in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
Premises (e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) but not in the aggregateCommon Areas of the building) shall be Tenant's sole cost and expense with no overhead or supervision included.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Sources: Standard Modified Gross Office Lease (Earthlink Inc)
Tenant Improvements. 4.01Tenant shall construct, furnish or install such improvements, equipment or fixtures as are necessary for Tenant’s use and occupancy of the Leased Premises (collectively, the “Tenant Improvements”). Tenant shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or complete construction of the Tenant Improvements for the account entirety of the Leased Premises. Tenant shall also be responsible for the cost of any alterations to prepare, equip, decorate the Building required as a result of the Tenant Improvements unless such alterations are required due to Landlord’s failure to build the Warm Shell Components in accordance with the Final Base Building Plans or applicable Laws. Tenant has engaged and furnish Landlord has approved ▇▇▇▇ ▇▇▇▇▇▇ to manage the Premises for Tenant's initial and/or continued use design and 4846-0294-9028.v11 occupancy construction of the Tenant Improvements (“AlterationsTenant Improvement Project Manager”). All Alterations Tenant shall cause all drawings and specifications for the Tenant Improvements to be prepared by an architect selected by Tenant and reasonably approved by Landlord (“Tenant Improvement Architect”) and to be constructed by a general contractor licensed in California, selected by Tenant, and reasonably approved by Landlord (“Tenant Improvement Contractor”). Tenant has engaged and Landlord has approved Devcon Construction Inc. to be the Tenant Improvement Contractor. Landlord’s prior written consent, which shall not be unreasonably withheld, shall be required if Tenant desires to change its Tenant Improvement Architect, Tenant Improvement Contractor or Tenant Improvement Project Manager. Tenant shall furnish to Landlord a copy of the executed contracts between Tenant and Tenant Improvement Architect, and Tenant and Tenant Improvement Contractor, covering all of Tenant’s obligations under this Work Letter; Landlord agrees to keep treat such contracts as confidential information pursuant to and in accordance with Paragraph 13.7 of the Lease. The Tenant Improvements shall be in conformity with the standards of quality of construction, tenant occupancy of the Building drawings and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance specifications submitted to and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such which approval shall not to be unreasonably withheld, conditioned withheld or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner performed in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.the following provisions:
Appears in 1 contract
Tenant Improvements. 4.01Landlord shall, at its sole cost, supervise the construction of tenant improvements (the “Tenant Improvements”) constructed by Tenant and approved by Landlord in accordance with this Tenant Work Letter. Tenant shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for the account The scope of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations Improvements shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteriaconsist of: the Alterations (i) are not Major Work new carpet and paint and non-structural reconfiguration of certain offices and rooms in Suite 50 Expansion Space (as hereinafter definedthe “Suite 50 TI”), ; (ii) do not cost, new carpet and paint and non-structural reconfiguration of certain offices and rooms in the aggregate, more than Twenty Five Thousand Dollars Suite 200/210 Expansion Space ($25,000.00the “Suite 200/210 TI”), ; and (iii) do at Tenant’s election, an internal staircase between the Suite 150 Space and the Suite 50 Expansion Space (“Access TI”), the location of which shall be mutually acceptable to both Landlord and Tenant. The scope of the Tenant Improvements shall not require include changes or modifications to the structure of the Building, the roof, and/or any base building system located in the Building. Subject to Landlord’s obligation to pay for exterior code compliance (exterior being the common areas and path of travel to Building) at Landlord’s sole cost, the Tenant Improvements (including any building code upgrades required within the Premises as a building permitresult of the construction of the Tenant Improvements) shall be constructed by Contractor at Tenant’s sole cost. The Tenant Improvements shall be constructed with materials and finishes consistent with the existing materials and finishes in the Building. Landlord agrees not shall have the right to unreasonably withhold, condition or delay, its consent to Alterations with require the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value removal of the Building Tenant Improvements (or Property or adversely affect the usefulness any portion thereof) and restoration of the Building or Property Premises as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner result thereof in accordance with plans approved by Section 8 of the Lease Agreement; provided, however, Tenant shall provide Landlord and in accordance with all laws, codes, statues, requirements or other directive written notice at least one hundred twenty (120) days prior to the end of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, the term to ascertain whether Landlord will comply with all applicable lawsrequire the removal of the Access TI.
