Tenant Improvements. Upon execution hereof and prior to the Expansion Space Commencement Date, Landlord shall, at Landlord's cost and expense, perform the following work in the Expansion Space, using Building standard materials: (1) shampoo the existing carpet; (2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition; (3) paint the walls as shown on EXHIBIT "B" attached hereto; (4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto; (5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto; (6) dry clean all existing drapery; (7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto; (8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto; (9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates; (10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering); (11) commercially clean all existing vinyl wallcovering; and (12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s).
Appears in 2 contracts
Sources: Office Space Lease (Adexa Inc), Office Space Lease (Adexa Inc)
Tenant Improvements. Upon execution hereof (a) Other than as otherwise set forth in this Lease, T▇▇▇▇▇ accepts the Premises in its “AS IS” “WHERE IS” condition, with all faults, and prior Landlord shall have no obligations whatsoever to improve or pay for any improvements to the Expansion Space Commencement DatePremises for Tenant’s use and occupancy thereof except only as provided in this Section 29. Tenant intends to make improvements to the Premises (the “Tenant Improvements”), and pursuant to Section 29, shall be responsible for the cost thereof, and will have plans for such Tenant Improvements designed and approved by Landlord shallin accordance with Section 29(b) below, at and constructed by Tenant in accordance with Section 29(c) below. Tenant confirms all Tenant Improvements are for the immediate use and benefit of Tenant only.
(b) Tenant’s improvement plans and specifications for such Tenant Improvements to the Premises shall be prepared by a licensed architect selected by T▇▇▇▇▇ and subject to the approval by Landlord's cost , such approval not to be unreasonably withheld, conditioned or delayed. The plans and expensespecifications for the Tenant Improvements will be prepared in sufficient detail to permit Tenant to construct the Tenant Improvements, perform and shall include, as applicable, demising walls, a partition layout (dimensioned), door location and door schedule including hardware, reflected ceiling plan, telephone and electrical outlets with locations (dimensioned), special electrical, HVAC and/or plumbing work, mechanicals, special loading requirements, such as the following work location of file cabinets and special equipment, openings in the Expansion Spacewalls or floors, using all necessary sections and details for special equipment and fixtures, and finishes including, without limitation, carpentry and millwork, floor coverings, wall coverings, color schedules, and any other special finishes. The plans for the Tenant Improvements shall be prepared in accordance, and shall comply in all respects, with all Laws for the issuance of a Building standard materials:
(1) shampoo Permit from the existing carpet;
(2) remove a four (4) foot wide portion City of Phoenix. Landlord shall not unreasonably withhold, condition or delay its approval of the partition between Suite 1200B plans and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connectedspecifications for the Tenant Improvements. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
Within ten (10) patch days after receipt, Landlord shall provide to Tenant in writing either its approval of such plans and specifications of the nail holes in Tenant Improvements submitted by Tenant, or any specific comments or objections that Landlord may have. If Landlord fails to respond within such ten (10) day period, Tenant’s plans and specifications shall be deemed approved or Tenant may deemed such delay a Landlord Delay as defined below. If Landlord timely provides to Tenant Landlord’s comments or objections to the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B plans and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" specifications of the Tenant Improvements. As such, Tenant will revise such plans and specifications to address such comments or objections and re-submit the plans and specifications and Landlord may complete will continue to approve or object to the same in the process set forth above until such items during Tenant's Early Occupancy plans and specifications of the Expansion SpaceTenant Improvements are finally approved or deemed approved by Landlord. Upon approval or deemed approval by Landlord, the plans and specifications for the Tenant Improvements shall become final and shall not be materially changed without Landlord’s further approval, which shall not be unreasonably withheld, conditioned or delayed (as finally approved, the “Final Plans”, a copy of which shall be attached to and become a part of this Lease as Exhibit “F”). Landlord’s review or approval of the Tenant Improvement Plans does not constitute a code review and shall not be a representation or warranty of Landlord that the Tenant Improvement Plans are fit for any use, comply with any Laws or satisfy all requirements of the City of Phoenix and the Cotton Center CCR’s and the A▇▇▇▇▇ CC&Rs, and Tenant shall have no right to rely upon any such review or approval thereof by Landlord. Landlord shall have no liability to Tenant or any third party by reason of such review or approval, and L▇▇▇▇▇▇▇’s review of the Tenant Improvement Plans and monitoring of construction shall be solely for its own benefit.
(c) Tenant shall complete the Tenant Improvements to the Premises in accordance with the Final Plans, all applicable Laws, and all applicable provisions of this Lease including, but not limited to, provisions relating to Alterations, the provision of insurance, the delivery of Lien Waivers (as defined below) pursuant to Section 29(f) below, and the delivery of permits to Landlord pursuant to Section 29(c) below. The contractors selected by Tenant for bidding on the Tenant Improvements shall be subject to the approval of Landlord, which shall not be unreasonably withheld, conditioned or delayed. Landlord hereby approves the following contractor and subcontractors: DPR Construction, Commonwealth Electric, and H▇▇▇▇▇ Mechanical. Tenant shall require all contractors and subcontractors to be adequately insured as reasonably required by Landlord, naming Landlord and the Landlord Additional Insureds, as additional insureds. The Tenant Improvements shall be the property of Tenant until the expiration or termination of this Lease, as the same may be extended as set forth herein at that time without payment by Landlord, the Tenant Improvements, including without limitation any laboratory fixtures and improvements, shall remain on the Premises and become the property of Landlord unless Landlord gives notice to Tenant, at the time of Landlord’s approval thereof, to remove all or any part thereof at the expiration or termination of this Lease, in which event Tenant will remove all or such designated parts, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s installation of the Commencement DateTenant Improvements, all in accordance with Section 21(a) above.
(d) All construction relating to the Tenant Improvements shall be done in a good and workmanlike manner and shall comply in all respects at the time of completion with all Laws of the City of Phoenix and all other governmental authorities having jurisdiction over the Premises. Tenant hereby acknowledges Landlord's right shall obtain all governmental approvals and permits related to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlordpromptly deliver copies of the same to Landlord prior to the start of any work relating to the Tenant Improvements. During Landlord's Promptly after the substantial completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts provide Landlord with the following documents with respect to minimize interference with Landlord's completion of the Premises and the Tenant Improvements, if required by the City of Phoenix or other applicable Laws: (i) a Certificate of Occupancy; (ii) a full set of final and un-appealable permits and approvals; (iii) “as-built” plans (hard copy and CAD); and, (iv) a statement of completion by a licensed architect confirming that the Tenant Improvements were completed in accordance with the Final Plans. Except to the extent caused by the active negligence or willful misconduct of Landlord or its Agents, Tenant hereby expressly waives will indemnify, defend, and hold harmless the Landlord Additional Insureds and their respective Agents from and against any and all claims it claims, actions, damages, proceedings, costs, liability and expense (including reasonable fees of attorneys, investigators and experts) which may have against be asserted against, imposed upon, or incurred by any of the Landlord Additional Insureds or their respective Agents and arising from future out of or in connection with loss of life, personal injury or damage to property in or about the Premises or arising out of Tenant's property ’s performance of the work to install the Tenant Improvements, whether in contract or tort, occasioned wholly or in part by Landlord any act or omission of Tenant or its contractors during and workers. Tenant’s obligations pursuant to this Section 29(d) shall survive the completion expiration or termination of this Lease. In case any action or proceeding is brought against any of the Landlord Additional Insureds or their respective Agents by reason of any such claim, Tenant, upon notice from any of the Landlord Additional Insureds or their respective Agents, will, at T▇▇▇▇▇’s sole cost and expense, resist and defend such action or proceeding with counsel acceptable to such Landlord Additional Insureds and their respective Agents.
(e) Tenant shall, subject to Section 29(f) below, pay the costs, expenses and fees incurred for the construction of the Tenant Improvements, including without limitation (i) architectural, engineering and design costs, (ii) the cost charged to Tenant by the general contractor and all subcontractors for performing such construction, (iii) project management fees, (iv) construction permit fees, and (v) costs of built-in furniture, (vi) mechanical and structural engineering fees, and, up to Fifty Thousand Dollars ($50,000) for the costs of the FEE incorporated into the Premises (together, the “Tenant Improvement Costs”).
(f) Landlord shall provide an allowance to Tenant not to exceed Four Hundred Seventy-Two Thousand Five Hundred Twenty-Two Dollars and Fifty Cents ($472,522.50) (based on Twenty-Two Dollars and Fifty Cents ($22.50) per rentable square foot of the Premises) (the “Tenant Improvement Allowance”) which shall be used by Tenant to pay for the Tenant Improvement Costs in accordance with Section 29(e) above. In no event shall Landlord be responsible for any of the Tenant Improvement Costs in excess of the Tenant Improvement Allowance. Accordingly, Tenant shall be responsible for all Tenant Improvement Costs in excess of the Tenant Improvement Allowance.
(g) Tenant shall promptly pay all Tenant Improvement Costs as they become due. Tenant may submit to Landlord no more than two (2) applications for payment reimbursement to be applied against the Tenant Improvement Allowance (each, a “Reimbursement Application”). Each Reimbursement Application shall include: (i) executed statutory unconditional waivers of liens and releases on final payment, in compliance with A.R.S. § 33-1008 or any other or statute now or hereafter in effect, reasonably satisfactory to Landlord, from all of Tenant’s contractors, subcontractors, suppliers, and materialmen performing work at the Premises in connection with the Tenant Improvements confirming the payment in full of all Tenant Improvement Costs included in the then current Reimbursement Application (collectively, the “Lien Waivers”); (ii) sufficient evidence of payment from Tenant to Tenant’s contractor of all Tenant Improvement Costs included in the then current Reimbursement Application; and (iii) a certification completed by T▇▇▇▇▇’s architect confirming the Tenant Improvements included in the then current Reimbursement Application were performed in accordance with the Tenant Improvement Plans (collectively, the “Partial Reimbursement Requirements”). When the Tenant Improvements are completed in their entirety, as a condition of the final Reimbursement Application, Tenant shall provide: (i) executed final Lien Waivers, confirming the payment in full of all Tenant Improvement Costs up to the limit of the Tenant Improvement Allowance and the release of liens against the Premises; (ii) sufficient evidence of payment from Tenant to Tenant’s contractor(s) of all Tenant Improvement Costs up to the limit of the Tenant Improvement Allowance; and (iii) a certification completed by T▇▇▇▇▇’s architect confirming the Tenant Improvements are complete and were performed in accordance with the Tenant Improvement Plans (collectively, the “Final Reimbursement Requirements”). Landlord shall have thirty (30) days after the receipt of each complete Reimbursement Application to submit its reimbursement payment to Tenant. Landlord shall not be required to issue any reimbursement payment to Tenant if the Reimbursement Application does not include the Partial Reimbursement Requirements or the Final Reimbursement Requirements, as the case may be.
(h) Tenant shall make a complete reimbursement submission for the Tenant Improvement Costs up to the amount of the Tenant Improvement Allowance no later than one (1) year after the Commencement Date. Landlord shall not be required to make payments on account of the Tenant Improvement Allowance for any Tenant Improvement Costs not submitted to Landlord by the foregoing date, and Tenant hereby expressly agrees shall not have any claim to assert any portion of the Tenant Improvement Allowance not properly used by such claims date. In no event shall any portion of the Tenant Improvement Allowance be used to offset Tenant’s Rent obligations.
(i) In addition to the Tenant Improvement Allowance, provided no Event of Default exists under the Lease, Tenant shall have the one (1) time right, upon written notice to Landlord no later than April 1, 2019 to have Landlord provide an additional allowance (the “Additional Allowance”) in an amount up to the product of (i) Thirty Dollars ($30.00), multiplied by (ii) the square feet of rentable area in the Premises. If Tenant fails timely to elect for Landlord to provide the Additional Allowance then T▇▇▇▇▇’s right to the Additional Allowance will automatically lapse and be of no further force and effect. If Tenant timely elects for Landlord to bear provide the risk Additional Allowance, then (x) the Additional Allowance as determined by Tenant by notice to Landlord, shall only be applied toward Tenant Improvements, and (y) except as provided in Section 4(d) the Additional Allowance will be deemed to be included in the term “Tenant Improvement Allowance”. Commencing on the March 1, 2019, Tenant shall begin repaying, and thereafter repay each calendar month, the Additional Allowance to Landlord as set forth herein. The Additional Allowance will be amortized at an annual interest rate of eleven percent (11%) in 85 equal monthly installments. If the Additional Allowance is elected by T▇▇▇▇▇, Landlord and Tenant shall promptly enter into an amendment to the Lease specifying the amount of the Additional Allowance and the applicable installments or payments thereof.
(j) Notwithstanding anything in this Lease to the contrary, the period to which the Abatement is applicable (three calendar months) shall be extended by any and all such damage and any and all related losses, unless caused by delay in Tenant’s completion of the gross negligence Tenant Improvements arising from the acts or omissions of Landlord or its Agents, including without limitation, (i) Landlord's contractor(s)’s failure to deliver the Premises to Tenant with all Building Systems in good working order and repair, (ii) Landlord’s failure to provide comments and approvals on a timely basis as required by this Lease, or (iii) Landlord’s failure to provide Tenant and its contractors access to the Premises or services reasonably required to perform the Tenant Improvements.
Appears in 2 contracts
Sources: Lease Agreement (Caris Life Sciences, Inc.), Lease Agreement (Caris Life Sciences, Inc.)
Tenant Improvements. Upon execution hereof Subject to this Section 4, Tenant shall accept the Suite WB100 Premises and prior Suite WB200 Premises in their “as is” condition (subject to Landlord's continuing repair and maintenance obligations, as outlined in Section 10 of the Lease (as may be amended)), and Landlord shall have no obligation to make any alterations or improvements thereto whatsoever (provided that Landlord shall deliver same in good and tenantable condition, broom clean, with all systems serving same in good working order). Any alterations that Tenant desires to make in the Suite WB100 Premises and Suite WB200 Premises shall be subject to all the terms and conditions set forth in Section 11 of the Lease. Notwithstanding anything in the Lease to the contrary (and specifically deleting the references to the Improvements Allowances (as defined in Section 7 of the Fourth Amendment) for the DB First Floor Expansion Space Commencement DatePremises and the DB Second Floor Expansion Premises in Section 7 of the Fourth Amendment), Landlord shall, at Landlord's cost and expense, perform the following work hereby agrees to grant Tenant (i) an allowance in the Expansion Spaceamount of $217,480.45 (i.e. $29.33 per rentable square foot multiplied by 7,416 rentable square feet) (the “Suite WB100 Granted Allowance”) to be applied toward the cost (including architectural and engineering fees) of alterations performed by Tenant in the Suite WB100 Premises and (ii) an allowance in the amount of $124,988.76 (the “Suite WB200 Granted Allowance”, using Building standard materials:
(1together with the Suite WB100 Granted Allowance, collectively, the “Granted Allowance”) shampoo to be applied toward the existing carpet;
(2) remove a four (4) foot wide cost of the design and construction of any alterations Tenant desires to perform in Suite WB100 Premises and Suite WB200 Premises, respectively, in conjunction with Tenant’s initial occupancy of Suite WB100 Premises and Suite WB200. Any portion of the partition between Granted Allowance may be applied to pay the fees of the architect and engineers and any construction supervision, contractors' overhead and profit charges, along with fees for any project manager employed by Tenant with respect to such alterations, as well as any licensing and permitting costs and fees; provided, the Suite 1200B WB100 Granted Allowance may only be used for the Suite WB100 Premises and 1210the Suite WB200 Granted Allowance may only be used for the Suite WB200 Premises. The cost of Tenant’s alterations in the Suite WB100 Premises shall be paid first out the Suite WB100 Granted Allowance until the Suite WB100 Granted Allowance is exhausted (at which time Tenant shall be fully responsible for the cost of any further alterations), and the cost of Tenant’s alteration in a mutually acceptable locationthe Suite WB200 Premises shall be paid first out the Suite WB200 Granted Allowance until the Suite WB200 Allowance is exhausted (at which time Tenant shall be fully responsible for the cost of any further alterations). Provided no Event of Default then exists under the Lease, such that the Granted Allowance (or portions thereof) shall be disbursed to Tenant within thirty (30) days following Tenant's submission to Landlord of paid invoices for work related to alterations performed by Tenant in the Suite 1200B WB100 Premises and Suite 1210 WB200 Premises, accompanied by waivers of liens executed by all contractors employed by Tenant for the performance of such work. If the cost of Tenant's alterations in the Suite WB100 Premises or the Suite WB200 Premises exceeds the amount of the Suite WB100 Granted Allowance or the Suite WB200 Granted Allowance, the excess shall be connectedpaid by Tenant after the Suite WB100 Granted Allowance or the Suite WB200 Granted Allowance is fully exhausted. The opening shall Any portion of the (i) Suite WB100 Granted Allowance that has not been applied (or contracted to be painted drywall partition;
(3applied) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on manner set forth above by the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
date which is twelve (12) patch months following the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred WB100 Premises Seventh Amendment Commencement Date shall revert to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts have no further rights with respect thereto and (ii) Suite WB200 Granted Allowance that has not been applied (or contracted to minimize interference with be applied) in the manner set forth above by the date which is twelve (12) months following the Suite WB200 Premises Seventh Amendment Commencement Date shall revert to Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)shall have no further rights with respect thereto.
Appears in 2 contracts
Sources: Lease Agreement (Precision Biosciences Inc), Lease Agreement (Precision Biosciences Inc)
Tenant Improvements. Upon execution hereof and prior to the Expansion Space Commencement Date, Landlord shall, at Landlord's cost and expense, perform the following work in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 5.1. Tenant shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 cause appropriate improvements consistent with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as Permitted Use (the "Tenant Improvements." Items ") to be constructed in the Premises pursuant to the Work Letter attached hereto as Exhibit G (6the "Work Letter") at a cost to Landlord not to exceed Four Million Dollars ($4,000,000.00) (the "TI Allowance"). The TI Allowance may be applied to the costs of (a) construction, (b) project review by Landlord (which shall be limited to reimbursement for Landlord’s third party costs up to a maximum amount of Forty Thousand Dollars ($40,000.00)), (7)c) commissioning of mechanical, electrical and plumbing systems by a licensed, qualified commissioning agent hired by Tenant, and (8) above shall not be required to be completed in order to constitute "substantial completion" review of the Tenant Improvements. As suchsuch party's commissioning report by a licensed, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary qualified commissioning agent hired by Landlord. During Landlord's completion , (d) space planning, architect, engineering and other related services performed by third parties unaffiliated with Tenant, (e) building permits and other taxes, fees, charges and levies by Governmental Authorities (as defined below) for permits or for inspections of the Tenant Improvements, and (f) costs and expenses for labor, material, equipment and fixtures, including, without limitation, payments for such purposes to Tenant or any affiliates of Tenant, provided such amounts are consistent with competitive market rates charged for the services and materials rendered by unrelated persons or entities of similar skill, competence and experience in an arms-length transaction. In no event shall the TI Allowance be used for (m) the cost of work that is not authorized by the Approved Plans (as defined in the Work Letter) or otherwise approved in writing by Landlord, (n) the purchase of any furniture, personal property or other non-building system equipment, (o) costs resulting from any default by Tenant of its obligations under this Lease or (p) costs that are recoverable by Tenant from a third party (e.g., insurers, warrantors, or tortfeasors).
5.2. Tenant shall have until December 31, 2017 (the "TI Deadline") to request disbursement for the unused portion of the TI Allowance. Landlord shall not be obligated to fund requests of the TI Allowance made after such date, provided that the TI Deadline shall be subject to extension on a day-for-day basis for any delay in the Construction Work caused by force majeure events. Tenant shall notify Landlord in writing upon the occurrence of any force majeure event that delays or is reasonably expected to delay the Construction Work and shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of mitigate any such delays to the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion extent reasonably practicable. To the extent that the total cost of the Tenant ImprovementsImprovements exceeds the TI Allowance (such excess, the "Excess TI Costs"), Tenant shall be solely responsible for any overages. In no event shall any unused TI Allowance entitle Tenant hereby expressly waives any and all claims it may have to a credit against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion Rent payable under this Lease. Following Substantial Completion of the Tenant Improvements, Tenant shall deliver to Landlord (a) a certificate of occupancy for the Premises suitable for the Permitted Use and Tenant hereby expressly agrees not to assert any such claims and to bear (b) a Certificate of Substantial Completion in the risk form of any and all such damage and any and all related lossesthe American Institute of Architects document G704, unless caused executed by the gross negligence of Landlord or Landlord's contractor(s)project architect.
Appears in 2 contracts
Sources: Lease Agreement (Innovative Industrial Properties Inc), Purchase and Sale Agreement (Innovative Industrial Properties Inc)
Tenant Improvements. Upon execution hereof and prior Tenant may also build certain additional improvements to the Expansion Space Commencement DatePremises (the “Tenant Improvements”), as more particularly described in the Work Letter attached as Exhibit “E”. Landlord shallhas included a Tenant Improvement allowance of Six Dollars ($6.00) per square foot of the Building (“TI Allowance”) (i.e., if the Building is 430,500 square feet, $2,583,000.00) for design, construction drawings, permits and actual construction of the Tenant Improvements and for payment of any Change Order Costs. Tenant shall be entitled to seek disbursement from the available TI Allowance to be paid, at Landlord's Tenant’s election, either to Tenant to the extent Tenant has previously paid such amounts or directly to Tenant’s contractors, their subcontractors, and suppliers for the cost of any Tenant Improvements constructed or installed by such contractors, subcontractors, and/or suppliers. Landlord shall provide said disbursement within thirty (30) days after receipt of a written request for disbursement, provided that Tenant is in compliance with the following: (i) Landlord must receive a written request for disbursement from Tenant together with complete invoices with all back up including copies of invoices from subcontractors to support general contractor invoices; (ii) Landlord must have received W-9s for each contractor, subcontractor or supplier to paid; (iii) Landlord must receive conditional upon progress lien waivers for each contractor, subcontractor or supplier to paid along with unconditional upon progress lien waivers for all previous disbursements; and expense, perform the following work (iv) Tenant is not in default of any of its obligations under this lease. All Tenant Improvements shall be constructed in the Expansion Spacemanner set forth in the Work Letter. All invoices shall be subject to a ten percent (10%) retention to be held either under the applicable construction contract, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion or if no retention thereunder, by Landlord. Payment of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 ten percent (10%) retention shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside made upon Landlord’s receipt of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover“as-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" built” drawings of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy Invoices must be received by the 5th of the Expansion Space, but prior month to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)be paid within thirty (30) days.
Appears in 2 contracts
Sources: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)
Tenant Improvements. Upon execution hereof Landlord is providing the basic Premises in its current “AS IS” condition, without representation or warranty of any kind, and prior Landlord shall have no obligation to make any modifications or alterations to the Expansion Space Commencement DatePremises except as specifically set forth in this Section 17.1. Notwithstanding the foregoing, Landlord shallagrees at its sole cost to (i) construct demising walls to separate the Premises from the remainder of the Building, (ii) install separate meters to measure the gas and electricity being used at Landlord's the Premises; and (iii) physically separate the fire sprinkler system serving the Premises (the “Landlord Improvements”). Landlord shall complete the Landlord Improvements in compliance with all applicable Laws. Item (iii) of the Landlord improvements shall include physically repositioning any fire sprinkler heads required for the construction of the demising walls; item (iii) of the Landlord Improvements shall specifically exclude any other alterations to the fire sprinkler system in the Premises, or any alterations to the fire sprinkler system in the Premises that are required to comply with any Laws; notwithstanding anything to the contrary in this Lease, any such alterations to the fire sprinkler system in the Premises, to the extent required by Tenant or applicable Laws, shall be completed by Tenant at its sole cost and expense. Landlord agrees to coordinate the tenant improvements (the “Tenant Improvements”) described on Exhibit 17.1.1 attached hereto. The costs of the Tenant Improvements shall be the sole responsibility of Tenant; provided, perform however, that Landlord shall provide Tenant with an allowance of up to $120,000.00 (the following work in “Allowance”). Landlord shall use the Expansion Space, using Building standard materials:
Allowance to pay: (1) shampoo all costs and expenses directly incurred by Landlord, if any, in the existing carpet;
construction of the Tenant Improvements (including all applicable licenses and permits); (2) remove a four (4) foot wide portion all costs and expenses directly incurred by Landlord for the preparation or review of all plans and specifications for the partition between Suite 1200B Tenant Improvements; and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(a construction supervision fee to Landlord’s construction agent, CB ▇▇▇▇▇▇▇ ▇▇▇▇▇, equal to 6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside % of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" actual costs of construction of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy If the cost of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for exceeds the Allowance, then Tenant shall pay such other purposes deemed necessary by Landlordexcess cost to Landlord as Additional Rent pursuant to Section 2.2. During Landlord's completion If the cost of the Tenant ImprovementsImprovements is less than the Allowance, Landlord then Tenant shall use commercially reasonable efforts not be entitled to minimize interference with any payment or credit for such excess amount. Any other improvements made to the Premises by Tenant shall be at Tenant's use and enjoyment of the Expansion Space’s sole expense, and Tenant shall use commercially reasonable efforts be deemed an “Alteration” subject to minimize interference with Landlord's completion Article 8 of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)this Lease.
Appears in 2 contracts
Sources: Lease Agreement (G Iii Apparel Group LTD /De/), Lease Agreement (G Iii Apparel Group LTD /De/)
Tenant Improvements. Upon execution hereof and prior to the Expansion Space Commencement Date, Landlord shallTenant, at Landlord's its sole cost and expense, perform shall ------------------- construct and install within the following work Premises its desired tenant improvements and other improvements in accordance with the Approved Working Drawings (defined below), which tenant improvements may include, without limitation, (i) demolition of certain limited existing interior walls and other improvements within the Premises, (ii) construction, installation and/or reconfiguration of certain ceilings, interior walls and partitions, interior finishing of exterior walls (including, without limitation, the plastering, furring, drywalling, taping and/or other finishing of such walls), interior doors, floor coverings and the preparation of all floors for same, cabinetry and millwork, restrooms, light fixtures, wall coverings and other improvements, finishings and painting within the Premises, (iii) modifications to floors for above-normal floor loading requirements of Tenant, (iv) modifications reasonably required by Tenant to the heating, ventilating and air conditioning ("HVAC") systems, ducts and means of distribution for the same within the Premises, (v) improvements, additions, alterations and fixtures within the buildings on the Premises necessary for all Tenant Improvements and all portions of all buildings affected by the Tenant Improvements to comply with all applicable codes, statutes, rules, regulations, ordinances and orders of any federal, state, county or municipal agency having jurisdiction over the Premises including all local, state and federal requirements for disability access including, without limitation, the Americans With Disabilities Act, 42 U.S.C. Section 1201 et seq. and California Government Code Section 4450 et seq. (collectively, "ADA"), (vi) all telephone, telecommunication, computer and data systems, switch room, cabling, lines, conduit, receptacles, switches and related equipment and improvements running from point of entry in the Expansion SpacePremises, using Building standard materials:
and (1vii) shampoo all other necessary, desirable or required improvements, alterations, fixtures and finishes which are to be installed within or incorporated into the existing carpet;
Premises by Tenant (2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210collectively, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6"), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right shall commence to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing construct and install the Tenant Improvements at Tenant's sole cost and for such other purposes deemed necessary by Landlord. During Landlord's completion expense promptly from and after Commencement Date and diligently pursue to completion, subject to Force Majeure delays, the construction of the all Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s).
Appears in 2 contracts
Sources: Office Lease (Chemdex Corp), Office Lease (Chemdex Corp)
Tenant Improvements. Upon execution hereof and prior Prior to the Expansion Space Commencement Date, Landlord shall, at Landlord's its sole cost and expenseexpense (except as limited below), perform construct the following work in improvements desired by Tenant to complete the Expansion Space, using Building standard materials:
for Tenant's occupancy (1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items ") in accordance with the Drawings (6as defined below), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" . The cost of the Tenant Improvements. As suchImprovements shall be advanced by Landlord for the benefit of Tenant, Landlord may complete such items during Tenant's Early Occupancy to be repaid by Tenant in the form of the Expansion SpaceBase Rent, but prior only to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to extent that the Expansion Space during Tenant's Early Occupancy for the purposes aggregate cost of completing furnishing the Tenant Improvements does not exceed $18.00 per rentable square foot contained in the Premises (the "Tenant Improvement Allowance"). The Tenant Improvement Allowance shall be in addition to the Base Building (as defined below). The following items will be charged against the Tenant Improvement Allowance: (i) architectural, engineering, design and for such other purposes deemed space planning work in preparation of the Drawings necessary to construct the Tenant Improvements, including all mechanical, structural, electrical, plumbing and fire sprinkler engineering required to develop Tenant Improvements or any modifications to the Base Building or Building Standard requested by Landlord. During Landlord's completion Tenant and approved by Landlord to accommodate the Tenant Improvements; (ii) the total cost of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment (iii) a charge of five percent (5%) of the Expansion Space, total costs and expenses otherwise chargeable for the Tenant shall use commercially reasonable efforts to minimize interference with Improvements for Landlord's completion construction management of the Tenant ImprovementsImprovements (which construction management fee is payable to Landlord in lieu of overhead or other administrative fees of Landlord itself and is exclusive of and in addition to the general contractor's overhead and profit); (iv) Tenant's moving costs; and (v) all other costs and expenses related to the design or construction of the Tenant Improvements (collectively, the "Tenant Improvements Cost"). Landlord shall keep accurate books and records related to the Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage Improvements Cost. Except as provided in Paragraph 6 of this Exhibit "C" below, the Tenant Improvements Cost in excess of the Tenant Improvement Allowance shall be paid by Tenant prior to Tenant's property by Landlord or its contractors during the completion occupancy of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)Premises.
Appears in 1 contract
Sources: Lease Agreement (Eloyalty Corp)
Tenant Improvements. Upon execution hereof and prior Landlord hereby grants to Tenant the right to make improvements to the Expansion Space Commencement Date, Premises (“Tenant Improvements”)which shall be mutually agreed upon by Landlord shall, at Landlord's cost and expense, perform Tenant. Prior to the following work in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion commencement of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy work for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Tenant shall (a) obtain Landlord’s written approval, which approval shall not be unreasonably withheld or delayed, of comprehensive plans and specifications for such work (the “Plans and Specifications”), (b) obtain Landlord’s approval of Tenant’s general contractor; (c) deposit with Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment all policies or certificates of insurance required by the provisions of Section 16 of the Expansion Space, Lease; and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of (d) have in its possession the permits and licenses necessary for the Tenant Improvements. Tenant hereby expressly waives any shall conduct its work for the Tenant Improvements in the Premises in accordance with the Construction Regulations attached as Schedule D and shall proceed diligently to complete the Tenant Improvements. Notwithstanding approval of the Plans and Specifications by Landlord, Tenant shall not be entitled to rely upon such approval as assurance that the Plans and Specifications comply with all claims it may have against applicable codes, rules, regulations and guidelines of all appropriate governmental agencies. Any other initial improvements to the Premises not shown on the Plans and Specifications are subject to Landlord's prior written approval and such improvements shall be performed by Landlord, and the cost thereof shall be paid by Tenant to Landlord arising within thirty (30) days following receipt of an invoice for same from future damage Landlord. Landlord agrees to Tenant's property by Landlord or its contractors during bear the cost of the Tenant Improvements in an amount not to exceed One Million Four Hundred Eighty-Two Thousand One Hundred Eighty Dollars and 00/100 ($1,482,180.00) (“Tenant Allowance”) based on 49,406 useable square feet, which shall include design, permitting, construction, and project supervision costs of the Tenant Improvement, IT wiring, moving costs, and a parking lot security gate. After the completion of the Tenant Improvements, any unused Tenant Allowance can be used toward the construction costs for the Additional Parking, as set forth in Section 34.21, located directly adjacent to the Building. Tenant shall be responsible for the data and telephone wiring and termination within the Premise. Payment shall be as follows:
1. During the initial construction phase and upon Tenant’s request, Landlord agrees to reimburse Tenant hereby expressly agrees an amount not to assert any such claims exceed Nine Hundred Eighty-Eight Thousand One Hundred Twenty Dollars and 00/100 ($988,120.00), pursuant to bear a separate mutually agreed upon document which shall outline the risk draw schedule and the requirements of any each draw.
2. At the end of the first Rental Year, Landlord agrees to reimburse Tenant within thirty (30) days of a request for payment an amount not to exceed Two Hundred Forty-Seven Thousand Thirty Dollars and 00/100 ($247,030.00) upon receiving delivery of certification in writing by Tenant that construction of 50% of the Tenant Improvements have been completed, lien free and in manner required under this Lease, and upon presentation to Landlord, in form and detail reasonably satisfactory to Landlord, the following: (a) copies of invoices and receipts for work done and all such damage sums paid for the Tenant Improvements and any (b) interim mechanics’ lien waivers executed by all of Tenant’s contractors, subcontractors and materialmen performing work in or supplying materials to the Premises on Tenant’s behalf for the Tenant Improvements.
3. At the end of the second Rental Year, Landlord agrees to reimburse Tenant within thirty (30) days of a request for payment an amount not to exceed Two Hundred Forty-Seven Thousand Thirty Dollars and 00/100 ($247,030.00), a sum equal to the remaining 50% of the Tenant Allowance, upon receiving delivery of certification in writing by Tenant that the Tenant Improvements have been completed, lien free and in manner required under this Lease, and upon presentation to Landlord, in form and detail reasonably satisfactory to Landlord, the following: (a) copies of invoices and receipts for work done and all related lossessums paid for the Tenant Improvements and (b) final mechanics’ lien waivers executed by all of Tenant’s contractors, unless caused by subcontractors and materialmen performing work in or supplying materials to the gross negligence of Landlord or Landlord's contractor(s)Premises on Tenant’s behalf for the Tenant Improvements.
Appears in 1 contract
Sources: Office Lease (Diamond Resorts Corp)
Tenant Improvements. Upon execution hereof and prior to the Expansion Space Commencement Date, Landlord shallA. Lessor shall provide, at Landlord's no cost and expenseto Lessee, perform the following work in base building improvements for the Expansion SpacePremises, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove which shall consist of a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
ceiling approximately nine (9) remove all existing chrome coverfeet high, the installation of 2' x 4' ceiling grid, 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 the shell building fire protection sprinkler system, and mini blinds stockpiled on the floor. All of the foregoing items shall be either stockpiled or installed, as applicable, using Lessor's building standard improvements. All additional improvements to the base building will be so-plates called "Tenant Improvements" to be installed by Lessor but to be selected by Lessee as hereinafter set forth and replace with Building standard ivory cover-plates;
paid for by Lessee subject to Lessor providing the Tenant Improvement Allowance (10) patch the nail holes in the existing wallcovering with spackle as hereinafter defined). Lessor shall provide a tenant improvement allowance (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant ImprovementsImprovement Allowance") equal to the product of Twenty and 00/100ths Dollars ($20.00) multiplied by the useable area of the Premises." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion"
B. If the price of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing Improvements exceeds the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's Improvement Allowance, Lessee shall pay Lessor, in cash, upon substantial completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment the amount by which the price of the Expansion SpaceTenant Improvements exceeds the Tenant Improvement Allowance. If the actual price of the Tenant Improvements is less than the Tenant Improvement Allowance, the difference between the actual price of such Tenant Improvements and the Tenant Improvement Allowance (but in no event to exceed an amount equal to the product of Two and 001/100ths Dollars ($2.00)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 form of a credit against rent due hereunder.
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 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 used in the construction thereof, and such other detail or description as may be necessary to adequately outline the scope of the Tenant Improvements. Lessee shall use commercially reasonable efforts 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 minimize interference with Landlord's refrain from ordering long lead time items which would delay substantial completion of the Tenant Improvements. Tenant hereby expressly waives any Provided that interior finish materials are of suitable quality as determined by Lessor in its sole discretion and are available, in sufficient quantities and as needed to meet Lessor's construction schedule from reputable materialmen which meet all claims it may have against Landlord arising applicable 40 statutory and/or industry standards for licensing and bonding, Lessor agrees to purchase interior finish materials from future damage to Tenant's property vendors identified by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)Lessee.
Appears in 1 contract
Tenant Improvements. Upon execution hereof The premises shall be delivered to Lessee in a finished shell condition per the attached building plans and prior to specifications (Exhibit D) which will be approved by the Expansion Space Commencement DateCity of Santa ▇▇▇▇▇▇ Building Department including without limitation the condition of the ceilings, Landlord shall, at Landlord's cost interior brick and expense, perform windows. All Tenant Improvements shall be paid for by Lessee. All Tenant improvements made by Lessee shall become the following work property of Lessor upon expiration or earlier termination of the Lease. Lessee agrees that included in the Expansion SpaceImprovements to be constructed by Lessee shall be sound proofing insulation to be installed in the Premises as and where reasonably requested by Lessor, using Building including without limitation all floor surfaces. Such sound insulation shall be defined as standard materials:
(1) shampoo the existing commercial carpet;
(2) remove , floor covering or any other reasonable surface, and shall be of type and quality reasonably acceptable to Lessor. All floors and walls to be adequately sound insulated, All ceiling heights to be a four (4) minimum of 10 foot wide portion finished. In accordance with paragraph 7 of the partition between Suite 1200B Lease, all Tenant Improvements to be constructed on the Premises shall be constructed by Lessee at Lessee's expense. The public liability insurance and 1210property damage insurance carried by each contractor of Lessee shall insure Lessor and Lessee, as their interests may appear, as well as the contractor (or subcontractor), and each contractor shall deliver to Lessor a copy of all insurance policies which shall provide at least thirty (30) days prior written notice to Lessor and Lessee of any cancellation. Lessee shall try to utilize the same contractors who installed the base electrical, fire and safety (including sprinkler) and HVAC for Lessee's Leasehold Improvements. However, in the event such contractors are not utilized, and a mutually acceptable locationdispute arises as to defect therein and whose responsibility those defects are (as between Lessor's contractors and Lessee's contractors), such Lessor and Lessee will select an independent contractor to determine responsibility for the defect, the parties will share the cost of that Suite 1200B determination, and Suite 1210 shall that determination will be connectedbinding upon the parties. The opening shall be painted drywall partition;
(3) paint In the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile event the parties cannot agree in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install selection of a contractor, each shall select a contractor, and the two (2) telephone conduit lines of them will select a third, and two (2) electrical outlets the contractors will then make the determination by majority vote. In such event, each party shall pay for their own contractor as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide selected, and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on both parties shall share the inside cost of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvementsthird contractor." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s).