Appears in 1 contract
Sources: Lease Agreement (Dermira, Inc.)
Tenant Improvements. 4.01The amounts in the Escrow Account allocated for tenant improvements and miscellaneous leasing costs (as set forth in clause (iv) of Section 2.2 hereof), shall be disbursed by Escrow Holder to pay the costs thereof to contractors and vendors providing labor or material, or in the event Seller has paid such costs itself, to reimburse Seller provided Seller submits to Buyer and Escrow Holder reasonable evidence of Seller's payment of such amounts, after the following conditions have been satisfied;
3.2.1.1 The portion of the tenant improvements for which disbursement is requested must have been constructed substantially in conformance with the plans and specifications therefor approved by Buyer, which approval shall not be unreasonably withheld.
3.2.1.2 Interim disbursements for tenant improvements will be in the amount of ninety percent (90%) of labor and one hundred percent (100%) of materials furnished to be computed at the maximum following rates: (i) the applicable rates set forth on Exhibit "B-1" for Vacant Leased Space, and (ii) the amounts set forth on Schedule 1 to Exhibit "B" for Unleased Space, in each case less miscellaneous leasing costs theretofore disbursed from the Escrow Account with respect to the Approved Lease for which disbursement is sought. Tenant The tenant improvement allowances shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or used for the account hard and soft costs of constructing tenant improvements and related coats, including without limitation design fees, cost of plans and specifications, permit fees and construction costs, as well as miscellaneous leasing costs, including without limitation attorneys' fees, but shall exclude leasing commissions, broker's or finder's fees. Interim disbursements for tenant Improvements will be made not more often than one (1) time per month. Notwithstanding anything to the contrary set forth herein, if the Tenant under an Approved Lease is doing all or any part of the leasehold improvements in its respective premises and the Approved Lease provides that the landlord is to provide a tenant improvement allowance to such Tenant, the amount of tenant improvement allowance deposited hereunder shall be disbursed in accordance with the terms of the Approved Lease and to the extent Seller has paid such tenant improvement allowance, such amount shall be payable to Seller provided that Seller provides Buyer and Escrow Holder with reasonable evidence of Seller's payment of such tenant improvement allowance. Each request for disbursement shall be on an Application and Certification for Payment of Tenant Improvements, containing a certification by Seller that all tenant improvement work for which payment is requested has been satisfactorily completed and upon payment of the amounts set forth in the application will be paid in full and shall be accompanied by lien waivers executed by all the parties who performed work or supplied materials and who are to prepare, equip, decorate be paid by such disbursement. Such Application and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations Certification shall be in conformity with the standards form attached hereto as Exhibit "D" and shall also be approved by Buyer (as evidenced by Buyer signing thereon before the disbursement is made).
3.2.1.3 As a condition to disbursement of quality of constructionany interim amounts for tenant improvements, the Title Insurer shall issue an endorsement to Buyer's title insurance policy insuring that there are no unbonded mechanics' or materialmen's liens relating to the work for which the disbursement is sought.
3.2.1.4 The final disbursement for tenant occupancy improvements for each Tenant shall be the balance of the Building amount held back for the respective tenant space as set forth on Exhibits "B" and "B-1" hereto, subject to Seller delivering to Buyer an estoppel certificate from the overall aesthetic Tenant confirming that all Landlord work required by the Approved Lease has been completed and a final, unconditional certificate of occupancy (or its equivalent, such as a "final" Inspection Record issued by the City of Lakewood) for each space that is the subject of the Building as determined disbursement and final lien waivers signed by Landlord.
4.02the general contractor and all subcontractors performing work or providing materials for improvements for such tenant improvements. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent Seller shall not be required responsible for any Alterations comply with all three tenant improvement costs for Approved Leases executed during the Subsequent Leasing Period in excess of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretionamounts deposited hereunder.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Sources: Agreement for Purchase and Sale of Real Property (Inland Western Retail Real Estate Trust Inc)
Tenant Improvements. 4.01Landlord shall with reasonable diligence construct and install in the Premises the improvements and fixtures provided for in this Construction Rider ("Tenant Improvements") using WCP Services, Inc. dba Commercial Interior Contractors ("CIC"). Tenant shall perform all construction, improvements, additions, modifications, decorations recognizes and alterations agrees that may be proposed or undertaken by or for the account CIC is an affiliate of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”)Landlord. All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy Improvements consisting of the type and amount of work and materials described on Schedule 2 attached to this Construction Rider are referred to herein as "Building and the overall aesthetic of the Building as determined by Standard Tenant Improvements". Subject to Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s 's prior written consent. Notwithstanding the foregoingapproval, Landlord’s consent which approval shall not be required for any Alterations comply with all three unreasonably withheld so long as the marketability of the following criteria: Premises is not adversely affected, Tenant shall have the Alterations (i) are not Major Work right, in showing the Tenant Improvements on the Working Drawings and Specifications (as hereinafter defined), (ii) do not cost, to substitute improvements for the Building Standard Improvements. All Tenant Improvements in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not addition to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value modification of the Building Standard Tenant Improvements are referred to herein as "Above-Standard Tenant Improvements". Tenant agrees that in order to complete the Tenant Improvements in time for the Scheduled Rent Commencement Date, CIC will commence construction of Tenant Improvements before the Base Building Work has been Substantially Completed, provided that CIC shall not be required to commence construction of Tenant Improvements until the Base Building Work is sufficiently completed to the extent that it is practicable for CIC to commence construction of Tenant Improvements without additional cost or Property or adversely affect delay. Tenant agrees that the usefulness of contractor constructing the Base Building or Property as a first-class office building;
Work (c"Landlord's Contractor") All Major Work shall and CIC will be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, performing some work simultaneously in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in that CIC will be asked to coordinate work with Landlord's Contractor, and may need to schedule a portion of the aggregatework to meet the schedule of Landlord's Contractor. However, the cost of Tenant Improvements shall not include any added expense attributable to such coordination of work.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Sources: Lease Agreement (Inktomi Corp)
Tenant Improvements. 4.01Provided that Subtenant obtains the prior written consent of both ▇▇▇▇▇▇ and Sobrato, Subtenant may construct certain improvements ("Tenant Improvements") to the Subleased Premises which are described on that certain architectural drawing dated March 10, 1997, prepared by ▇▇▇▇▇▇ & ▇▇▇ Architectural and described as Sheet A-2 (the "Drawing"). Tenant shall perform all construction, improvements, additions, modifications, decorations The final plans and alterations that may be proposed or undertaken by or specifications for the account Tenant Improvements are subject to the prior approval of Sublandlord, which approval will not be unreasonably withheld or delayed provided that such final plans and drawings are consistent with and conform to the Drawing and represent the logical and reasonable evolution and development of the Drawing. The Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations Improvements shall be constructed at Subtenant's sole cost and expense, in conformity accordance with the standards of quality of construction, tenant occupancy of the Building approved final plans and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repairdrawings, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposesgood, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good safe and workmanlike manner in accordance with plans approved by Landlord using new materials and equipment of good quality, and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply compliance with all applicable laws, rules, regulations and the provisions of the Master Leases. Subtenant shall coordinate in advance all of its construction activities with Sublandlord and shall not allow any of such activities unreasonably to disturb or interfere with Sublandlord's use of and operations in the Premises. Upon final payment by Subtenant for any work performed, materials furnished or obligations incurred by Subtenant in regard to the Tenant Improvements (and any subsequent alterations, additions or improvements made to the Subleased Premises by Subtenant), Subtenant shall utilize reasonable and good faith efforts to obtain from each contractor and supplier an Unconditional Waiver and Release Upon Final Payment (California Civil Code Section 3262(d)(4)). The foregoing approval by Sublandlord does not constitute consent to any additional alterations or improvements to the Subleased Premises by Subtenant, and Sublandlord reserves the right to approve or disapprove of any such additional alterations or improvements to the Subleased Premises by Subtenant as provided herein.
Appears in 1 contract
Sources: Sub Sublease (Zoran Corp \De\)
Tenant Improvements. 4.01. Tenant Landlord shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed or undertaken by or for the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the followingat its cost:
(a) Any Alterations require Landlord’s prior written consentRecarpet and repaint the entire Premises. Notwithstanding the foregoing, Landlord’s consent shall not Colors of carpet and paint to be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretionchosen by Tenant.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;Repaint ceiling and grids throughout Premises.