Appears in 1 contract
Sources: Lease Agreement (Mossimo Inc)
Tenant Improvements. Upon execution hereof Subject to Sublessee's satisfaction of the condition set forth in Section 8 B. and prior this Section 6, Sublessor agrees to fund $100,000 (the "Allowance") of the cost of the Tenant Improvements described and referred to in Exhibit C attached hereto. Notwithstanding the foregoing or anything contained herein to the Expansion Space Commencement Datecontrary, Landlord shall, at LandlordSublessor's cost and expense, perform obligation to fund the following work in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide Allowance or any portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 thereof shall be connected. The opening shall be painted drywall partition;
(3) paint subject to the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile condition precedent that Sublessor receives the Allowance from Master Lessor in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 accordance with the existing carpet removed Master Lease. Provided Sublessor has received such funds from Master Lessor, Sublessor agrees to reimburse Sublessee for costs incurred by Sublessee to construct the kitchen area. The above items are collectively referred to herein as Tenant Improvements described on Exhibit C attached hereto (collectively, the "Tenant Improvements." Items ") in an amount not to exceed $100,000, provided further that (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but a) prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion commencing construction of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with TenantSublessee has obtained Sublessor's use and enjoyment Master Lessor's approval of the Expansion SpaceTenant Improvements and the plans and specifications therefor in writing; (b) if requested by Master Lessor, Sublessee has furnished Master Lessor with a lien and Tenant shall use commercially reasonable efforts completion bond in form and amount reasonably satisfactory to minimize interference Sublessor and Master Lessor (provided Sublessor may not withhold its approval if Master Lessor approves); (c) Sublessee has entered into a contract with Landlord's completion McClarney Construction as general contractor for the construction of the Tenant Improvements. ; (d) Sublessee's architect shall have delivered a written certificate to Sublessor that the Tenant hereby expressly waives any Improvements identified in the Request for Payment have been substantially completed in accordance with the approved plans and specifications; (e) Sublessor has received fully executed unconditional lien waivers as to work which was subject of prior Request for Payments and conditional lien waivers as to current work in the form prescribed by law from Sublessee's contractor, all claims it may have against Landlord arising from future damage subcontractors and suppliers furnishing labor or materials with respect to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements; (f) Sublessee has constructed the Tenant Improvements in accordance with the requirements of the Master Lease and this Sublease, and with all applicable laws, codes, permits, and the Americans with Disabilities Act; (g) Sublessee has furnished its Request for Payment no later than July 3, 1997; and (h) Sublessee has complied with the terms of the Master Lease respecting the Tenant hereby expressly Improvements. All work to be performed by Sublessee pursuant hereto shall be performed in good and workmanlike manner using new materials. Sublessee agrees not to assert any such claims and use reasonable efforts to bear complete the risk of any and all such damage and any and all related losses, unless caused by Tenant Improvements prior to the gross negligence of Landlord Commencement Date or Landlord's contractor(s)within a reasonable time period following the Commencement Date.
Appears in 1 contract
Sources: Sublease (Aerogen Inc)
Tenant Improvements. Upon execution hereof Subject to this Section 4, Tenant shall accept the Suite WB100 Premises and prior Suite WB200 Premises in their “as is” condition (subject to Landlord’s continuing repair and maintenance obligations, as outlined in Section 10 of the Lease (as may be amended)), and Landlord shall have no obligation to make any alterations or improvements thereto whatsoever (provided that Landlord shall deliver same in good and tenantable condition, broom clean, with all systems serving same in good working order). Any alterations that Tenant desires to make in the Suite WB100 Premises and Suite WB200 Premises shall be subject to all the terms and conditions set forth in Section 11 of the Lease. Notwithstanding anything in the Lease to the contrary (and specifically deleting the references to the Improvements Allowances (as defined in Section 7 of the Fourth Amendment) for the DB First Floor Expansion Space Commencement DatePremises and the DB Second Floor Expansion Premises in Section 7 of the Fourth Amendment), Landlord shall, at Landlord's cost and expense, perform the following work hereby agrees to grant Tenant (i) an allowance in the Expansion Spaceamount of $217,480.45 (i.e. $29.33 per rentable square foot multiplied by 7,416 rentable square feet) (the “Suite WB100 Granted Allowance”) to be applied toward the cost (including architectural and engineering fees) of alterations performed by Tenant in the Suite WB100 Premises and (ii) an allowance in the amount of $124,988.76 (the “Suite WB200 Granted Allowance”, using Building standard materials:
(1together with the Suite WB100 Granted Allowance, collectively, the “Granted Allowance”) shampoo to be applied toward the existing carpet;
(2) remove a four (4) foot wide cost of the design and construction of any alterations Tenant desires to perform in Suite WB100 Premises and Suite WB200 Premises, respectively, in conjunction with Tenant’s initial occupancy of Suite WB100 Premises and Suite WB200. Any portion of the partition between Granted Allowance may be applied to pay the fees of the architect and engineers and any construction supervision, contractors’ overhead and profit charges, along with fees for any project manager employed by Tenant with respect to such alterations, as well as any licensing and permitting costs and fees; provided, the Suite 1200B WB100 Granted Allowance may only be used for the Suite WB100 Premises and 1210the Suite WB200 Granted Allowance may only be used for the Suite WB200 Premises. The cost of Tenant’s alterations in the Suite WB100 Premises shall be paid first out the Suite WB100 Granted Allowance until the Suite WB100 Granted Allowance is exhausted (at which time Tenant shall be fully responsible for the cost of any further alterations), and the cost of Tenant’s alteration in a mutually acceptable locationthe Suite WB200 Premises shall be paid first out the Suite WB200 Granted Allowance until the Suite WB200 Allowance is exhausted (at which time Tenant shall be fully responsible for the cost of any further alterations). Provided no Event of Default then exists under the Lease, such that the Granted Allowance (or portions thereof) shall be disbursed to Tenant within thirty (30) days following Tenant’s submission to Landlord of paid invoices for work related to alterations performed by Tenant in the Suite 1200B WB100 Premises and Suite 1210 WB200 Premises, accompanied by waivers of liens executed by all contractors employed by Tenant for the performance of such work. If the cost of Tenant’s alterations in the Suite WB100 Premises or the Suite WB200 Premises exceeds the amount of the Suite WB100 Granted Allowance or the Suite WB200 Granted Allowance, the excess shall be connectedpaid by Tenant after the Suite WB100 Granted Allowance or the Suite WB200 Granted Allowance is fully exhausted. The opening shall Any portion of the (i) Suite WB100 Granted Allowance that has not been applied (or contracted to be painted drywall partition;
(3applied) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on manner set forth above by the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
date which is twelve (12) patch months following the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred WB100 Premises Seventh Amendment Commencement Date shall revert to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts have no further rights with respect thereto and (ii) Suite WB200 Granted Allowance that has not been applied (or contracted to minimize interference with be applied) in the manner set forth above by the date which is twelve (12) months following the Suite WB200 Premises Seventh Amendment Commencement Date shall revert to Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)shall have no further rights with respect thereto.
Appears in 1 contract
Tenant Improvements. Upon execution hereof Landlord, at Tenant's sole cost and prior expense but subject to the Expansion Space Commencement Date, Landlord shall, at "Landlord's cost and expenseContribution" (as such term is defined below), perform the following work in shall improve the Expansion Premises, the "Second Must Take Space, using Building standard materials:
" (1as defined in Section 10 below) shampoo and the existing carpet;
(2) remove a four (4) foot wide portion interior non-structural portions of the partition between Suite 1200B Building not previously occupied by Tenant consistent with space plans and 1210, working drawings to be prepared by Tenant and approved by Landlord in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside accordance with Section 8 of the existing drapery as shown on EXHIBIT "B" attached hereto;
Lease (9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items said improvements are collectively hereinafter referred to herein as the "Tenant Improvements." Items "). Landlord shall have the right to reasonably approve or disapprove Tenant's space planner and/or architect. Tenant shall also pay The John▇▇▇▇ ▇▇▇up, an affiliate of Landlord, a construction administration fee in an amount equal to ten percent (6), (7), 10%) of the total costs of design and (8) above shall not be required to be completed in order to constitute "substantial completion" construction of the Tenant Improvements. As suchLandlord and Tena▇▇ acknowledge and agree that the Tenant Improvements may be completed in one (1) or 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 Improvements shall be completed on or before May 31, 2002. Landlord shall contribute up to four hundred thirty-three thousand dollars ($433,000.00) (the "Landlord's Contribution") solely towards (i) Tenant's reasonable, actual and verifiable costs for the space plans and working drawings for the Tenant Improvements as described above and (ii) the 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, exceed the Landlord's Contribution, Tenant shall pay such estimated overage to Landlord prior to commencement of construction of the pending or proposed phase of Tenant Improvements. Tenant shall not be entitled to any credit, offset or refund if Landlord is able to construct the 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 may shall use its best efforts to complete construction of the initial phase of the Tenant improvements within sixty (60) days following the date on which Tenant provides Landlord with a permit permitting Landlord to commence construction of all aspects of such items during Tenant Improvements. Tenant's Early Occupancy 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, the Building's second (2nd) and third (3rd) floor corridors, the bathrooms contained in what was previously "Common Area" of the Building (ie without giving effect to the addition to the Premises of the Expansion Space), but prior to and the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion elevator cabs of the Tenant Improvements, Landlord Building. All permits shall use commercially reasonable efforts to minimize interference with be processed and obtained by Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s).
Appears in 1 contract
Sources: Office Lease (Ixia)
Tenant Improvements. Upon execution hereof and prior (a) Tenant shall complete all improvements required or desired by Tenant for Tenant’s use of the Leased Premises (collectively, the “Tenant Improvements”) according to the Expansion Space Commencement DateTenant Improvement Plans (defined below) as provided herein. It is understood that the Tenant Improvements may include, Landlord shallsubject to the provisions hereof, at Landlord's cost and expense, perform the following work in the Expansion Space, using Building standard materialsfollowing:
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 these stairwells into Tenant’s security system(s).
3. Tenant may install an uninterrupted power supply (1UPS) shampoo system and emergency stand-by battery system, and may use a portable generator (in addition to the existing carpet;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 below, 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 (2the “Antennae”) remove a four (4) foot wide on that portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside roof of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates Building located immediately above the Leased Premises, and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match charged extra rent or other fee by Landlord for the surrounding wallcovering);Antennae or use of roof space for the Antennae.
(11b) commercially clean all existing vinyl wallcovering; and
Subject to sections (12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6l), (7), m) and (8) above n) below, Tenant shall not be required to be completed in order to constitute "substantial completion" bear the entire cost of the construction of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of including, without limitation, all architectural and engineering fees associated with the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy space planning for the purposes Leased Premises, the design of completing the Tenant Improvements and preparation of the Tenant Improvement Plans (including any changes to the Shell Plans required therefor) 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 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, and 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 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 receipt 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 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 purposes 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 necessary to be approved by Landlord. During Landlord shall not refuse, without adequate justification, to approve the final Tenant Improvement Plans within thirty (30) days after Landlord's ’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 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 use, purpose, or condition, but such approval shall merely satisfy any requirement of consent by Landlord under this Lease as to Tenant’s right to construct the improvements in the Leased Premises in accordance with such drawings, plans and specifications.
(f) Upon Landlord’s approval of the 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 join 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 for the following: (i) installation of rooftop equipment and services (within Landlord provided “roof loading zones”); (ii) utilization of the fenced area on southeast of the Property for an outdoor recreation area in accordance with Exhibit C; (iii) installation of an emergency generator outside of the south side of the Building; (iv) installation of a side-loading lift on the south side of the Building to serve Tenant as 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, Landlord Tenant shall use commercially reasonable efforts obtain a permanent certificate of occupancy for the Leased Premises.
(g) Prior to minimize interference with Tenant's use and enjoyment the commencement of construction of any of the Expansion SpaceTenant Improvements, Tenant shall (i) furnish Landlord with evidence satisfactory to Landlord that the Approvals have been obtained, (ii) furnish 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 Lease, and (iii) notify Landlord of the date on which Tenant shall use commercially reasonable efforts intends to minimize interference with Landlord's completion commence construction of the Tenant Improvements. The construction contemplated by the Tenant hereby expressly waives Improvement Plans shall be performed by skilled 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 the amounts of not less than $1 million per occurrence, $2 million aggregate, with reputable companies licensed to provide insurance in Texas. Certificates of insurance for Tenant and its contractors shall be delivered to Landlord before Tenant commences construction of the Tenant Improvements.
(h) The construction of the Tenant Improvements shall be done in a good and workmanlike manner and in accordance with the Tenant Improvement Plans, as 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, and all claims it may have against as a condition precedent to, making such change; provided, Landlord arising from future damage 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 Tenant's property complete the Tenant Improvements by the Rent Commencement Date for any reason other 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 its contractors during power to bind Landlord or any interest of Landlord in the completion Project, the Property, the Building, or the Leased Premises for the payment of any claim for labor or 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 Premises or any part thereof liable for any mechanic’s or materialmen’s lien, and Tenant hereby expressly 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 prosecute 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 not 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 assert 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 claims damage, Tenant shall 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 bear the risk of defray any and all expenses and fees incurred by Tenant in connection with the design, planning, approval and construction of the Tenant Improvements.
(m) In addition to the Tenant Improvement Allowance, Landlord shall complete and pay for the following work in accordance with applicable codes and regulations: (a) installation of 2000 amp, 3 phase, 480 volt electrical service, with transformer and concrete pad, to the exterior perimeter of the Building for access to the Leased Premises; (b) a dumpster and pad for the Leased Premises and fencing around such damage pad; (c) removal of existing overhead doors on the north elevation, and replacement with glazing system; overhead doors to be provided to Tenant for its installation in the Building on the north elevation; and (d) removal of existing dock levelers, and infill with structural concrete to match existing finish floor elevation.
(n) Landlord shall also pay Tenant, in addition to the Tenant Improvement Allowance, an allowance of $187,000 for furnishing and installation of elevators, and an allowance of $30,000 for furnishing and installation of two (2) separate steel stairs and handrails in the existing floor openings and demising walls with one-hour fire walls taped, floated and painted to deck.
(o) Except for any work required to be accomplished by Landlord as set forth in the Lease, the Shell Plans, or in this Work Letter, all of the work to be accomplished with respect to the Leased Premises, the Building and the Property, including the recreation area and Tenant’s out-buildings, shall be included in the Tenant Improvement Plans, and all related lossesof such items shall be completed by Tenant as part of the Tenant Improvements. Notwithstanding anything to the contrary herein, it is specifically agreed that Tenant shall be entitled to use the existing site utilities for construction purposes, and the cost of such utilities shall be borne by Landlord.
(p) The Tenant Improvement Allowance shall be paid to Tenant as follows: within thirty (30) days after the last to occur of (i) Tenant’s delivery to Landlord of an invoice for such payment, along with a detail schedule of the Tenant Improvement Construction Costs certified by an officer of Tenant and signed lien waivers from all contractors and subcontractors providing labor and materials for the Tenant Improvements; (ii) written confirmation from Landlord’s architect that the Tenant Improvements are substantially completed in accordance with the Tenant Improvement Plans; and (iii) delivery to Landlord of a permanent certificate of occupancy.
(q) Notwithstanding anything contained herein to the contrary, Tenant shall not be entitled to receive, and Landlord shall have no obligation to provide, the Tenant Improvement Allowance at any time after a default has occurred unless caused by the gross negligence of Landlord or Landlord's contractor(s)Tenant cures such default within any time allowed in this Lease for such cure. (r) THE MECHANICAL, ELECTRICAL AND PLUMBING SYSTEMS FOR THE LEASED PREMISES SHALL BE EXACTLY AS SPECIFIED BY TENANT AS PART OF THE TENANT IMPROVEMENTS TO THE LEASED PREMISES. LANDLORD REPRESENTS THAT TO THE BEST OF THE ACTUAL KNOWLEDGE OF LANDLORD BASED ON THE LETTER FROM LANDLORD’S STRUCTURAL ENGINEER ATTACHED HERETO AS SCHEDULE D-1, THAT THE LOAD LEVELS FOR THE FIRST AND SECOND FLOORS OF THE BUILDING ARE AS SPECIFIED IN LANDLORD’S ENGINEER’S LETTER.
Appears in 1 contract
Sources: Lease Agreement (Pharmaceutical Product Development Inc)
Tenant Improvements. Upon execution hereof 4.01. Tenant shall perform all construction, improvements, additions, modifications, decorations and prior alterations that may be proposed or undertaken by or for the account of Tenant to prepare, equip, decorate and furnish the Expansion Space Commencement DatePremises 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, Landlord shalltenant occupancy of the Building and the overall aesthetic of the Building as determined by Landlord.
4.02. All maintenance and repair, at Landlord's cost and expenseany Alterations, perform performed by, on behalf of or for the following work in account of Tenant, shall comply with the Expansion Space, using Building standard materialsfollowing:
(1a) shampoo Any Alterations require Landlord’s prior written consent. Notwithstanding the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210foregoing, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas Landlord’s consent shall not be required to match for any Alterations comply with all three of the surrounding wallcovering);
following criteria: the Alterations (11i) commercially clean all existing vinyl wallcovering; and
are not Major Work (12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6hereinafter defined), (7ii) do not cost, in the aggregate, more than Twenty Five Thousand Dollars ($25,000.00), and (8) above shall iii) do not be required to be completed in order to constitute "substantial completion" of the Tenant Improvementsrequire a building permit. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any 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 claims 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 bear the risk 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 such damage 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 related lossesapprovals, unless caused permits, licenses or consents required by the gross negligence of Landlord any ordinance, law or Landlord's contractor(s)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. Upon execution hereof and prior to the Expansion Space Commencement Date, Landlord shall, at Landlord's cost and expense, perform the following work shall provide Tenant with a maximum Tenant Improvement Allowance in the Expansion Spaceamount of Twenty Eight Dollars ($28) per rentable square foot of Premises, using Building standard materials:
(1) shampoo to be applied by Landlord towards the existing carpet;
(2) remove a four (4) foot wide portion cost of the partition between Suite 1200B design, purchase and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion construction of the Tenant Improvements, including without limitation, design, engineering and consulting fees (collectively, the "Tenant Improvement Costs"). The Tenant Improvement Allowance shall be used by Landlord for payment of the following Tenant Improvement Costs:
(i) Review by Landlord's Architect of the Preliminary Plans and the Working Drawings as provided in Section 2 of this Work Letter; - Prior to Landlord's selecting the Contractor, and without limiting Landlord's right in its sole discretion to select the Contractor. Landlord shall use commercially reasonable efforts to minimize interference review with Tenant's use Tenant the various contractor bids received by Landlord.
(i) Tenant shall be liable for, and enjoyment shall (within ten (10) days after written demand therefor) reimburse Landlord for any amounts 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 Expansion SpaceConstruction 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 shall use commercially reasonable efforts on a 50/50 basis, to minimize interference the extent that such Late Completion Penalty exceeds $10,000, with Landlord's 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 ImprovementsImprovements 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 Reng▇▇ & ▇ompany on behalf of Tenant, not to exceed a total of $1.50 per rentable square foot of the Premises. Tenant hereby expressly waives shall be responsible for any and all claims it may have against Landlord arising charges or fees from future damage to Tenant's property by Landlord or its contractors during the completion Reng▇▇ & ▇ompany in excess of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)this limit.
Appears in 1 contract
Sources: Lease (Broadcom Corp)
Tenant Improvements. Upon execution hereof and prior GENERAL CRITERIA ---------------------------------------
2.1 Tenant shall construct Tenant's initial improvements to the Expansion Space Commencement DatePremises ("Tenant Improvements") as provided herein. In the event of a conflict between the lease and the more specific provisions of this Appendix D, Landlord shallthis Appendix D shall control.