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not Replace all doors and hardware. Doors are to be unreasonably withheld, conditioned or delayedoak six panel stain grade doors. Hardware to be lever type. Doors to be stained/painted per Tenant's choice.
(d) Tenant shall, Install demising wall in advance, deliver to Landlord the name 2000 s.f. space and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premisesseparate utilities.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs Replace all lenses on fluorescent lighting with clear or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregatewhite lenses.
(f) Ensure that all mechanical and electrical systems are serving the Premises in good working order at lease commencement.
(g) Replace all door and floor trim with wood trim. Trim to be stained/painted per Tenant's direction.
(h) Clean, repair and/or replace, where necessary, all window blinds/covers.
(i) At Tenant's direction, move/remove any walls between existing offices.
(j) Add Entrance way, Door and framing near windows so as to allow access between joining suites. Tenant shall performbe responsible for:
(1) Installation of all work stations per code.
(2) Installation of all communication requirements per code. (Building is plenum ceiling)
(3) Installation of all security requirements for suite areas, or cause but not horns/strobes if required by code.
(4) Cost of new offices if desired by Tenant. New offices are to be performedinstalled by Landlord at cost without overhead or profit charged to Tenant. Tenant has option to price cost of offices. Landlord shall provide Signage on one half of the existing sign facing 1-88 at its cost. If signs are permitted by Oak Brook, all Alterations, repair and maintenance with diligence, using only new, first class materials and suppliesTenant may, in the alternative, install a sign at Tenant's expense. In addition, Tenant shall be listed in the stone sign on ground level. Tenant has the right to a final walk through prior to taking possession so as to ensure that the work agreed to by the parties has been completed to Tenant's satisfaction and approval. The Tenant's taking possession of any portion of the Premises shall be conclusive evidence that such portion of the Premises was in good order and workmanlike manner satisfactory condition when Tenant took possession, except as to latent defects, excluding items of damage caused by Tenant or its agents, independent contractors or suppliers. No promise of the Landlord to alter, remodel or improve the Premises or the Building and no representation by Landlord or its agents respecting the condition of the Premises or the Building have been made to Tenant or relied upon by Tenant other than as may be contained in accordance with plans approved this Lease or in any written amendment hereto signed by Landlord and Tenant. Not withstanding the aforementioned, as of the Commencement Date, Landlord warrants and represents that the Premises shall be in accordance with all lawsgood, codes, statues, requirements or other directive of any governmental or quasi-governmental authority sanitary order condition and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable lawsrepair.
Appears in 1 contract
Tenant Improvements. 4.01As of the Effective Date, the City and its agents, employees, vendors, and/or contractors are permitted to access and make improvements to the Property to allow for its use as a public parking facility, including, but not limited to, the demolition of the existing structure and the installation of a temporary parking surface, such as crushed shell, stone, ▇▇▇▇▇▇▇▇ or asphalt and the installation of curb stops to aid in marking and identifying the parking spaces (the “Tenant Improvements”). In connection with the Tenant Improvements, the City shall perform be responsible at its sole cost and expense for such Tenant Improvements and the work more particularly described on Exhibit “D” attached hereto (the “City’s Work”) and incorporated herein by reference. The City may install, at DocuSign Envelope ID: 12858BD9-7E80-44B6-853E-10F4E4129013 its sole cost and expense, any necessary signage to identify the Property as a public parking facility, to identify designated parking spaces, to identify handicapped parking spaces, to impose any rules or restrictions on the use of the Property for public parking as the City in its sole but reasonable discretion deems necessary or appropriate, and any other signage the City deems necessary or appropriate. The City, in its sole but reasonable discretion, may establish any rules or regulations for use of the Property for public parking, including but not limited to the hours of use, the length of time someone may park on the Property, vehicles that are permitted to park on the Property, and any charges that may be imposed for parking on the Property. If the City chooses to impose any fees for parking on the Property, all constructionfees collected shall be retained by the City. The City may allow others to operate the Property for public parking on the City’s behalf, improvementsincluding collecting any charges the City may impose for parking on the Property. The City shall be solely responsible for engaging and compensating all consultants, surveyors, engineers, and other contractors related to the Tenant Improvements, and shall control all design aspects of the Tenant Improvements. Except as otherwise provided herein, the City shall not make any alterations, additions, modifications, decorations and alterations that may be proposed or undertaken by or for improvements to the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require LandlordProperty without Owner’s prior written consent. Notwithstanding the foregoing, Landlord’s which consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned conditioned, or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Sources: Parking Facility Lease
Tenant Improvements. 4.01. Unless specified otherwise herein, Tenant shall perform bear and pay the cost of the Tenant Improvements (which cost shall include, without limitation, the costs of construction as provided for in the Tenant Improvement Contractor’s contract, the cost of permits, and all constructionarchitectural, design, space planning, and engineering services obtained by Tenant in connection with Tenant Improvements, office improvements, additionswiring and cabling costs, modificationsand cubicle costs; provided that so long as Tenant is not in monetary or material non-monetary default under the Lease with respect to which it has received written notice from Landlord, decorations Landlord shall contribute a maximum of $60 per rentable square foot, for an aggregate maximum of $17,400,0004 (the “Tenant Improvement Allowance”), which shall be utilized only for improvements to the Building, and alterations that may be proposed or undertaken by or for any related “soft costs,” including but not limited to design fees, consulting fees for audio/visual, cabling, telephone, security and computer systems; mechanical/electrical engineers’ fees; and construction management (the account of Tenant to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“AlterationsTI Costs”). All Alterations The foregoing shall not be read to prevent Tenant from curing the applicable default and then being entitled to the applicable disbursement(s) once the default is cured if such cure is completed within the applicable cure period, if any, expressly set forth in this Work Letter or the Lease. The Tenant Improvement Allowance shall be available to Tenant only until October 31, 2018 (the “TI Allowance Deadline”). Landlord shall have no further obligation to make disbursements of the Tenant Improvement Allowance with respect to requests for disbursements made by Tenant after the TI Allowance Deadline; provided, however, that Landlord will remain obligated to honor requests for disbursement properly made by Tenant prior to the TI Allowance Deadline. There shall be no construction management fee or architectural review fee charged by Landlord in conformity connection with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02Tenant Improvements. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the followingSubject to such deadline:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three of the following criteria: the Alterations (i) are not Major Work (as hereinafter defined), (ii) do not cost, in Not later than the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations with the exception 25th day of Alterations which are Major Work each month Tenant may submit applications for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver payment to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord Landlord, including Tenant Improvement Contractor’s Application and suitable Certification for recording purposesPayment AIA G702 certified by Tenant Improvement Architect, from each contractorcertified as correct by an authorized representative of Tenant and by Tenant’s architect, subcontractorfor payment of that portion of the TI Costs allocable to the prior month. Each application for payment shall set forth such information and shall be accompanied by such supporting documentation as shall be reasonably requested by Landlord, material supplier and laborer that perform Alterations, repairs or maintenance at including the Premises and whose invoices exceed Ten Thousand Dollars following:
($10,000.00A) in the aggregateInvoices.
(fB) Fully executed conditional lien releases in the form prescribed by law from the Tenant Improvement Contractor and all subcontractors and suppliers furnishing labor or materials during such period and fully executed unconditional lien releases from all such entities covering the prior payment period.
(C) Tenant shall performImprovement Contractor’s worksheets showing percentages of completion.
(D) Tenant Improvement Contractor’s certification as follows: 4 Based on the Leased Premises containing 290,000 rentable square feet, and subject to measurement as described in the “Leased Premises” definition in the Lease, and adjustment. Building E “There are no known mechanics’ or cause to be performedmaterialmen’s liens outstanding at the date of this application for payment, all Alterationsdue and payable bills with respect to the Building have been paid to date or shall be paid from the proceeds of this application for payment, repair and maintenance there is no known basis for the filing of any mechanics’ or materialmen’s liens against the Building or the Property, and, to the best of our knowledge, waivers from all subcontractors are valid and constitute an effective waiver of lien under applicable law to the extent of payments that have been made or shall be made concurrently herewith.”