2.2 Tenant or Tenant's project manager shall perform Tenant Improvements in accordance with all laws including, at 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 cost and expensetenant improvement manual, perform the following work in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B505 Union Station -- Tenant Improvement Manual" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as hereinafter the "Tenant Improvements." Items (6)Improvement Manual", (7), and (8) above shall not be required to be completed as in order to constitute "substantial completion" effect as of the date of this Lease. The Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy Improvement Manual contains specific criteria for the purposes of completing the Tenant Improvements design and for such other purposes deemed necessary by Landlord. During Landlord's completion 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 shall use commercially reasonable efforts as and to minimize interference with the extent required in this Appendix D. Landlord acknowledges review and preliminary approval of the Schematic Plans attached as Appendix D-1. Due to the general nature of the Schematic Plans, Landlord cannot represent that the Building structure or Building systems are adequate to accommodate Tenant's use and enjoyment requirements. Landlord may require Tenant to remove the following portions of the Expansion SpaceTenant 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 "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.
2.5 Tenant shall, prior to commencement of Tenant Improvements, obtain all required building and other permits at Tenant's expense and post said permits at the Premises as required.
2.6 Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of only new materials for the Tenant Improvements. Tenant hereby expressly waives any , including improvements, equipment, trade fixtures and all claims it other fixtures. Notwithstanding the foregoing, Tenant may have against Landlord arising reuse portions of existing improvements subject to Landlord's prior written approval, provided that said approval shall in no manner relieve Tenant from future damage to the requirement that all Tenant Improvements comply with this Lease, the Tenant Improvement Manual and all laws. Reuse of existing improvements shall be clearly indicated on Tenant's property 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 contractors during the completion of original condition following the Tenant Improvements, and compensating said other tenant for any costs incurred by it on account of such Tenant hereby expressly agrees Improvements.
2.9 If any Tenant Improvements necessitates any special work, such as, but not limited to, structural modification, increasing the size of electric conduit or telephone service, Landlord, at Landlord's election, may perform such work, and Tenant shall reimburse Landlord the cost thereof plus fifteen percent (15%) thereof for administration, or require Tenant perform the work at Tenant's cost. If Landlord does any Tenant Improvements on behalf of Tenant, Tenant shall pay twenty-five percent (25%) of the anticipated cost to assert Landlord prior to commencement of 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.
2.11 Landlord may at its election require any aspect of Tenant Improvements to be tested consistent with normal construction practices, and Tenant shall cooperate with any such claims testing procedure.
2.12 No approval from Landlord with respect to any aspect of Tenant Improvements shall be valid unless in writing.
2.13 Tenant, or Tenant's project manager, or, at Tenant's election, the Landlord, shall at Tenant's expense manage the tenant improvement design and construction process in accordance with the process set forth herein and in the Tenant Improvement Manual. If Tenant elects to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of have Landlord or Landlord's contractor(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 or its employees or contractors.
Appears in 1 contract
Sources: Lease (Watchguard Technologies Inc)
Tenant Improvements. Upon execution hereof (a) Landlord shall provide Tenant with a tenant improvement allowance of Four Hundred Seventy-four Thousand Two Hundred Fifty-Three Dollars ($474,253.00) (the "Tenant Improvement Allowance"). The Tenant Improvement Allowance shall be applied toward construction, engineering, professional, telecommunication, design, project management, plan review, permits, architecture, voice and prior data cabling and other costs and expenses associated with the Tenant Improvements (as hereinafter defined) to the Expansion Space Commencement DatePremises. Landlord shall be responsible for the payment of all costs and expense associated with improvements to the Premises up to the Tenant Improvement Allowance, whether such improvements are performed by Landlord, Duke Construction Limited Partnership, any other subsidiary or affiliate of Landlord, Tenant or any other person or entity, and Tenant shall have no responsibility therefor. Any cost or expense incurred by Landlord shall, at Landlordand approved by Tenant in connection with the Tenant improvements to the Premises in excess of the Tenant Improvement Allowance (the "Excess") shall be borne by Tenant and shall be paid by Tenant to Landlord within thirty (30) days of Tenant's cost receipt of an invoice from Landlord providing sufficient detail and expense, perform the following work in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide documentation for such costs and expenses. Failure by Tenant to pay any portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;Excess as aforesaid is an event of default hereunder.
(3b) paint Following the walls as shown on EXHIBIT date of this Amendment, Tenant will work with a space planner to develop a space plan for the Premises that is reasonably acceptable to Landlord (the "B" attached hereto;
Space Plan"). Within thirty (430) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside days after Landlord's receipt of the existing drapery as shown on EXHIBIT Space Plan, Tenant shall prepare and submit to Landlord a set of plans and specifications and/or construction drawings (the "B" attached hereto;
(9Plans and Specifications") remove prepared by an architect reasonably acceptable to Landlord covering all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch work to be performed by Landlord in constructing the nail holes leasehold improvements to the Premises in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 accordance with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as Space Plan (the "Tenant Improvements"). Landlord shall participate in the design meetings with Tenant's architect to maintain Landlord's building standard and to provide preconstruction cost estimating. Landlord shall have ten (10) days after receipt of the Plans and Specifications in which to review the Plans and Specifications and to give Tenant written notice of Landlord's approval of the Plans and Specifications or its requested changes to the Plans and Specifications. Tenant shall have no right to request any leasehold improvements or any changes to the Plans and Specifications that would materially alter the Premises, the exterior appearance or basic nature of the Building, or the Building systems. If Landlord fails to approve or request changes to the Plans and Specifications within ten (10) days after its receipt of the Plans and Specifications, then Landlord shall be deemed to have approved the Plans and Specifications and the same shall thereupon be final. If Landlord requests any changes to the Plans and Specifications, Tenant shall make those changes which are reasonably requested by Landlord and shall within ten (10) business days of its receipt of such request submit the revised portion of the Plans and Specifications to Landlord. Landlord may not thereafter disapprove the revised portions of the Plans and Specifications unless Tenant has unreasonably failed to incorporate reasonable comments of Landlord and, subject to the foregoing, the Plans and Specifications, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Landlord. Landlord shall at all times in its review of the Plans and Specifications, and of any revisions thereto, act reasonably and in good faith. Landlord agrees to confirm Landlord's consent to the Plans and Specifications in writing within three (3) business days following Tenant's written request therefor." Items
(c) Following Landlord's approval (or deemed approval) of the Plans and Specifications, Landlord shall solicit competitive bids from at least three (3) subcontractors for each major trade. Landlord shall provide Tenant with Landlord's form for prequalifying subcontractors, attached hereto as Exhibit A and incorporated herein, and its current list of approved subcontractors for each major trade, attached hereto as Exhibit B and incorporated herein. Tenant shall have the right to provide Landlord with a proposed subcontractor for each major trade which may or may not be on Landlord's approved list, and provided such subcontractor meets with Landlord's reasonable approval, such subcontractor shall have the right to enter a bid. Upon Tenant's request, Landlord shall also obtain a description of the base warranty and any extended warranty terms relating to any equipment, machinery, trade fixtures or other personal property to be installed in connection with the Tenant Improvements. Landlord and Tenant shall review the bids and warranties, if applicable, jointly and Tenant shall select one subcontractor for each item bid. Promptly following the selection of a subcontractor for each major trade, Landlord shall deliver to Tenant a statement of the cost to construct and install all of the Tenant Improvements (the "Cost Statement"). Tenant acknowledges and agrees that (i) the cost to construct and install the Tenant Improvements shall include a six percent (6)%) fee plus (A) Landlord's actual overhead expenses associated with the Tenant Improvements that includes preconstruction and project management, administrative support, telephones, utilities, etc., and (B) Landlord's actual cost of general conditions associated with the Tenant Improvements that include, but are not limited to, permits, onsite supervision, temporary utilities, temporary facilities and project cleanup, (7such overhead and general conditions shall not exceed eight percent (8%) of the total construction costs for the Tenant Improvements), and (8) above ii) said fee, overhead and general conditions shall be included in the Cost Statement and applied against the Tenant Improvement Allowance (as hereinafter defined). Tenant agrees to acknowledge the Cost Statement in writing within five (5) business days following Landlord's written request therefor.
(d) Landlord shall provide Tenant with a proposed schedule for the construction and installation of the Tenant Improvements that is reasonably acceptable to Tenant and shall perform the construction in accordance with such schedule and the Plans and Specifications, subject to extensions for Force Majeure Delays and Tenant Delays (as hereinafter defined). Landlord shall notify Tenant of any material changes to said schedule as a result of such Force Majeure Delays and Tenant Delays. In the event the Tenant Improvements are not be required Substantially Completed (as hereafter defined) in accordance with the schedule as extended by Force Majeure Delays and Tenant Delays, Tenant shall receive one day of rent abatement for each day of delay until the Tenant Improvements are Substantially Completed. Tenant agrees to coordinate with Landlord regarding the installation of Tenant's phone and data wiring and any other trade related fixtures that will need to be completed installed in the Premises prior to Substantial Completion. In addition, if and to the extent permitted by applicable laws, rules and ordinances, Tenant shall have the right to enter the Premises for fifteen (15) days prior to the anticipated date for Substantial Completion (as such date may be modified from time to time) in order to constitute "substantial completion" of install fixtures and otherwise prepare the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s).Premises for
Appears in 1 contract
Sources: Lease Agreement (Pharmaceutical Product Development Inc)
Tenant Improvements. Upon execution hereof and prior Prior to the Expansion Space Rental Commencement Date, subject to Unavoidable Delays as defined below, Landlord shallshall make improvements to the Premises ("Tenant Improvements") in accordance with plans and specifications to be prepared by Tenant’s architect, at Arris, a Design Studio, Inc. ("Plans and Specifications") and approved in writing by Landlord's cost , which approval shall not be unreasonably withheld. Once the Plans and expenseSpecifications are acceptable to both parties, perform the following work it is agreed that same shall be attached hereto and become a part of this Lease, being identified as Schedule B. All materials shall be building-standard materials unless otherwise specified in Schedule B. Except as otherwise specifically provided in the Expansion SpaceTenant Allowance described below, using Building standard materials:
Landlord shall not be responsible for performing or paying for the moving or installation of telephone and computer systems, wiring or cabling, or the acquisition, moving or installation of Tenant's furnishings, fixtures and equipment in the Premises. “Unavoidable Delays” shall mean delays caused by labor disputes, acts of God, strikes, civil commotion, riot, war, governmental regulations or controls, adverse weather conditions, material shortages, or any other circumstances beyond the reasonable control of Landlord. Landlord shall permit Tenant’s qualified contractor to enter the Premises during the construction of Tenant Improvements for the purpose of installing cabling, wiring and other behind-the-walls-and-ceilings fittings that are intended for use in connection with Tenant’s telephone and computer network systems; Tenant’s contractor shall observe all site safety requirements applicable to its work, comply with the instructions of the General Contractor as they pertain to access and schedule, and coordinate its activities to minimize interference with other construction activities. Landlord agrees to bear the cost of the Tenant Improvements in an amount not to exceed Three Million Seventy-one Thousand Two Hundred Eighty Dollars (1$3,071,280.00) shampoo ("Tenant Allowance") of which three percent (3%) constitutes Landlord’s construction management fee. Up to twenty-five percent (25%) of the existing carpet;
Tenant Allowance may be used by Tenant for its acquisition and installation of communications, security, and audio-visual systems and furniture and for moving expenses. Landlord shall work with Tenant on an “open book” basis (2) remove a including inviting four (4) foot wide portion qualified general contractors to bid on the contract). Tenant shall have the right to review the final bids and to choose the general contractor to perform the Tenant Improvements provided such contractor is licensed, bonded, insured and approved by Landlord, such approval not to be unreasonably withheld. Tenant covenants and agrees to pay to Landlord, as Additional Rent, all costs and expenses incurred by Landlord in performing the Tenant Improvements in excess of the partition between Suite 1200B Tenant Allowance and 1210, in a mutually acceptable location, to pay fifty percent (50%) of such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
cost within five (5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside business days after selection of the existing drapery as shown on EXHIBIT "B" attached hereto;
contractor and confirmation of such excess amount, and the remaining 50% within five (95) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
business days following Substantial Completion. In addition to the Tenant Allowance, Landlord agrees to reimburse Tenant for initial space planning services at a cost not to exceed the lesser of (10a) patch the nail holes in the existing wallcovering with spackle twelve cents (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11$.12) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7)per square foot of Rental Area, and (8) above shall not be required b) Seven Thousand Dollars ($7,000.00), with any excess space planning costs to be completed in order to constitute "substantial completion" of the Tenant Improvementsborne solely by Tenant. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior Any other initial improvements to the Commencement Date. Tenant hereby acknowledges Premises not shown on the Plans and Specifications are subject to Landlord's right to enter on prior written approval, in its sole discretion. Any improvements approved by Landlord shall be performed by Landlord, and the total cost of construction of such additional improvements, including but not limited to the Expansion Space during Tenant's Early Occupancy for the purposes cost of completing the Tenant Improvements developing, preparing and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvementsmodifying construction drawings, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference together with Landlord's completion construction management fee of three percent (3%), shall be paid by Tenant to Landlord within thirty (30) days following receipt of an invoice for same from Landlord. Landlord may condition its approval of any non-standard Tenant Improvements or other initial improvements upon Tenant’s agreement to remove such non-standard items at the end of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims Term and to bear restore the risk Premises to a building-standard condition, including the removal of any all data cabling. Landlord agrees to provide, on request by Tenant, a preliminary indication of its position regarding removal of contemplated improvements promptly following receipt of Tenant’s preliminary plans and all specifications for such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)improvements.
Appears in 1 contract
Sources: Maryland Full Service Office Lease (Gp Strategies Corp)
Tenant Improvements. Upon execution hereof and prior Except as specifically set forth herein or in the Tenant Work Letter attached to this Third Amendment as Exhibit B (the Expansion Space Commencement Date“Tenant Work Letter”), Landlord shall, at Landlord's cost and expense, perform the following work in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required obligated to match provide or pay for any improvement work or services related to the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" improvement of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Third Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion SpacePremises, and Tenant shall use commercially reasonable efforts accept the Third Expansion Premises in its presently existing, "as-is" condition, provided that Landlord shall deliver the Third Expansion Premises to minimize interference with Landlord's completion 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 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 Third Expansion Commencement Date. Additionally, Tenant Improvementsacknowledges that it shall continue to accept the Existing Premises in its presently existing "as-is" condition, and Landlord shall not 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 of any of its maintenance, repair or replacement obligations under the Lease, if any. Tenant hereby also acknowledges that, except as expressly waives set forth herein, neither Landlord nor any and all claims it may have against agent of Landlord arising from future damage to Tenant's property by Landlord has made any representation or its contractors during warranty regarding the completion condition of the Tenant ImprovementsExisting Premises, and Tenant hereby expressly agrees not the Third Expansion Premises, or the Building or with respect to assert any such claims and to bear the risk suitability of any and all such damage and any and all related losses, unless caused by of the gross negligence foregoing for the conduct of Landlord Tenant’s business in the Existing Premises or Landlord's contractor(s)the Third Expansion Premises.
Appears in 1 contract
Sources: Lease (Nkarta, Inc.)
Tenant Improvements. Upon Notwithstanding anything in this Lease to the contrary, promptly after the full execution hereof and delivery of this Lease and prior to the Expansion Space Commencement Date, Landlord shall, at Landlord's ’s sole cost and expense, perform cause the following work improvements (“Tenant Improvements’) to be completed (i) new carpet installed in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide that portion of the partition between Suite 1200B Premises designated for office use, (ii) repair, strip, wax and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint seal the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in that portion of the kitchen area Premises designated for laboratory use, (iii) lower the laboratory bench in Suite 20 to Tenant’s specifications, (iv) remove a wall in Suite 20 to create a conference room therein, and (v) paint and perform general cleaning of the Premises. Landlord warrants that, as shown on EXHIBIT "B" attached hereto;of Landlord’s delivery of the Premises to Tenant, the Tenant Improvements shall be in compliance with all Legal Requirements as of the issuance of the building permits therefor, and Landlord shall, at its sole cost and expense and as Tenant’s sole remedy, correct any breach of such warranty promptly following receipt of written notice thereof from Tenant. EXECUTED, by Landlord and Tenant as of the date first written above. Sorrento Square, a California limited partnership By: CDC Financial Investors GP I, LLC, a Delaware limited liability company By: CDC Financial Investors, LLC, a Delaware limited liability company, Its Manager By: Its: By: Its: TENANT: MabVax Therapeutics, Inc., a Delaware corporation By: Title: The following Rules and Regulations shall apply to the Center. Tenant agrees to comply with the same and to require its agents, employees, contractors, customers and invitees to comply with the same. Landlord shall have the right from time to time to amend or supplement these Rules and Regulations, and Tenant agrees to comply, and to require its agents, employees, contractors, customers and invitees to comply, with such amended or supplemented Rules and Regulations, provided that (a) notice of such amended or supplemental Rules and Regulations is given to Tenant, and (b) such amended or supplemental Rules and Regulations apply uniformly to all tenants of the Center. If Tenant or its subtenants, employees, agents, or invitees violate any of these Rules and Regulations, resulting in any damage to the Center or increased costs of maintenance of the Center, or causing Landlord to incur expenses to enforce the Rules and Regulations, Tenant shall pay all such costs to Landlord. In the event of any conflict between the Lease and these or any amended or supplemental Rules and Regulations, the provisions of the Lease shall control.
(5) install two (1. Tenant shall be responsible at its sole cost for the removal of all of Tenant’s refuse or rubbish. All garbage and refuse shall be disposed of outside of the Premises, shall be placed in the kind of container specified by Landlord, and shall be prepared for collection in the manner and at the times and places specified by Landlord. If Landlord provides or designates a service for picking up refuse and garbage, Tenant shall use the same at Tenant’s sole cost. Tenant shall not bum any trash or garbage of any kind in or about the Premises. If Landlord supplies janitorial services to the Premises, Tenant shall not, without Landlord’s prior written consent, employ any person or persons other than Landlord’s janitorial service to clean the Premises.
2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) . No aerial, satellite dish, transceiver, or other electronic communication equipment shall be erected on the inside roof or exterior walls of the existing drapery Premises, or in any other part of the Center, without Landlord’s prior written consent. Any aerial, satellite dish, transceiver, or other electronic communication equipment so installed without Landlord’s prior written consent shall be subject to removal by Landlord without notice at any time and without liability to Landlord.
3. No loudspeakers, televisions, phonographs, radios, or other devices shall be used in a manner so as shown on EXHIBIT "B" attached hereto;to be heard or seen outside of the Premises without Landlord’s prior written consent. Tenant shall conduct its business in a quiet and orderly manner so as not to create unnecessary or unreasonable noise. Tenant shall not cause or permit any obnoxious or foul odors that disturb the public or other occupants of the Center. If Tenant operates any machinery or mechanical equipment that causes noise or vibration that is transmitted to the structure of the Building, or to other parts of the Center, to such a degree as to be objectionable to Landlord or to any other occupant of the Center, Tenant shall install and maintain, at Tenant’s expense, such vibration eliminators or other devices sufficient to eliminate the objectionable noise or vibration.
4. Tenant shall keep the outside areas immediately adjoining the Premises clean and free from dirt, rubbish, pallets and other debris to the satisfaction of Landlord. If Tenant fails to cause such outside areas to be maintained as required within twelve (912) remove all existing chrome coverhours after verbal notice that the same do not so comply, Tenant shall pay a fee equal to the greater of Fifty Dollars ($50.00) or the costs incurred by Landlord to clean up such outside areas.
5. Tenant shall not store any merchandise, inventory, equipment, supplies, finished or semi-plates finished products, raw materials, or other articles of any nature outside the Premises (or the building constructed thereon if the Premises includes any outside areas) without Landlord’s prior written consent.
6. Tenant and replace with Building standard ivory cover-plates;
(10) patch Tenant’s subtenants, employees, agents, or invitees shall park only the nail holes number of cars allowed under the Lease and only in those portions of the parking area designated for that purpose by Landlord. Upon request by Landlord, Tenant shall provide the license plate numbers of the cars of Tenant and Tenant’s employees in order to facilitate enforcement of this regulation. Tenant and Tenant’s employees shall not store vehicles or equipment in the existing wallcovering with spackle (provided that parking areas, or park in such patched areas a manner as to block any of the accessways serving the Center and its occupants.
7. The Premises shall not be required used for lodging, sleeping, cooking, or for any immoral or illegal purposes, or for any purpose that will damage the Premises or the reputation thereof. Landlord reserves the right to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed expel from the kitchen areaCenter any person who is intoxicated or under the influence of liquor or drugs or who shall act in violation of any of these Rules and Regulations. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not conduct or permit any sale by auction on the Premises. No video, pinball, or similar electronic game machines of any description shall be required to be completed in order to constitute "substantial completion" installed, maintained or operated upon the Premises without the prior written consent of Landlord.
8. Neither Tenant nor Tenant’s employees or agents shall disturb, solicit, or canvas any occupant of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion SpaceCenter, and Tenant shall take reasonable steps to discourage others from doing the same.
9. Tenant shall not keep in, or allow to be brought into, the Premises or Center any pet, bird or other animal, other than “seeing-eye” dogs or other animals under the control of and specifically assisting any disabled person.
10. The plumbing facilities shall not be used for any other purpose than that for which they are constructed, and no foreign substance of any kind shall be disposed of therein. The expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall not waste or use commercially reasonable efforts any excessive or unusual amount of water.
11. Tenant shall use, at Tenant’s cost, such pest extermination contractor as Landlord may direct and at such intervals as Landlord may require.
12. Tenant will protect the carpeting from undue wear by providing carpet protectors under chairs with casters, and by providing protective covering in carpeted areas where spillage or excessive wear may occur.
13. Tenant shall be responsible for repair of any damage caused by the moving of freight, furniture or other objects into, within, or out of the Premises or the Center. No heavy objects (such as safes, furniture, equipment, freight, etc.) shall be placed upon any floor without Landlord’s prior written approval as to the adequacy of the allowable floor loading at the point where the objects are intended to be moved or stored. Landlord may specify the time of moving to minimize interference with Landlord's completion any inconvenience to other occupants of the Tenant ImprovementsCenter. If the Building is equipped with a freight elevator, all deliveries to and from the Premises shall be made using the freight elevator during the time periods specified by Landlord, subject to such reasonable scheduling as Landlord in its discretion shall deem appropriate.
14. Without Landlord’s prior written consent, no drapes or sunscreens of any nature shall be installed in the Premises and the sash doors, sashes, windows, glass doors, lights and skylights that reflect or admit light into the building shall not be covered or obstructed. Landlord shall have the right to specify the type of window coverings that may be installed, at Tenant’s expense. Tenant hereby expressly waives shall not ▇▇▇▇, drive nails, screw or drill into, paint, or in any way deface any surface or part of the building. Notwithstanding the foregoing, Tenant may hang pictures, blackboards, or similar objects, provided Tenant repairs and repaints any nail or screw holes, and otherwise returns the premises to the condition required under the Lease and the expiration or earlier termination of the Lease Term. The expense of repairing any breakage, stoppage, or damage resulting from a violation of this rule shall be borne by Tenant.
15. No electrical wiring, electrical apparatus, or additional electrical outlets shall be installed in the Premises without Landlord’s prior written approval. Any such installation not so approved by Landlord may be removed by Landlord at Tenant’s expense. Tenant may not alter any existing electrical outlets or overburden them beyond their designed capacity. Landlord reserves the right to enter the Premises, with reasonable notice to Tenant, for the purpose of installing additional electrical wiring and other utilities for the benefit of Tenant or adjoining tenants. Landlord will direct electricians as to where and how telephone and affixed wires are to be installed in the Premises. The location of telephones, call boxes, and other equipment affixed to the Premises shall be subject to the prior written approval of Landlord.
16. If Tenant’s use of the Premises involves the sale and/or preparation of food, Tenant shall at all times maintain a health department rating of “A” (or such other highest health department or similar rating as is available). Any failure by Tenant to maintain such “A” rating twice in any twelve (12) month period shall, at the election of Landlord, constitute a noncurable Event of Default under the Lease.
17. Tenant shall comply with all safety, fire protection and evacuation procedures and regulations established by Landlord or any governmental agency.
18. Tenant assumes any and all claims it may have against Landlord arising responsibility for protecting its Premises from future damage theft, robbery and pilferage, which includes keeping doors locked and other means of entry to Tenant's property by Landlord the Premises closed.
19. If Tenant occupies any air-conditioned space, Tenant shall keep entry doors opening onto corridors, lobby or its contractors during the completion courtyard closed at all times. All truck and loading doors shall be closed at all times when not in use.
20. Tenant shall rot paint any floor of the Premises without Landlord’s prior written consent. Prior to surrendering the Premises upon expiration or termination of the Lease, Tenant Improvementsshall remove any paint or sealer therefrom (whether or not previously permitted by Landlord) and restore the floor to its original condition as of the Commencement Date, reasonable wear and tear excepted. Tenant hereby expressly agrees shall not affix any floor covering to assert the floor of the Premises in any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused manner except as approved by the gross negligence of Landlord or Landlord's contractor(s).
Appears in 1 contract
Sources: Standard Industrial Net Lease (Mabvax Therapeutics Holdings, Inc.)
Tenant Improvements. Upon execution hereof and prior After completion of the Tenant's Work, Tenant may make non-structural improvements, additions, alterations or changes to the Expansion Space Commencement Dateinterior of the Leased Premises, or any part thereof not in excess of $~QQ~ with out the prior written consent of Landlord, which will not be unreasonably withheld, Tenant shall not make structural alterations without the consent of Landlord, which consent shall be in Landlord's sole and absolute discretion. Tenant agrees to indemnify and save harmless the Landlord shallfrom all liens, claims or demands arising out of any work performed, materials furnished, or obligations incurred, by or for Tenant, upon the Premises during the Term. Tenant shall promptly pay all contractor and LEASE AGREEMENT --------------- materialmen working on the Premises on his account, so as to minimize the possibility of a lien attaching to any of the Building, including the Premises. Should any such lien be made or filed, Tenant shall notify Landlord immediately and bond against or discharge the same within 14 days after such lien is made or filed.Tenant's Work and other Tenant improvements, additions, alterations or changes to the Premises shall be done in a good and workmanlike manner and done strictly in accordance with the laws and ordinances related thereto and shall comply with the Americans with Disabilities Act and Chapter 553, Florida Statutes, as each may be amended from time to time. Tenant shall require any contractor performing work on the Premises to obtain and maintain, at no expense to Landlord, in addition to worker's cost and expensecompensation insurance, perform as required by the following work state of Florida, all risk builder's insurance, naming the Landlord as loss payee, in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion amount of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside replacement cost of the existing drapery as shown on EXHIBIT "B" attached hereto;
applicable work (9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for or such other purposes deemed necessary amount reasonably required by Landlord) and commercial general liability insurance on an occurrence basis with a minimum combined single limit of Three-hundred thousand dollars($300,000) and such other insurance that is required by Landlord. During Tenant shall further submit the names of all contractors, sub-contractors, and other entities utilized for the work for Landlord's completion approval prior to commencement of any work. In performing the Tenant Improvementswork of any such alterations, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Spaceadditions or changes, and Tenant shall use commercially reasonable efforts have the work performed in a manner that will not obstruct the access to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk Property of any and all such other tenant of Landlord. Tenant, if not in default of this Lease, may remove any work made by Tenant pursuant to this section upon the termination of this Lease provided Tenant repairs any damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)such removal.
Appears in 1 contract
Tenant Improvements. Upon execution hereof and prior Sublessor shall grant Sublessee an interior tenant ------------------- improvement allowance equal to the Expansion Space Commencement Date, Landlord shall, at Landlord's cost and expense, perform the following work in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 $597,450. This allowance shall be connected. The opening shall be painted drywall partition;
divided into one-half cash (3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7$299,720), and one-half in the form of free base rent to Sublessee. Sublessor shall convey the cash portion to Sublessee on or before November 1, 1999. Sublessee shall receive six and one-half (8) above 6.5) months of free base rent. This abated rent period shall not commence November 1, 1999 and run through May 15, 1999. (See rent schedule above, 13 a. & b.) All interior tenant improvements shall be designed and constructed by the Sublessee at Sublessee's sole cost. Sublessee will pay for all costs of architectural fees and any required permits. Sublessee shall construct said premises to meet all applicable codes including ADA requirements and codes. Sublessee shall be completed in order responsible to constitute "substantial completion" provide all tenant workstations and other personal property, including all telephone, data and computer equipment. Sublessor and Sublessee to approve plans and specifications covering the layout of the premises and the scope of responsibility of the Tenant ImprovementsImprovements between Sublessor and Sublessee as stipulated in the sublease. As suchSublessee to install tenant improvements in a quality, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Spacegood workmanlike manner in accordance with approved plan and specifications in a timely fashion. Sublessee shall have full responsibility as indicated above and additionally Sublessee shall remove all mechanics liens, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and satisfy all claims it may and meet all contract requirements with suppliers, contractors and employees arising out of said installation of improvements. Sublessee to have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, ▇▇▇▇▇▇▇ compensation and Tenant hereby expressly agrees not to assert any such claims liability insurance with a minimum $500,000 per occurrence for said installation and to bear name Sublessor additional insured. Sublessee shall indemnify and hold harmless Sublessor for all claims of employees, invitees, materialmen, or suppliers arising out of said installation, except on the risk case of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or LandlordSublessor's contractor(s)negligence.
Appears in 1 contract
Sources: Sublease Agreement (Cerent Corp)
Tenant Improvements. Upon execution hereof Landlord will construct all Tenant ------------------- Improvements agreed upon by Landlord and prior Tenant for Tenant's initial occupancy, and Landlord will not unreasonably withhold its consent to Tenant-requested Tenant Improvements suitable for Tenant's use of the Expansion Space Commencement DateBuilding for its corporate headquarters. Landlord shall bear up to Thirty Dollars ($30.00) per usable/rentable square foot of the cost of Tenant Improvements, which totals Four Million Four Hundred Four Thousand Nine Hundred Sixty Dollars ($4,404,960.00) based upon the area of the Premises set forth in Section 6.3 of ----------- the Summary. Tenant shall bear all costs of Tenant Improvements in excess of that amount. Landlord shallis obligated to construct the shell of the Buildings, at Landlord's cost and expense, perform which includes the following work which are not considered Tenant Improvements:
a. The Structure of the Building shall be complete and water tight, including roofing, architectural sheet metal and complete finished exterior walls.
b. Exterior walls shall have R-19 insulation in the Expansion Space, using Building standard materials:
(1) shampoo wall and Sheetrock on the existing carpet;
(2) remove a four (4) foot wide portion interior of the partition between Suite 1200B exterior wall taped and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 ready for paint.
c. All site work for the Buildings shall be connected. The opening complete, including hardscape, landscape, paving, utilities and site lighting.
d. Each floor of each Building shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install have two (2) telephone conduit lines core restrooms, one men's and two one women's, complete and finished, including all plumbing fixtures, toilet partitions, toilet accessories, ceramic tile floors, ceramic tile wainscot on wet walls to a height of six (6) feet, toilet exhaust system, sprinkler drops at the drywall ceiling and associated lighting and power receptacles.
e. Two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;hydraulic elevators per building serving all floors, complete with rated shafts, separate equipment room, sumps, ladders, grates and elevators with factory standard finishes.
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s).f. Two
Appears in 1 contract
Sources: Office Lease (Trinet Group Inc)
Tenant Improvements. Upon execution hereof and 3.1 The Landlord constructed the Leased Premises for a prior tenant. Tenant agrees to accept the Leased Premises in their "AS IS" condition, except that Landlord will install VCT flooring, at its sole expense, in the unfinished laboratory space depicted on Exhibit "A".
3.2 In the event Tenant desires, at any time during the Lease term, to make any non-structural improvements or modifications to the Expansion Space Commencement DateLeased Premises ("Tenant Improvements") it shall obtain the consent of Landlord, Landlord shall, at Landlord's cost and expense, perform the following work in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas which consent shall not be required to match unreasonably withheld, conditioned or delayed. Tenant shall be responsible for the surrounding wallcovering);
creation of all plans and specifications (11"Plans") commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of for the Tenant Improvements. As suchLandlord 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 a timely and cost efficient manner, Landlord may complete such items during Tenant's Early Occupancy and to provide Tenant with accurate estimates of the Expansion Space, but both cost and time prior to the Commencement Datecommencement of the construction. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy charge for the purposes cost of completing the constructing Tenant Improvements shall be commercially reasonable. All costs of Tenant Improvement shall be borne by Tenant, unless Landlord incurs additional costs due to its acts, omissions or delays, provide such delays are not due to events beyond Landlord's control, and for such other purposes deemed necessary by costs shall be paid within 30 days of receipt of an invoice from Landlord. During Landlord's completion of the In no event shall Landlord utilize any materials in Tenant ImprovementsImprovements that are, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Spaceor may reasonably become, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvementsa "hazardous substance", and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)as hereinafter defined.
Appears in 1 contract
Tenant Improvements. Upon execution hereof Subject to all requirements in this section 6, ------------------- LESSOR shall diligently commence and prior pursue to completion the construction of the Tenant Improvements to the Expansion Space Commencement DatePremises in connection with LESSEE's initial occupancy of the Premises as provided in this section. The phrase "Tenant Improvements" means all improvements which are not a part of the Building Shell, Landlord shall, at Landlord's cost and expense, perform the following work as shown in the Expansion SpaceTenant Improvement Plans (described below), using Building standard materials:
including (1a) shampoo partitions, walls, and doors, (b) all surface finishes, including wall coverings, paint, floor coverings, suspended ceilings and other similar items, (c) duct work, heat pumps, vents, diffusers, terminal boxes and accessories for completion of heating, ventilation and air conditioning systems within the existing carpet;
Premises, (2d) remove a four electrical distribution systems (4including panels, subpanels, wires and outlets), lighting fixtures, outlets, switches and other electrical work to be installed in the Premises, but excluding any additional or special electrical requirements for the equipment room/machine shop (e) foot wide portion plumbing lines, fixtures and accessories, (f) all fire and life safety control systems such as fire walls and fire alarms (including piping, wiring and accessories) to be located in the Premises, and fire sprinklers and lines attributable to the Tenant Improvements and/or LESSEE's fixtures, furnishing or equipment, (g) improvements required for compliance with Title 24, and (h) such other improvements shown on the "Tenant Improvement Plans" (as defined below); provided, however LESSEE's trade fixtures, equipment and personal property (including telephone systems and cabling, computer systems and network cabling, chairs, tables, furniture and other equipment used in LESSEE's business) shall not be considered part of the partition between Suite 1200B and 1210Tenant Improvements regardless of whether shown on the Tenant Improvement Plans. The construction of the Tenant Improvements shall be carried out without Material Deviation (as defined below) from the Tenant Improvement Plans, in a mutually acceptable location, such that Suite 1200B good and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls workmanlike manner using materials as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile described in the kitchen area Specifications (as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7described below), and in accordance with Applicable Law. LESSEE will cause the Architect to submit the Tenant Improvement Plans for government plan checking and for issuance of a building permit (8) above the "Building Permit") promptly following the execution of this Lease. LESSOR shall not be required cause the Contractor to be completed in order to constitute "substantial completion" cause the Substantial Completion (as defined below) of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of Improvements on or before the Expansion Space, but prior to the Commencement "Scheduled Completion Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)." as provided in subsection 6.1.4
Appears in 1 contract
Tenant Improvements. Upon execution hereof and prior The tenant improvement work (“Tenant Improvements”) shall consist of the work required to complete certain improvements to the Expansion Space Commencement DatePremises based on a working floor drawing attached as Exhibit B. Tenant shall contract with a general contractor, Landlord shallidentified as ▇.▇. ▇▇▇▇▇▇ & Associates, at Landlord's cost and expense, perform the following work in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required Inc. to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of construct the Tenant Improvements. As suchThe Tenant Improvements work shall be undertaken and prosecuted in accordance with the following requirements:
A. It is understood that except as provided below, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing 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, if any. Further, the Tenant Improvements shall incorporate Landlord’s building standard materials and specifications (“Standards”). 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 solely responsible for the cost of replacing same with the applicable Standard item(s) upon the expiration or termination of this Lease. All other non-standard items (“Non-Standard Improvements”) shall be subject to the prior approval of Landlord, which may be withheld in Landlord’s sole discretion. Landlord shall in no event be required to approve any Non-Standard Improvement if Landlord determines that such other purposes deemed necessary by improvements (i) is of a lesser quality than the corresponding Standard, (ii) fails to conform to applicable governmental requirements, (iii) 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.
B. Tenant shall use a licensed general contractor (Identified as ▇.▇. ▇▇▇▇▇▇ & Associates) and that contractor’s selected subcontractors to construct the Premises.
C. The TI Contractor and each of its subcontractors shall comply with Landlord. During ’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's completion , prior to commencement of construction or the Tenant Improvements work.
D. A construction schedule shall be provided to Landlord and Tenant prior to commencement of the construction of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion SpaceImprovements work, and Tenant weekly updates shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s).be supplied
Appears in 1 contract
Tenant Improvements. Upon execution hereof and prior Paragraph 1(a) of Exhibit C to the Expansion Space Commencement Date, Landlord shall, at Landlord's cost Original Lease is amended and expense, perform the following work restated in the Expansion Space, using Building standard materialsits entirety as follows:
(1a) shampoo Notwithstanding the existing carpet;
foregoing, Tenant shall be entitled to a one-time tenant improvement allowance (2the "Tenant Improvement Allowance") remove a four in the amount of Twenty-Five Dollars (4$25.00) for each rentable square foot wide portion of each of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside Improved Floors of the existing drapery as shown on EXHIBIT "B" attached hereto;
Initial Premises and Two Dollars (9$2.00) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
for each rentable square foot of the Unimproved Premises, to be applied toward payment of any tenant improvement costs described below (10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6"), subject to the provisions of Section 12(b) of the Lease. In addition, provided that Tenant has irrevocably exercised its Extension Option, extending the term of the Lease for an additional five (75) years and subject to the provisions of the Lease, including, without limitation, Section 12(b), and Tenant shall be entitled to an additional one-time tenant improvement allowance of Twenty-Three Dollars (8) above shall not be required $23.00) for each rentable square foot of the Unimproved Premises (the "Additional Tenant Improvement Allowance") to be completed in order to constitute "substantial completion" applied toward the payment of any tenant improvement costs of the type described below (the "Additional Tenant Improvements"). As suchNotwithstanding the foregoing, Landlord may complete such items during Tenant's Early Occupancy and without limiting the generality of the Expansion Spaceprovisions of Section 12(b) of the Lease, but in no event shall any work be commenced, any permits obtained or requested or any applications for permits submitted with respect to the Additional Tenant Improvements prior to the second anniversary of the Commencement Date. In all other respects, the Additional Tenant hereby acknowledges Landlord's right Improvements shall be constructed and the Additional Tenant Improvement Allowance disbursed in accordance with this Agreement, with each reference to enter on Tenant Improvements being deemed a reference to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Additional Tenant Improvements and for such other purposes each reference to Tenant Improvement Allowance being deemed necessary by Landlorda reference to the Additional Tenant Improvement Allowance. During Landlord's completion of In no event shall Landlord be obligated to make disbursements pursuant to this Agreement in a total amount that exceeds the Tenant ImprovementsImprovement Allowance and, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of if applicable, the Expansion Space, and Additional Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)Improvement Allowance.