(ii) On or before the 30th day following submission of the application for payment, so long as Tenant is not in default under the terms of this Work Letter or the Leases, Landlord shall pay the amount so requested (but in no event more than $60 per square foot for the applicable space under construction), provided that at such time as Landlord has paid the entire Tenant Improvement Allowance on account of such Tenant Improvement work, all ▇▇▇▇▇▇▇▇ shall be paid entirely by Tenant. Notwithstanding the foregoing, Landlord shall have no obligation to make disbursements of the Tenant Improvement Allowance at any time that Landlord has delivered written notice of a monetary or material non-monetary default under the Lease or this Work Letter by Tenant until such default has been cured. If upon completion of the Tenant Improvement Work and payment in full to the Tenant Improvement Contractor, the architect and engineer, and payment in full of all fees and permits, the portion of the cost of the Tenant Improvement Work, architects’ and engineers’ fees, permits and fees theretofore paid by Landlord is less than the Tenant Improvement Allowance, Landlord shall reimburse Tenant for costs expended by Tenant for Tenant Improvement work up to the amount by which the Tenant Improvement Allowance exceeds the portion of such cost theretofore paid by Landlord. Landlord shall have no obligation to advance the Tenant Improvement Allowance to the extent it exceeds the total cost of the Tenant Improvement Work. In no event shall Landlord have any responsibility for the cost of the Tenant Improvement Work in excess of the Improvement Allowance. Landlord shall have no obligation to make any payments to Tenant Improvement Contractor’s material suppliers or subcontractors or to determine whether amounts due them from Tenant Improvement Contractor in connection with diligence, using only new, first class materials and suppliesthe Tenant Improvement work have, in a good fact, been paid. The foregoing shall not be read to prevent Tenant from curing the applicable default and workmanlike manner then being entitled to the applicable disbursement once the default is cured if such cure is completed within the applicable cure period, if any, expressly set forth in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements this Work Letter or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable lawsthe Lease.
Appears in 1 contract
Tenant Improvements. 4.01Landlord shall construct and, except as provided below to the contrary, pay for the entire cost of constructing the following tenant improvements in the Premises (collectively, the “Tenant Improvements”): • remove seven (7) offices (See Exhibit A); • patch and repair of ceiling by way of replacement. Ceiling grid in the area of the demolition will be replaced and repaired using new materials consisting of equal quality, structure, color, texture and appearance (to the extent such materials are still available) to ensure a consistent “matched’ appearance throughout the Premises; • new carpet and base throughout the Premises (utilizing a mutually agreed upon Building-Standard carpet and base that is in stock); • cap any remaining floor cores unused by Tenant’s furniture and cover with the new carpet; and • touch-up paint as needed throughout the Premises. Tenant may request changes to the Tenant Improvements provided that (a) the changes shall perform all construction, improvements, additions, modifications, decorations and alterations that may not be proposed or undertaken by or of a lesser quality than Landlord’s standard specifications for tenant improvements for the account of Tenant to prepareBuilding, equip, decorate and furnish as the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy same exists on the Effective Date (the “AlterationsStandards”). All Alterations shall ; (b) the changes conform to applicable governmental regulations and necessary governmental permits and approvals can be secured; (c) the changes do not require building service beyond the levels normally provided to other tenants in conformity the Building; (d) the changes do not have any adverse effect on the structural integrity or systems of the Building; (e) the changes will not, in Landlord’s opinion, unreasonably delay construction of the Tenant Improvements; and (f) Landlord has determined in its sole but reasonable discretion that the changes are of a nature and quality consistent with the standards overall objectives of quality Landlord for the Building. If Landlord approves a change requested by Tenant, then, as a condition to the effectiveness of constructionLandlord’s approval, tenant occupancy of Tenant shall pay to Landlord upon demand by Landlord the Building and the overall aesthetic of the Building increased actual cost attributable to such change, as reasonably determined by Landlord.