Appears in 1 contract
Sources: Sublease Agreement (Planetout Inc)
Tenant Improvements. Upon execution hereof The amounts in the Escrow Account allocated for tenant improvements and prior 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 Expansion Space Commencement DateApproved Lease for which disbursement is sought. The tenant improvement allowances shall be used for the hard and soft costs of constructing tenant improvements and related costs, Landlord shallincluding without limitation design fees, at Landlordcost 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 cost and expense, perform the following work in the Expansion Space, using Building standard materials:
or finder's fees. Interim disbursements for tenant improvements will be made not more often than one (1) shampoo time per month. Notwithstanding anything to the existing carpet;
(2) remove a four (4) foot wide portion contrary set forth herein, if the Tenant under an Approved Lease is doing all or any part of the partition between Suite 1200B leasehold improvements in its respective premises and 1210the 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 a mutually acceptable locationaccordance with the terms of the Approved Lease and to the extent Seller has paid such tenant improvement allowance, such that Suite 1200B and Suite 1210 amount shall be connectedpayable to Seller provided that Seller provides Buyer and Escrow Holder with reasonable evidence of Seller's payment of such tenant improvement allowance. The opening Each request for disbursement shall be painted drywall partition;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 be paid by such disbursement. Such Application and Certification shall be in the form attached hereto as Exhibit "D" and shall also be approved by Buyer (as evidenced by Buyer signing thereon before the disbursement is made), which approval shall not be unreasonably withheld or delayed.
(3) paint 3.2.1.3 As a condition to disbursement of any interim amounts for tenant improvements, the walls 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 shall be the balance of the amount held back for the respective tenant space as shown set forth on EXHIBIT Exhibits "B" attached and "B-1" hereto;
, subject to Seller delivering to Buyer an estoppel certificate from the Tenant confirming that all Landlord work required by the Approved Lease has been completed and a final, unconditional certificate of occupancy (4or its equivalent, such as a "final" Inspection Record issued by the City of Lakewood) provide and install vinyl composition tile in for each space that is the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside subject of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove disbursement and final lien waivers signed by the general contractor and all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that subcontractors performing work or providing materials for improvements for such patched areas tenant improvements. Seller shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy responsible for the purposes of completing the Tenant Improvements and any tenant improvement costs for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors Approved Leases executed during the completion Subsequent Leasing Period in excess of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)amounts deposited hereunder.
Appears in 1 contract
Sources: Escrow and Leasing Agreement (Inland Western Retail Real Estate Trust Inc)
Tenant Improvements. Upon execution hereof As a general principle of this Work Letter, the Architect shall meet and prior to the Expansion Space Commencement Date, Landlord shall, at Landlord's cost and expense, perform the following work confer on a regular basis with Tenant in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion course of the partition between Suite 1200B Architect’s preparation of each phase of the plans and 1210specifications for the Tenant Improvements in order for Tenant to confirm, in a mutually acceptable locationto its reasonable satisfaction, such without any obligation on Landlord, that Suite 1200B and Suite 1210 the Tenant Improvements shall be connectedadequate and sufficient for Tenant’s use of the Premises. The opening Landlord shall be painted drywall partition;
(3) paint cause the walls as shown on EXHIBIT "B" attached hereto;
(4) provide Architect to prepare and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines deliver to Tenant a PDF copy and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide hardcopies of drawings and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide specifications, based upon the approved Final Space Plan and install black-out lining (white material) on Programming Information, showing the inside intended design character and finishes, including materials, of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" major elements of the Tenant Improvements. As suchImprovements (the “TI Schematics” and together with the Base Building Schematics, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space“Schematics”), but prior to including the Commencement Datefollowing documents: (a) scaled floor plan(s) showing all proposed partitions, doors and large fixtures; (b) reflected ceiling plan(s), including a lighting plan; and (c) architectural sections, and structural, plumbing and mechanical drawings. Tenant hereby acknowledges Landlord's right to enter on to shall review and approve the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by LandlordTI Schematics in accordance with Section 2.7. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenantcause the Architect to deliver to Tenant the TI Schematics on or before the date set forth in the Progress Schedule for Landlord's use and enjoyment delivery of the Expansion SpaceTI Schematics. Upon approval of the TI Schematics in accordance with Section 2.7, and Landlord shall provide Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion ’s detailed estimate (the “SD TI Cost Proposal”) of the cost of all items to be deducted from the Tenant Improvement Allowance and to be incurred by Tenant in connection with the performance of the Tenant ImprovementsImprovements pursuant to the TI Schematics. Tenant hereby expressly waives any and all claims it may have against shall provide Landlord arising from future damage with notice reasonably approving 35654\12546889.9 B-6 06907\011\8511619.v2 06907\011\8493037.v6 or disapproving the SD TI Cost Proposal within five (5) business days following Landlord’s delivery of the SD TI Cost Proposal to Tenant's property by Landlord or its contractors during . In the completion event that Tenant shall disapprove of the Tenant ImprovementsSD TI Cost Proposal, Landlord and Tenant hereby expressly agrees not shall, expeditiously and in good faith, work with Architect and the Design-Assist Consultants to assert any such claims value-engineer and to bear modify the risk of any TI Schematics and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)agree upon a mutually acceptable revised SD TI Cost Proposal.
Appears in 1 contract
Sources: Lease (Penumbra Inc)
Tenant Improvements. Upon execution hereof As of the Amendment Date, Section 5 of the Lease is hereby deleted in its entirety and prior 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 Expansion Space Commencement DateProperty including, Landlord shallbut 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 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 Landlord's its sole cost and expense, perform any necessary signage to identify the following work in Property as a public parking facility, to identify designated parking spaces, to identify handicapped parking spaces, to impose any rules or restrictions on the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion use of the partition between Suite 1200B Property for public parking as the City in its sole but reasonable discretion deems necessary or appropriate, and 1210any other signage the City deems necessary or appropriate. The City, in a mutually acceptable locationits sole but reasonable discretion, such 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 Suite 1200B are permitted to park on the Property, and Suite 1210 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 fees collected shall be connectedretained by the City. The opening City may allow others to operate the Property for public parking on the City’s behalf, including collecting any charges the City may impose for parking on the Property. The City shall be painted drywall partition;
(3) paint solely responsible for engaging and compensating all consultants, surveyors, engineers, and other contractors related to the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" control all design aspects of the Tenant Improvements. As suchExcept as otherwise provided herein, Landlord may complete such items during Tenant's Early Occupancy of the Expansion SpaceCity shall not make any alterations, but prior additions, or improvements to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant ImprovementsProperty without Owner’s written consent, Landlord which consent shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Spacenot be unreasonably withheld, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord conditioned, or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)delayed.
Appears in 1 contract
Sources: Parking Facility Lease
Tenant Improvements. Upon execution hereof (a) Landlord shall cause the electrical system, plumbing and prior to the Expansion Space Commencement Date, Landlord shall, at Landlord's cost and expense, perform the following work in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required roof to be completed in order to constitute "substantial completion" good and operable condition and repair as of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant ImprovementsHowever, Landlord shall use commercially reasonable efforts not be obligated to minimize interference make any alteration or repair required as a result of improvements to be installed by Tenant in the Premises. Landlord shall be conclusively deemed to have satisfied the foregoing obligation unless Tenant identifies specific items of noncompliance by delivery of written notice to Landlord within sixty (60) days after the Commencement Date. Upon Landlord's correction of such items, Landlord's obligations under this subsection (a) shall be deemed fully satisfied.
(b) Tenant shall install the ADA Improvements and HVAC Improvements shown on attached Exhibit C and Landlord shall reimburse Tenant up to $47,500 for costs incurred by Tenant in connection with Tenant's use the ADA Improvements and enjoyment up to $75,000 for costs incurred by Tenant in connection with the HVAC Improvements in accordance with Exhibit C.
(c) Except as specified in subsections (a) above and (d) below, Tenant shall accept the Premises "as-is" and with all faults and Landlord shall have no obligations to improve or modify the Premises.
(d) Landlord covenants and represents that it has full and complete authority to enter into this Lease under all of the Expansion Spaceterms, covenants and provisions set forth herein and so long as Tenant shall use commercially reasonable efforts performs each and every term, provision and condition herein contained on the part of Tenant to minimize interference be performed, Tenant may peacefully and quietly enjoy the Premises in accordance with Landlord's completion the terms of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)this Lease.
Appears in 1 contract
Tenant Improvements. Upon execution hereof and prior Notwithstanding anything contained herein to the Expansion Space Commencement Datecontrary, Landlord shallshall contribute up to a maximum amount of $179,005.50, at Landlord's cost subject to mutually agreed upon plans and expense, perform specifications related thereto (the “TI Allowance) toward Tenant’s construction and/or installation of the following work (i) constructing additional office space in the Expansion SpacePremises; (ii) constructing a mezzanine level in the Premises; (iii) installing additional restrooms in the Premises; and (iv) painting the Premises (collectively, using Building standard materials:
“Tenant Improvements”), which such payment shall be made by Landlord to Tenant within thirty (130) shampoo days following (i) completion of such Tenant Improvements, (ii) Landlord’s receipt of Tenant’s invoice substantiating the existing carpet;
costs related thereto, (2iii) remove Landlord’s receipt of final Lien waivers from all contractors and subcontractors who did work on such Tenant Improvements; and (iv) Landlord’s receipt of a four (4) foot wide copy of the final permit approved by the applicable governing authority to the extent required for such Tenant Improvements. Landlord shall be under no obligation to pay for any alterations or Tenant Improvements to the Premises in excess of the TI Allowance. Further, such TI Allowance shall only be available for Tenant’s use through March 31, 2008, and Tenant hereby waives any and all rights to any unused portion of the partition between Suite 1200B TI Allowance remaining as of April 1, 2008. Tenant Improvements hereunder shall be deemed Alterations for purposes of this Second Amendment, and, therefore, shall be governed by Section 10 of the Lease (except as otherwise expressly set forth herein), and, further, shall be subject to Landlord’s approval of the plans and 1210specifications related thereto, which have been approved by a certified engineer. The parties acknowledge that Landlord’s approval process of such Tenant improvements shall include, but not be limited to, any alterations to the foundation, slab, adjacent structural components, and of the loading of the mezzanine structure, and may account for future modifications to the slab. Notwithstanding anything contained in the Lease or in this Second Amendment to the contrary, in a mutually acceptable location, such the event that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" any of the Tenant Improvements. As suchImprovements causes any damages to the Building or the Premises (whether structural or non-structural), Landlord may complete Tenant shall be solely responsible for the costs relative to such items during Tenant's Early Occupancy damages, including (but not limited to) structural or non-structural damages to the Building and/or Premises, including (without limitation) the foundation, slab, and adjacent structural components, or any costs related thereto, including (but not limited to) replacement of the Expansion Space, but prior slab to the Commencement Datenearest slab joint. Upon the expiration or earlier termination of the Lease, Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of shall remove the Tenant Improvements, and, upon such removal, Tenant shall restore the Premises to the condition as required under the Lease. However, notwithstanding the aforesaid, upon Landlord’s written election, such Tenant Improvements shall revert to Landlord and shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment remain within the Premises upon the expiration or earlier termination of the Expansion Space, and Lease. If Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of does not timely remove the Tenant Improvements. , then Tenant hereby expressly waives any and all claims it may have against shall be conclusively presumed to have, at Landlord’s election (i) conveyed the Tenant Improvements to Landlord arising from future damage to Tenant's property by Landlord without compensation or its contractors during the completion of (ii) abandoned the Tenant Improvements, and Landlord may dispose of or store any part thereof in any manner at Tenant’s sole cost, without waiving Landlord’s right to claim from Tenant hereby expressly agrees not all expenses arising out of Tenant’s failure to assert remove the Tenant Improvements, and without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such claims and Tenant Improvements. If Landlord elects abandonment, Tenant shall pay to bear the risk of Landlord, upon demand, any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)expenses incurred for disposition.
Appears in 1 contract
Sources: Lease Agreement (Redenvelope Inc)
Tenant Improvements. Upon execution hereof (a) Tenant shall construct, or cause to be constructed by Centerre Construction (at Tenant's expense), certain tenant improvements in the Additional Space ("Suite 225 Tenant Improvements") in accordance with the plans and specifications to be prepared by Klipp ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Architects, P.C. (the "Plans and Specifications"). Tenant shall submit such Plans and Specifications to Landlord for Landlord's review and approval prior to commencing the Suite 225 Tenant Improvements.
(b) ▇▇▇▇▇▇▇▇ & Associates, Inc. shall act as the authorized agent and representative of Landlord in connection with the granting of all approvals required to be given by Landlord of the Suite 225 Tenant Improvements on behalf of Landlord. ▇▇▇▇ ▇▇▇▇▇▇▇ shall act as the designated representative of ▇▇▇▇▇▇▇▇ & Associates, Inc., and any agent or representative as may be designated, assigned and referenced by written notice to Landlord from Tenant shall act as the designated representative of Tenant.
(c) Landlord shall provide Tenant an allowance of thirteen dollars ($13.00) per rentable square foot in the Additional Space (the "Landlord's Share") for the Suite 225 Tenant Improvements. Thus, based upon the Additional Space containing 7,855 rentable square feet, the Landlord's Share shall be no more than One Hundred Two Thousand One Hundred Fifteen and No/100 Dollars ($102,115.00). The Landlord's Share shall be due and payable by Landlord to Tenant within thirty (30) days after Tenant has delivered to Landlord a final accounting of Tenant's costs and lien waivers from the general contractor (and its subcontractors and material suppliers) waiving any and all liens attributable to labor and materials furnished by such party in connection with the Suite 225 Tenant Improvements. In the event that the Tenant's costs for the Suite 225 Tenant Improvements are less than the Landlord's Share, the balance of the Landlord's Share may be applied to the Base Rent due under the Lease.
(d) After September 1, 2003, Landlord agrees that the balance, if any, of the refurbishment allowance set forth in Section 10 of Schedule 9 of the Lease ("Refurbishment Allowance") may also be applied to the Suite 225 Tenant Improvements, At Tenant's election, the balance of the Refurbishment Allowance may be applied to the Suite 225 Tenant Improvements prior to the Expansion Space Commencement Date, Landlord shall, at application of the Landlord's cost and expense, perform the following work in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, Share to such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvementsimprovements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s).
Appears in 1 contract
Sources: Lease (Crown Media Holdings Inc)
Tenant Improvements. Upon execution hereof 1) To maintain low CAM / utility fees, Landlord requires that all lighting installed or used on the premises is LED (Light Emitting Diode) and all energy consumption appliances be energy star rated. All water consumption fixtures shall be “EPA Water Sense” rated low flow consumption. Exceptions to these efficiency requirements shall be approved in writing by the Landlord prior to installation as a lease addendum.
2) Tenant 1 shall maintain a “Special Form” property insurance covering all of Tenant 1 leasehold improvements, alterations, additions or improvements, trade fixtures, merchandise and personal property from time to time, in on or upon the Expansion Space Commencement DatePremises, Landlord shallin an amount not less than eighty percent (80%) of their full replacement cost from time to time during the term of this Agreement, providing protection against any peril included within an “All-Risk” policy. Insurance shall cover all of Tenant’s property in, on or about the Leased Premises, and written for at Landlord's least the full replacement cost and expense, perform the following work with a deductible of not more than $10,000.00.
3) Plate glass insurance covering all plate glass in the Expansion Space, using Building standard materials:Leased Premises at a $500 deductible with minimum coverage of $10,000. Tenant shall be and remain liable for the repair and restoration of all such plate glass damages.
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion Tenant shall maintain business interruption insurance coverage, loss of the partition between Suite 1200B income and 1210, extra expense insurance in a mutually acceptable location, such that Suite 1200B amounts sufficient to pay for Tenant’s expenses and Suite 1210 shall be connected. The opening shall be painted drywall partition;lost income.
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;For sewer & water service alterations, see also Section 12 “Utilities”.
(6) dry clean Insurance covering all existing drapery;
(7) provide attached improvements and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide fixtures including ceiling, roof penetrations, electrical and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (light, partitioning walls, restrooms, carpeting, etc., whether provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during not, in any amount not less than 100 percent (100%) of their full replacement cost value, providing protection against any peril included within the completion classification “All-Risk”.
7) Any policy proceeds shall be used for the repair or replacement of the Tenant Improvements, property damaged or destroyed unless this Agreement shall cease and Tenant hereby expressly agrees not terminate due to assert any such claims and to bear destruction of the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)premises.
Appears in 1 contract
Sources: Lease Agreement
Tenant Improvements. Upon execution hereof (a) Landlord shall cause the electrical system, plumbing and prior to the Expansion Space Commencement Date, Landlord shall, at Landlord's cost and expense, perform the following work in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required roof to be completed in order to constitute "substantial completion" good and operable condition and repair as of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant ImprovementsHowever, Landlord shall use commercially reasonable efforts not be obligated to minimize interference make any alteration or repair required as a result of improvements to be installed by Tenant in the Premises. Landlord shall be conclusively deemed to have satisfied the foregoing obligation unless Tenant identifies specific items of noncompliance by delivery of written notice to Landlord within sixty (60) days after the Commencement Date. Upon Landlord's correction of such items, Landlord's obligations under this subsection (a) shall be deemed fully satisfied.
(b) Tenant shall install the ADA Improvements and HVAC Improvements shown on attached Exhibit C and Landlord shall reimburse Tenant up to $47,500 --------- for costs incurred by Tenant in connection with Tenant's use the ADA Improvements and enjoyment up to $75,000 for costs incurred by Tenant in connection with the HVAC Improvements in accordance with Exhibit C. ---------
(c) Except as specified in subsections (a) above and (d) below, Tenant shall accept the Premises "as-is" and with all faults and Landlord shall have no obligations to improve or modify the Premises.
(d) Landlord covenants and represents that it has full and complete authority to enter into this Lease under all of the Expansion Spaceterms, covenants and provisions set forth herein and so long as Tenant shall use commercially reasonable efforts performs each and every term, provision and condition herein contained on the part of Tenant to minimize interference be performed, Tenant may peacefully and quietly enjoy the Premises in accordance with Landlord's completion the terms of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)this Lease.
Appears in 1 contract
Sources: Sublease (Ibeam Broadcasting Corp)
Tenant Improvements. Upon execution hereof and prior The tenant improvement work (“Tenant Improvements”) shall consist of the work required to complete certain improvements to the Expansion Space Commencement DatePremises pursuant to Article 1, Section 14 and this Exhibit D of the Lease based on a working floor drawing attached as Exhibit E (“Approved Drawings”). Landlord shallshall contract with an architect and a general contractor, at Landlord's cost 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 expense, perform prosecuted in accordance with the following work in the Expansion Space, using Building standard materialsrequirements:
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 (1but not by way of limitation) shampoo Tenant’s furniture, trade fixtures, partitions, equipment and signage improvements, if any. Further, the existing carpet;
Tenant Improvements shall incorporate Landlord’s building standard materials and specifications (2“Standards”). 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. All other non-standard items (“Non-Standard Improvements”) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connectedsubject to the prior approval of Landlord, which may be withheld in Landlord’s reasonable discretion. The opening Landlord shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not no event be required to match approve any Non-Standard Improvement if Landlord determines that such improvements (i) is of a lesser quality than the surrounding wallcovering);corresponding Standard, (ii) fails to conform to applicable governmental requirements, (iii) 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 licensed general contractor (11selected by competitive bidding by at least two licensed general contractors) commercially clean all existing vinyl wallcovering; and
and that contractor’s selected subcontractors to construct the Premises. Landlord shall enter into a “lump sum” construction contract (12the “TI Contract”) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" TI Contractor for construction of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing shall cause the Tenant Improvements to be constructed in a good and for such other purposes deemed necessary by workmanlike manner in accordance with 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. During Landlord's completion A construction schedule shall be provided to Landlord and Tenant prior to commencement of the construction of the Tenant ImprovementsImprovements 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, regulations and ordinance, including without limitation all OSHA and other safety laws, the Americans with Disabilities Act (“ADA”) and all applicable governmental permit and code requirements.
E. Tenant hereby designates ▇▇▇▇ D’ippolilo, Telephone No [***]. as its representative, agent and attorney-in-fact for the purpose of receiving notices, approving submittals and issuing requests for Changes and Landlord shall use commercially reasonable efforts be entitled to minimize interference with rely upon authorizations and directives of such persons as if given directly by Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives may amend the designation of its construction representative(s) at any and all claims it may have against Landlord arising from future damage time upon delivery of written notice to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s).
Appears in 1 contract
Tenant Improvements. Upon execution hereof Tenant agrees that it currently occupies, and shall continue to occupy, the Combined Premises in its "as is" condition without any further improvements thereto except as otherwise provided herein. Landlord shall supervise (i) the repainting and re-carpeting of the First Floor Expansion Space and the Second Floor Expansion Space as herein provided, (ii) the construction and installation of the initial tenant improvements in the 2004 Expansion Space as herein provided/ and (iii) any future additional tenant improvements in the Complete Premises {collectively, the "Additional Improvements"), all in accordance with Tenant's plans and specifications for the design, construction and installation of the Additional Improvements, as such plans and specifications are reviewed and approved by Landlord and Tenant, such approval not to be unreasonably withheld. Landlord shall substantially complete the Additional Improvements in accordance with said plans and in a good and workmanlike manner, such substantial completion to be certified by Landlord's engineer and Tenant's architect inspecting the work. Landlord shall contribute up to a maximum of One Hundred Eighty Thousand Three Hundred Thirty-Six and No/100 Dollars ($180,336.00) (which consists of $12.00 per rentable square foot of the Expansion Space and $6.00 per rentable square foot of the Combined Premises and is collectively hereinafter referred to as the "Improvement Allowance") toward only the following costs: (i) any cost of installing any Additional Improvements on an "as completed" basis which is performed in accordance with the Plans and related to the work to be done for the purpose of.improving the Premises 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) any other costs directly related to any Additional Improvements which is reasonably acceptable to Landlord; provided, however, in no event shall Tenant be obligated to pay Landlord any construction management fee in connection with the installation of any Additional Improvements and in no event shall the Improvement 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 Premises, including without limitation, telephone and data cable lines. In the event that either prior to the Expansion Space Commencement Datecommencement of the installation of any Additional Improvements or at any time during or following the installation of the Additional Improvements, Landlord shall, at Landlord's the cost and expense, perform of any Additional Improvements exceeds the following work Improvement Allowance or Tenant requests any change to the aforementioned Plans which has resulted or might result in an increase in the Expansion Spacecost of the installation of such Additional Improvements so that the cost exceeds the Improvement Allowance, using Building standard materials:
then Tenant shall promptly deliver the necessary funds to defray such excess cost to Landlord no later than fifteen (115) shampoo days after Landlord demands same. Notwithstanding the existing carpet;
(2foregoing, any change order(s) remove a four (4) foot wide 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 Tenant. Any savings or unused portion of the partition between Suite 1200B and 1210Improvement Allowance after any Additional Improvements are completed shall be retained by Landlord. Notwithstanding anything contained herein to the contrary, in a mutually acceptable location, such no event shall Landlord be obligated to disburse any portion of the Improvement Allowance after that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
date which is five (5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on years after the inside Extension Commencement Date or at any time following an Event of Default hereunder. Tenant acknowledges that Landlord may be supervising the construction of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates Additional Improvements while Tenant occupies the complete Premises and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided Landlord agrees that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord it shall use commercially reasonable efforts to minimize any interference with Tenant's use and enjoyment of business operations within the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any Complete Premises while constructing such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)improvements.
Appears in 1 contract
Tenant Improvements. Upon execution hereof (a) Landlord shall provide Tenant with a tenant improvement allowance of Six Hundred Fifty-Six Thousand Four Hundred Fifteen Dollars ($656,415.00) (the "Tenant Improvement Allowance"). The Tenant Improvement Allowance shall be applied toward construction, engineering, professional, telecommunication, design, project management, plan review, permits, architecture, voice and prior data cabling and other costs and expenses associated with the Tenant Improvements (as hereinafter defined) to the Expansion Space Commencement DatePremises. Landlord shall be responsible for the payment of all costs and expense associated with improvements to the Premises up to the Tenant Improvement Allowance, whether such improvements are performed by Landlord, Duke Construction Limited Partnership, any other subsidiary or affiliate of Landlord. Any cost or expense incurred by Landlord shall, at Landlordand approved by Tenant in connection with the Tenant improvements to the Premises in excess of the Tenant Improvement Allowance (the "Excess") shall be borne by Tenant and shall be paid by Tenant to Landlord within thirty (30) days of Tenant's cost receipt of an invoice from Landlord providing sufficient detail and expense, perform the following work in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide documentation for such costs and expenses. Failure by Tenant to pay any portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;Excess as aforesaid is an event of default hereunder.
(3b) paint Following the walls as shown on EXHIBIT date of this Amendment, Tenant will work with a space planner to develop a space plan for the Premises that is reasonably acceptable to Landlord (the "B" attached hereto;
Space Plan"). Within thirty (430) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside days after Landlord's receipt of the existing drapery as shown on EXHIBIT Space Plan, Tenant shall prepare and submit to Landlord a set of plans and specifications and/or construction drawings (the "B" attached hereto;
(9Plans and Specifications") remove prepared by an architect reasonably acceptable to Landlord covering all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch work to be performed by Landlord in constructing the nail holes leasehold improvements to the Premises in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 accordance with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as Space Plan (the "Tenant Improvements"). Landlord shall participate in the design meetings with Tenant's architect to maintain Landlord's building standards and to provide preconstruction cost estimating. Landlord shall have ten (10) days after receipt of the Plans and Specifications in which to review the Plans and Specifications and to give Tenant written notice of Landlord's approval of the Plans and Specifications or its requested changes to the Plans and Specifications. Tenant shall have no right to request any leasehold improvements or any changes to the Plans and Specifications that would materially alter the Premises, the exterior appearance or basic nature of the Building, or the Building systems. If Landlord fails to approve or request changes to the Plans and Specifications within ten (10) days after its receipt of the Plans and Specifications, then Landlord shall be deemed to have approved the Plans and Specifications and the same shall thereupon be final. If Landlord requests any changes to the Plans and Specifications, Tenant shall make those changes which are reasonably requested by Landlord and shall within ten (10) business days of its receipt of such request submit the revised portion of the Plans and Specifications to Landlord. Landlord may not thereafter disapprove the revised portions of the Plans and Specifications unless Tenant has unreasonably failed to incorporate reasonable comments of Landlord and, subject to the foregoing, the Plans and Specifications, as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Landlord. Landlord shall at all times in its review of the Plans and Specifications, and of any revisions thereto, act reasonably and in good faith. Landlord agrees to confirm Landlord's consent to the Plans and Specifications in writing within three (3) business days following Tenant's written request therefor." Items
(c) Following Landlord's approval (or deemed approval) of the Plans and Specifications, Landlord shall solicit competitive bids from at least three (3) subcontractors for each major trade. Landlord shall provide Tenant with Landlord's form for prequalifying subcontractors, attached hereto as Exhibit A and incorporated herein, and its current list of approved subcontractors for each major trade, attached hereto as Exhibit B and incorporated herein. Tenant shall have the right to provide Landlord with a proposed subcontractor for each major trade which may or may not be on Landlord's approved list, and provided such subcontractor meets with Landlord's reasonable approval, such subcontractor shall have the right to enter a bid. Upon Tenant's request, Landlord shall also obtain a description of the base warranty and any extended warranty terms relating to any equipment, machinery, trade fixtures or other personal property to be installed in connection with the Tenant Improvements. Landlord and Tenant shall review the bids and warranties, if applicable, jointly and Tenant shall select one subcontractor for each item bid. Promptly following the selection of a subcontractor for each major trade, Landlord shall deliver to Tenant a statement of the cost to construct and install all of the Tenant Improvements (the "Cost Statement"). Tenant acknowledges and agrees that (i) the cost to construct and install the Tenant Improvements shall include a six percent (6)%) fee plus (A) Landlord's actual overhead expenses associated with the Tenant Improvements that includes preconstruction and project management, administrative support, telephones, utilities, etc., and (B) Landlord's actual costs of general conditions associated with the Tenant Improvements that include, but are not limited to, permits, onsite supervision, temporary utilities, temporary facilities and project cleanup, (7such overhead and general conditions shall not exceed eight percent (8%) of the total construction costs for the Tenant Improvements), and (8) above ii) said fee, overhead and general conditions shall be included in the Cost Statement and applied against the Tenant Improvement Allowance (as hereinafter defined). Tenant agrees to acknowledge the Cost Statement in writing within five (5) business days following Landlord's written request therefor.
(d) Landlord shall provide Tenant with a proposed schedule for the construction and installation of the Tenant Improvements that is reasonably acceptable to Tenant and shall perform the construction in accordance with such schedule and the Plans and Specifications, subject to extensions for Force Majeure Delays and Tenant Delays (as hereinafter defined). Landlord shall notify Tenant of any material changes to said schedule as a result of such Force Majeure Delays and Tenant Delays. In the event the Tenant Improvements are not be required Substantially Completed (as hereafter defined) in accordance with the schedule as extended by Force Majeure Delays and Tenant Delays, Tenant shall receive one day of rent abatement for each day of delay until the Tenant Improvements are Substantially Completed. Tenant agrees to coordinate with Landlord regarding the installation of Tenant's phone and data wiring and any other trade related fixtures that will need to be completed installed in the Premises prior to Substantial Completion. In addition, if and to the extent permitted by applicable laws, rules and ordinances, Tenant shall have the right to enter the Premises for fifteen (15) days prior to the anticipated date for Substantial Completion (as such date may be modified from time to time) in order to constitute "substantial completion" install fixtures and otherwise prepare the Premises for occupancy. During any entry prior to the Substantial Completion of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Improvements (i) Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During shall not interfere with Landlord's completion of the Tenant Improvements, and (ii) Tenant shall cause its personnel and contractors to comply with the terms and conditions of Landlord's rules of conduct (which Landlord agrees to furnish to Tenant upon request).
(e) Tenant shall have the right to request changes to the Plans and Specifications at any time by way of written change order (each, a "Change Order", and collectively, "Change Orders"). Provided such Change Order is reasonably acceptable to Landlord, Landlord shall use commercially reasonable efforts prepare and submit promptly to minimize interference with Tenant a memorandum setting forth the impact on cost and schedule resulting from said Change Order (the "Change Order Memorandum of Agreement"). Tenant shall, within five (5) business days following Tenant's receipt of the Change Order Memorandum of Agreement, either (i) execute and return the Change Order Memorandum of Agreement to Landlord, in which case the Cost Statement shall be deemed modified automatically to take into account said Change Order, (ii) retract its request for the Change Order, or (iii) amend its proposed Change Order, in which case Landlord shall prepare a new Change Order Memorandum of Agreement and Tenant shall respond as provided herein.
(f) For purposes of this Amendment "Substantial Completion" (or any grammatical variation thereof) shall mean completion of construction of the Tenant Improvements, subject only to punchlist items to be identified by Landlord and Tenant in a joint inspection of the Premises prior to Tenant's occupancy, the completion of which will not materially affect Tenant's use and enjoyment of occupancy of, or ability to obtain an occupancy permit for the Expansion SpacePremises which completion and punchlist items shall be evidenced by a writing signed by Tenant and Landlord (Tenant acknowledging, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of however, that even if Landlord has Substantially Completed the Tenant Improvements, Landlord may not be able to obtain an occupancy permit for the Premises because of the need for completion of all or a portion of improvements being installed in the Premises directly by Tenant). "Tenant hereby expressly waives Delay" shall mean any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during delay in the completion of the Tenant ImprovementsImprovements to the extent attributable to Tenant, including, without limitation, (i) Tenant's failure to meet any time deadlines specified herein, (ii) the performance of any other work in the Premises by any person, firm or corporation employed by or on behalf of Tenant, or any failure to complete or delay in completion of such work, and Tenant hereby expressly agrees not to assert (iii) any such claims and to bear other act or omission of Tenant. "Force Majeure Delay" shall mean any delay in the risk performance of any and all obligation by a party hereunder when such damage and delay is occasioned by causes beyond its control due to act of God, adverse weather, fire, earthquake, flood, explosion, war, invasion, insurrection, riot, mob violence, sabotage, vandalism, failure of transportation, strikes, lockouts, litigation, condemnation, requisition, governmental restrictions including inability or delay in obtaining governmental consents, inspections or permits, laws or orders of governmental, civil, military or naval authorities, or any and all related lossesother cause outside the party's control, unless caused by whether similar or dissimilar to the gross negligence of Landlord or Landlord's contractor(s)foregoing.
Appears in 1 contract
Sources: Lease Amendment (Pharmaceutical Product Development Inc)
Tenant Improvements. Upon execution hereof Tenant acknowledges that it is presently in possession of the Premises and prior is aware of the condition of the Premises. Tenant acknowledges that Landlord shall not be obligated to refurbish or improve the Premises in any manner except as otherwise expressly set forth herein, and except as otherwise expressly set forth in the Lease for improvements or work that is required to be completed by Landlord as a result of a repair, replacement, restoration or maintenance obligations of Landlord specifically set forth under the Lease. Tenant further acknowledges that except as expressly provided in the Lease or this Fifth Amendment, neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the improvements, refurbishments, or alterations therein, or the Building or with respect to the Expansion Space Commencement Datefunctionality thereof or the suitability of any of the foregoing for the conduct of Tenant's business and that all representations and warranties of Landlord, Landlord shallif any, at Landlord's cost and expense, perform the following work are as set forth in the Expansion SpaceLease and this Fifth Amendment. Tenant shall, using Building standard materials:
(1) shampoo , finishes and specifications and/or materials, finishes and specifications that are comparable in quality to those located in the existing carpet;
(2) remove a four (4) foot wide portion Premises, perform certain improvements to the Premises as reasonably approved by Landlord pursuant to the Alterations provisions of Article 13 of the partition between Suite 1200B Lease and 1210this Paragraph 7 (collectively, "Tenant's Work"). Landlord hereby grants to Tenant an allowance of up to $1,044,376.00 ($24.75 per rentable square foot of the Premises) (the "Allowance"). Tenant's Work shall be constructed, and Landlord shall reimburse Tenant the Allowance, in a mutually acceptable location, such that Suite 1200B accordance with the terms and Suite 1210 shall be connected. The opening shall be painted drywall partition;
conditions set forth in Exhibit B (3Work Letter) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch Second Amendment. If Landlord holds the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvementstenant improvement contract, Landlord shall use commercially reasonable efforts to minimize interference charge a 3% supervision fee against the Allowance. If Tenant holds the tenant improvement contract, Landlord shall not charge any supervision or construction management fee in connection with Tenant's Work. Tenant shall have until June 30, 2019, to use and enjoyment the Allowance. Notwithstanding anything to the contrary contained herein or in the Lease, up to $20.00 per rentable square foot of the Expansion SpaceAllowance, and for a total of $843,940.00, may be utilized by Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)towards base rental abatement.
Appears in 1 contract
Tenant Improvements. Upon execution hereof (a) LANDLORD acknowledges that TENANT intends to undertake and prior complete certain improvements to the Expansion Space Commencement DateLeased Premises and to the sound system of the Union Station in the Grand Hall portion of the Leased Premises and hereby authorizes such improvements upon the following terms and conditions.
(b) TENANT improvements shall be subject to LANDLORD’s prior approval, Landlord shall, which shall no be unreasonably withheld. All TENANT improvements shall comply with the Americans with Disabilities Act.
(c) TENANT shall complete all such improvements at Landlord's its own cost and expense, perform . The TENANT shall not undertake any work until the following work in the Expansion Space, using Building standard materials:
conditions are satisfied: (1) shampoo it has provided written notice in accordance with Article 17 herein to the existing carpet;
LANDLORD of its intent to undertake a particular improvement project; and (2) remove it has provided LANDLORD with a four (4) foot wide portion of the partition between Suite 1200B and 1210, in plan stamped by a mutually acceptable location, such that Suite 1200B and Suite 1210 registered engineer which shall be connected. The opening shall be painted drywall partition;subject to the LANDLORD’s written approval.
(3d) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required TENANT agrees to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary abide by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage requirements set forth in Exhibit D, entitled Historic Structure Renovation Requirements.
(e) TENANT acknowledges that all contracts, at every tier, for capital improvements at Union Station are subject to Tenant's property by Landlord or the Massachusetts prevailing wages statue, M.G.L. c. 149, §§26-27, and TENANT’s contracts with its contractors during shall include prevailing wages and TENANT will require its contractors to require the completion same of its subcontractors at every tier. In addition to prevailing wages, TENANT shall require its contractors to supply bonds securing the Tenant Improvementspayment of labor and materials that comply with and incorporate the provisions of M.G.L. c. 149, §29.
(f) TENANT shall indemnify and Tenant hereby expressly agrees not to assert any such claims hold harmless LANDLORD from and to bear the risk of against any and all such damage and any and all related losses, unless damages, claims, suits, or actions for any injury or damage to person or property caused by TENANT’s improvements, and insurance coverage therefore shall be included in the gross negligence of Landlord or Landlord's contractor(s)public liability policy which TENANT is required to furnish pursuant to this Lease Agreement.