4.02. All maintenance and repair, and To the extent any Alterations, performed by, on behalf such change results in a delay of or for the account completion of Tenant, shall comply with the following:
(a) Any Alterations require Landlord’s prior written consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations comply with all three construction of the following criteria: the Alterations (i) are not Major Work (Tenant Improvements, then such delay shall constitute a delay caused by Tenant as hereinafter defined), (ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permitdescribed below. Landlord agrees not to unreasonably withhold, condition or delay, its consent to Alterations Concurrently with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretion.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value construction of the Building or Property or adversely affect the usefulness of the Building or Property Tenant Improvements, but not as a first-class office building;
(c) All Major Work part thereof, Landlord shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord allow the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All installation of Tenant’s contractors, whether retained under this section or as contemplated elsewhere security system for access to the Premises in the LeaseBuilding elevators serving the Premises by Tenant, utilizing Tenant’s security installation vendor(s), provided such installation shall be under the supervision of Landlord. All costs of such installation, and the removal thereof upon Tenant’s vacation of the Premises, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. be Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premisesresponsibility.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Tenant Improvements. 4.01Landlord and Tenant have approved that certain space plan which is attached hereto as Schedule 1 (the “Space Plan”). Within five (5) days of the date on which Tenant executes this First Amendment, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information necessary to allow the Landlord’s architects and engineers to complete the architectural and engineering drawings for the Expansion Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a natural and logical extension of, the Space Plan (collectively, the “Approved Working Drawings”). Landlord shall construct the improvements in the Expansion Premises (the “Tenant Improvements”) in good workmanlike condition pursuant to the Approved Working Drawings. Tenant shall perform all construction, improvements, additions, modifications, decorations and alterations that may be proposed make no changes or undertaken by or for the account of Tenant modifications to prepare, equip, decorate and furnish the Premises for Tenant's initial and/or continued use and 4846-0294-9028.v11 occupancy (“Alterations”). All Alterations shall be in conformity with the standards of quality of construction, tenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, and any Alterations, performed by, on behalf of or for the account of Tenant, shall comply with the following:
(a) Any Alterations require the Space Plan, or (b) once completed, the Approved Working Drawings, without the prior written consent of Landlord, which consent may be withheld in Landlord’s prior written consentsole discretion if such change or modification is reasonably likely to directly or indirectly materially delay the “Substantial Completion,” as that term is defined in Section 5.1 of this Tenant Work Letter, of the Tenant Improvements or increase the cost of designing or constructing the Tenant Improvements. The Tenant Improvements shall be constructed in accordance with Landlord’s Building standards, using Building standard methods, materials and finishes. Notwithstanding the foregoing, Landlord’s consent except as specifically set forth in Section 2, below, the Tenant Improvements shall not be required for any Alterations comply with all three of include built-in furniture, equipment, cubicle systems (including the following criteria: the Alterations (i) are not Major Work (as hereinafter definedcabling and phone wiring), (ii) do not costpersonal property and/or any above-standard electrical, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (iii) do not require a building permit. Landlord agrees not to unreasonably withhold, condition mechanical or delay, its consent to Alterations with the exception of Alterations which are Major Work for which Landlord may withhold its consent in its sole and absolute discretionplumbing systems.
(b) Any Alterations or repair or maintenance performed by or on behalf of Tenant must not, individually or in the aggregate, lessen the value of the Building or Property or adversely affect the usefulness of the Building or Property as a first-class office building;
(c) All Major Work shall be performed by contractors, engineers and/or architects approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed.
(d) Tenant shall, in advance, deliver to Landlord the name and address of Tenant's contractors, subcontractors, material suppliers and laborers, and a breakdown of the aggregate total cost of the Alterations repairs or maintenance, together with a certificate of insurance for such contractors, subcontractors, material suppliers and laborers. All of Tenant’s contractors, whether retained under this section or as contemplated elsewhere in the Lease, shall carry and maintain insurance in such minimum amounts and types of coverage as Landlord may reasonably require, naming Landlord and Landlord’s agents as additional insureds. Tenant’s contractors shall deliver current certificates of insurance to Landlord prior to performance of any work at the Premises.
(e) Tenant shall, within twenty (20) days after completion of any Alterations, repairs or maintenance, provide original, fully executed final lien waivers in a form reasonably acceptable to Landlord and suitable for recording purposes, from each contractor, subcontractor, material supplier and laborer that perform Alterations, repairs or maintenance at the Premises and whose invoices exceed Ten Thousand Dollars ($10,000.00) in the aggregate.
(f) Tenant shall perform, or cause to be performed, all Alterations, repair and maintenance with diligence, using only new, first class materials and supplies, in a good and workmanlike manner in accordance with plans approved by Landlord and in accordance with all laws, codes, statues, requirements or other directive of any governmental or quasi-governmental authority and any and all approvals, permits, licenses or consents required by any ordinance, law or public regulations or by any authority having jurisdiction. Tenant warrants that all Alterations, when completed, will comply with all applicable laws.
Appears in 1 contract
Sources: Lease (Inhibrx, Inc.)