Appears in 1 contract
Sources: Commercial Lease Agreement
Tenant Improvements. Upon execution hereof Tenant shall remain in possession of the Original Premises in its “as-is” condition without (i) any obligation on Landlord’s part, except for Landlord’s repair and prior maintenance obligations under the Original Lease, to undertake any improvements or alterations in or to the Original Premises; or (ii) any obligation on Landlord’s part, except for the Improvement Allowance (as defined in the Work Agreement (hereinafter defined)) to be provided by Landlord pursuant to the Work Agreement, pay for any improvements or alterations in or to the Original Premises; or (iii) any representations or warranties regarding the condition thereof. Landlord shall deliver the Expansion Space to Tenant in its “as-is” condition without (a) any obligation on Landlord’s part, except for (1) any Landlord’s Repair Work and the cure of any Latent Defects, all in accordance with the terms and provisions of Paragraph 3, above, and (2) Landlord’s repair and maintenance obligations under the Original Lease (except as otherwise expressly set forth in this Second Amendment), to undertake any improvements or alterations in or to the Expansion Space Commencement DateSpace; or (b) any obligation on Landlord’s part, except for the Improvement Allowance to be provided by Landlord pursuant to the Work Agreement, pay for any improvements or alterations in or to the Expansion Space; or (c) except as otherwise specifically set forth in this Second Amendment, any representations or warranties regarding the condition thereof. Tenant shall, at Landlord's Tenant’s sole cost and expense, perform subject to the following work application of the Improvement Allowance, construct in the Expansion SpacePremises the Tenant Improvements (as defined in the Work Agreement) described in the Work Agreement attached hereto as Exhibit B (the “Work Agreement”), using Building standard materials:
(1) shampoo in accordance with the existing carpet;
(2) remove a four (4) foot wide terms and conditions of the Work Agreement. The Tenant Improvements shall be subject to Landlord’s prior written approval in accordance with the terms of the Work Agreement attached hereto as Exhibit B and shall comply with all applicable Legal Requirements. The cost of all design, architectural and engineering work, demolition costs, construction costs, construction supervision, contractors’ overhead and profit, licenses and permits, and all other costs and expenses incurred in connection with the Tenant Improvements shall be at Tenant’s sole cost and expense, subject to the application of the Improvement Allowance. Landlord shall disburse the Improvement Allowance as provided in the Work Agreement. All costs incurred with respect to the Tenant Improvements in excess of the Improvement Allowance shall be paid by Tenant as provided in the Work Agreement. Any portion of the partition between Suite 1200B and 1210, Improvement Allowance not expended by Tenant in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing undertaking the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, Space HVAC System Work within nineteen (19) months after the Effective Date shall be retained by Landlord and Tenant shall use commercially reasonable efforts have no further right or claim to minimize interference with Landlord's completion such retained portion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)Improvement Allowance.
Appears in 1 contract
Sources: Lease Agreement (Aldagen Inc)
Tenant Improvements. Upon execution hereof Tenant 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. 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, and installation of the 2008 Improvements (the "Plans"), as such plans have been reviewed and approved by Landlord and Tenant, such approval not to be unreasonably withheld. Landlord shall substantially complete the 2008 Improvements in accordance with said Plans and in a good and workmanlike 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 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 Space Commencement Date, Landlord shall, at Landlord's cost and expense, perform Allowance or Tenant requests any change to the following work aforementioned Plans which has resulted or might result in an increase in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion cost of the partition between Suite 1200B and 1210installation of such 2008 Improvements so that the cost exceeds the 2008 Expansion Allowance, in a mutually acceptable location, such that Suite 1200B and Suite 1210 then Tenant shall be connectedexclusively 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. The opening 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 painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide agreed to in advance by Landlord and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts be obligated to minimize interference with Landlord's completion pay Landlord an additional construction management fee relative to such change order(s) equal to four percent (4%) of any increase in the cost of the Tenant construction and installation of the 2008 Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord Any savings or its contractors during the completion unused portion of the 2008 Expansion Allowance after the 2008 Improvements are completed shall be made available to Tenant Improvementsfor additional permanent improvements to the Revised Complete Premises so long as Tenant utilizes such amounts on or before January 1, 2009 and Tenant hereby expressly agrees if not to assert used on or before such date any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)amounts shall be deemed forfeited.
Appears in 1 contract
Sources: Lease (Cross Country Healthcare Inc)
Tenant Improvements. Upon execution hereof and prior The tenant improvement work (“Tenant Improvements”) shall consist of the work required to complete certain improvements to the Expansion Space Commencement DatePremises based on a working floor drawing attached as Exhibit B. Tenant shall contract with a general contractor, Landlord shallidentified as ▇.▇. ▇▇▇▇▇▇ & Associates, at Landlord's cost and expense, perform the following work in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required Inc. to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of construct the Tenant Improvements. As suchThe Tenant Improvements work shall be undertaken and prosecuted in accordance with the following requirements:
A. It is understood that except as provided below, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing 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, if any. Further, the Tenant Improvements shall incorporate Landlord’s building standard materials and specifications (“Standards”). 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 solely responsible for the cost of replacing same with the applicable Standard item(s) upon the expiration or termination of this Lease. All other non-standard items (“Non-Standard Improvements”) shall be subject to the prior approval of Landlord, which may be withheld in Landlord’s sole discretion. Landlord shall in no event be required to approve any Non-Standard Improvement if Landlord determines that such other purposes deemed necessary by improvements (i) is of a lesser quality than the corresponding Standard, (ii) fails to conform to applicable governmental requirements, (iii) 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.
B. Tenant shall use a licensed general contractor (Identified as ▇.▇. ▇▇▇▇▇▇ & Associates) and that contractor’s selected subcontractors to construct the Premises.
C. The TI Contractor and each of its subcontractors shall comply with Landlord. During ’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's completion , prior to commencement of construction or the Tenant Improvements work.
D. A construction schedule shall be provided to Landlord and Tenant prior to commencement of the construction of the Tenant ImprovementsImprovements work, and weekly updates shall be supplied
E. The Tenant Improvements work shall be prosecuted at all times in accordance with all state, federal and local laws, regulations and ordinance, including without limitation all OSHA and other safety laws, the Americans with Disabilities Act (“ADA”) and all applicable governmental permit and code requirements.
F. Tenant hereby designates ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Telephone No. (▇▇▇) ▇▇▇-▇▇▇▇, as its representative, agent and attorney-in-fact for the purpose of receiving notices, approving submittals and issuing requests for Changes and Landlord shall use commercially reasonable efforts be entitled to minimize interference with Tenant's use rely upon authorizations and enjoyment directives of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvementssuch persons as if given directly by ▇▇▇▇▇▇. Tenant hereby expressly waives may amend the designation of its construction representative(s) at any and all claims it may have against Landlord arising from future damage time upon delivery of written notice to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s).
Appears in 1 contract
Sources: Lease Agreement (RxSight, Inc.)
Tenant Improvements. Upon execution hereof (a) Landlord, at its sole expense, shall (i) complete construction of the bathrooms on the third and prior fourth floors of the Building (including one (1) shower per bathroom) and (ii) install all main trunk lines for the HVAC systems in the Demised Premises, each in accordance with Building standards (collectively, the "Landlord's Work"). Except for the Landlord's Work Landlord shall have no obligation to perform any improvements to the Expansion Space Commencement DateDemised Premises to prepare the space for Tenant's occupancy, Landlord shalland Tenant acknowledges that Tenant has inspected the Demised Premises and accepts the same in its "AS IS" condition, without any representation or warranty by Landlord.
(b) Except for the Landlord's Work, Tenant shall perform, at Landlord's its sole cost and expense, perform all work which Tenant deems necessary or desirable to prepare the following work in the Expansion Spacespace for Tenant's initial occupancy (collectively, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6"), which Tenant Improvements shall be subject to the prior written approval of Landlord. All work shall be performed in a good and workmanlike manner and in accordance with all applicable laws. Prior to the commencement of any work within the Demised Premises, Tenant shall submit to Landlord, for Landlord's prior approval, proposed plans and specifications (7)the "Proposed Tenant's Plans") for Tenant's proposed improvements to the Demised Premises, which plans shall be prepared by a registered architect licensed to do business within the State in which the Property is located. The Proposed Tenant's Plans shall include all information and (8) above specifications necessary for Landlord to fully review the work described therein and shall not be required conform to be completed in order to constitute "substantial completion" all applicable laws and requirements of public authorities and insurance underwriters' requirements. Landlord shall review and either approve or disapprove of the Tenant Improvements. As such, Landlord may complete such items during Proposed Tenant's Early Occupancy of Plans within five (5) business days after receipt thereof from Tenant. If Landlord disapproves the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Proposed Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s).'s
Appears in 1 contract
Tenant Improvements. Upon execution hereof Landlord shall provide Tenant with a tenant improvement allowance equal to $____________________ which was calculated by multiplying the square footage on the twelfth floor by $6.50 and the square footage on the seventh floor by $16.50. Tenant shall be entitled to allocate the tenant improvement allowance no in excess of the $_____________ to either floor. Landlord shall fund the tenant improvement allowance pursuant to Exhibit C until Tenant has completed the tenant improvements or Landlord has exhausted the funds it is obligated to provide pursuant to this Article 57. Said Tenant Improvement allowance shall only be utilized for tenant improvements, furniture, fixtures and equipment, governmental permits and fees, and all architectural design expenses such as programming, space planning and construction drawings, including any mechanical engineering expense. Any additional Tenant Improvement expense shall be paid for by Tenant prior to the Expansion Space Commencement Date, commencement of construction. Landlord shall, at Landlord's cost and expense, perform the following work in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion Tenant shall approve final plans and Tenant Improvement expenses prior to commencement of the partition between Suite 1200B construction by the approved contractor(s). Tenant shall have the right to competitively bid the Tenant Improvement work, and 1210select the contractor, in a mutually acceptable locationsubcontractors and be responsible for the Tenant Improvement work. Landlord shall have the right to approve the contractor(s), such that Suite 1200B subcontractor(s) and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas final construction contracts, which approval shall not be required to match unreasonably withheld or delayed. If the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B Landlord is responsible for construction management and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with receive an administrative fee for Landlord's completion actual costs not to exceed $.50/RSF. Any unused portion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have Improvement allowance shall not be credited against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)Base Rent.
Appears in 1 contract
Sources: Office Lease (Retix)
Tenant Improvements. Upon execution hereof and prior 6.1 Except as expressly provided herein, any tenant improvements to the Expansion Space Commencement DatePremises shall be constructed by Sublessor in accordance with the space plan attached as Exhibit C to this Sublease. Sublessor shall submit to Landlord complete, Landlord shallfinished drawings and specifications (the "Plans") for the tenant improvements to be constructed by Sublessor (the "Tenant Improvements"). The Plans shall reflect and be in accordance with (i) a space plan approved by Landlord, at and (ii) that certain list of Landlord's cost and expense, perform the following work Required Specifications as described in the Expansion SpaceMaster Lease. The tenant improvements shall be completed by Sublessor in a good and workmanlike manner, using Building standard materials:materials and equipment of good quality, and in compliance with all applicable laws.
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide 6.2 That portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 tenant improvements to be constructed by Sublessor at Sublessor's expense shall be connected. The opening referred to herein as "Sublessor's Work" and that portion of the tenant improvements to be constructed by Sublessor at Sublessee's expense shall be painted drywall partition;
referred to herein as "Sublessee's Work." Sublessee's Work includes three (3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install private offices, two (2) telephone conduit lines and showers, two (2) electrical outlets as toilets, one (1) lab area, and a "breakout" room and is more particularly shown on EXHIBIT "B" the space plan attached hereto;
as Exhibit C to this Sublease. Sublessee shall pay one-half (61/2) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates cost of Sublessee's Work to Sublessor upon execution of this Sublease; such payment shall be calculated based upon the cost estimate provided by Sublessor's general contractor for Sublessee's Work. The balance of the cost of Sublessee's Work, including any increased costs resulting from any changes to Sublessee's Work requested by Sublessee after the plans for such improvements have been approved by Sublessor and replace with Building standard ivory cover-plates;
Sublessee, shall be paid to Sublessor by Sublessee following completion of the tenant improvements and within ten (10) patch days after Sublessee's receipt of an invoice itemizing the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required costs to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary paid by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)Sublessee.
Appears in 1 contract
Sources: Lease (Accelgraphics Inc)
Tenant Improvements. Upon execution hereof The parties acknowledge and prior agree that Tenant has elected to engage its own Contractor(s) and arrange for construction and installation of Tenant Improvements on Tenant's behalf. "Tenant Improvements" shall mean all interior walls, partitions, doors, wall coverings, lighting fixtures, electrical fixtures, outlets and switches, outlets, dropped ceilings, floor and window coverings, plumbing fixtures and any and all other items that Tenant desires to have installed in the Expansion Space Commencement Dateinterior of the Leased Premises (including, without limitation, all consultant fees and other soft costs associated with design and delivery of such improvements). In addition, Tenant shall upgrade the existing electrical transformer servicing the Leased Premises from 300 KVA to 500 KVA, or install a new transformer. Tenant shall provide not less than seven (7) days advance written notice of its intent to install such transformer to Landlord, and to existing tenants located at 5435 Airport Boulevard and 5445 Air▇▇▇▇ ▇▇▇▇▇▇▇▇▇. ▇▇▇▇▇▇ ackn▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇trical service to such other tenants shares the use of existing transformer. Tenant shall therefore take such action as is necessary during the course of installing the new transformer to provide uninterrupted utility service to such other tenants, including, if necessary, providing an auxiliary source of electrical power. Landlord shallwill provide Tenant a Rent Credit up to $8,000.00 for transformer upgrade, or installation of a new transformer. This Rent Credit will be applied after transformer upgrade or new install is completed and Tenant provides Landlord paid invoice(s) and Lien Waivers for such. Any costs above the $8,000.00 will be at Landlord's Tenants sole cost and expense, perform the following work in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right agrees that all contracts with respect to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of Tenant Improvements will include provisions whereby the Contractor, for itself and its subcontractors, and the subcontractors of each of them, and for all parties acting through or under each of them will (i) covenant and agree that no mechanic's liens will be filed by it or any of them against the Leased Premises or the Building for or on account of any work done or material furnished by said Contractor or subcontractors and all parties acting through or under any of them in connection with the Tenant Improvements, and (ii) specifically waive and relinquish the right to have, file and maintain any mechanic's liens or claim against the Leased Premises or the Building (provided that such parties need not waive the right to lien the Tenant Improvements to the extent that same can be severed from the Leased Premises without harm or damage to the Leased Premises). Any such contract shall also provide that all subcontracts with subcontractors and materialmen must contain waiver of lien provisions similar to those required to be contained in any contract to be executed by Tenant with a Contractor. Said contract shall also contain language to the effect that said waiver clause is for the benefit of the Landlord. Any contract pertaining to Tenant Improvements which does not contain the provisions set forth above, shall be deemed void and of no force and effect. Notice is furthermore hereby expressly agrees given that Landlord shall not be liable for any labor or materials furnished or to assert be furnished to the Tenant with regard to Tenant Improvements, and that no mechanic's or other lien for any such claims labor or materials shall attach to or affect the reversion or any other estate or interest of the Landlord in and to bear the risk of Leased Premises. Subject only to paragraph 2, above, any and all Tenant Improvement shall be the responsibility and at the cost of Tenant. Tenant agrees to pay or cause to be paid promptly all bills and charges for any material, labor or otherwise in connection with or arising out of any Tenant Improvements, and Tenant agrees to hold Landlord free and harmless against all liens and claims of liens for labor and materials, or either of them, filed against the Leased Premises, or any part thereof, and against any expense or liability in connection therewith. Tenant shall, however, have the right to contest any mechanic's liens or claims of such damage liens filed against the Leased Premises, provided Tenant shall diligently prosecute any such contest and at all times effectively stay or prevent any sale of the Leased Premises under execution or otherwise and pay or otherwise satisfy any final judgment judging or enforcing such contested lien and thereafter procure record of satisfaction or release thereof. Landlord shall also retain the right, but shall not have an obligation, to post the Leased Premises or take such other action as is then permitted by law to protect Landlord and the Leased Premises against mechanic's liens. Tenant shall be responsible for obtaining any and all related losses, unless caused by necessary permits or licenses required in connection with the gross negligence of Landlord or Landlord's contractor(s)Tenant Improvements and shall complete all Tenant Improvements with reasonable diligence and in a good and workmanlike manner.
Appears in 1 contract
Sources: Lease Modification Agreement (New Frontier Media Inc)
Tenant Improvements. Upon execution hereof and prior to the Expansion Space Commencement Date, Landlord shall, at Landlord's cost its sole cost, supervise the construction of tenant improvements (the “Tenant Improvements”) constructed by Tenant and expense, perform approved by Landlord in accordance with this Tenant Work Letter. The scope of Tenant Improvements shall consist of: (i) new carpet and paint and non-structural reconfiguration of certain offices and rooms in Suite 50 Expansion Space (the following work “Suite 50 TI”); (ii) new carpet and paint and non-structural reconfiguration of certain offices and rooms in the Suite 200/210 Expansion SpaceSpace (the “Suite 200/210 TI”); and (iii) at Tenant’s election, using Building standard materials:
an internal staircase between the Suite 150 Space and the Suite 50 Expansion Space (1) shampoo “Access TI”), the existing carpet;
(2) remove a four (4) foot wide portion location of which shall be mutually acceptable to both Landlord and Tenant. The scope of the partition between Suite 1200B and 1210Tenant Improvements shall not include changes or modifications to the structure of the Building, in a mutually acceptable locationthe roof, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile and/or any base building system located in the kitchen area 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 shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside a result of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" construction of the Tenant Improvements) shall be constructed by Contractor at Tenant’s sole cost. As such, The Tenant Improvements shall be constructed with materials and finishes consistent with the existing materials and finishes in the Building. Landlord may complete such items during Tenant's Early Occupancy shall have the right to require the removal of the Expansion SpaceTenant Improvements (or any portion thereof) and restoration of the Premises as a result thereof in accordance with Section 8 of the Lease Agreement; provided, but however, Tenant shall provide Landlord with written notice at least one hundred twenty (120) days prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion end of the Tenant Improvements, term to ascertain whether Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment will require the removal of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)Access TI.
Appears in 1 contract
Sources: Lease Agreement (Dermira, Inc.)
Tenant Improvements. Upon execution hereof For purposes of this Work Letter and prior the Lease, Tenant Improvements shall not include the Building Shell to be provided by Landlord pursuant to Paragraph 1 above. The Tenant Improvements shall include, but not be limited to, the Expansion Space Commencement Date, Landlord shall, at Landlord's cost and expense, perform the following work in the Expansion Space, using Building standard materialsfollowing:
(1a) shampoo the existing carpetSprinkler drops and heads below drop ceiling;
(2b) remove a four (4) foot wide portion of the partition between Suite 1200B Roof mounted VAV HVAC, including main trunk lines to first and 1210second floors with hot water reheat system, in a mutually acceptable location, such that Suite 1200B secondary distribution lines and Suite 1210 shall be connected. The opening shall be painted drywall partitioncontrols;
(3c) paint the walls as shown on EXHIBIT "B" attached heretoCeilings;
(4d) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached heretoLighting;
(5e) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached heretoBuilding insulation;
(6f) dry clean all existing draperyInterior walls and partitions;
(7g) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached heretoPlumbing;
(8) provide and install black-out lining (white materialh) on the inside of the existing drapery as shown on EXHIBIT "B" attached heretoPainting;
(9i) remove all existing chrome cover-plates and replace with Building standard ivory cover-platesFloor covering;
(10j) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering)Suite entry and interior doors;
(11k) commercially clean all existing vinyl wallcoveringAll venting, including exhaust lines and hoods;
(l) Electrical secondary system from transformer (including underground pull section), panels, main switchboard, switches, and distribution;
(m) Gas and vacuum distribution;
(n) Telephone switch room, panel, distribution system;
(o) Lobbies (including lobby stairway), elevators, corridors, fire exits;
(p) Electrical rooms, phone rooms, and mechanical rooms;
(q) Restrooms;
(r) Janitorial closets;
(s) Emergency showers;
(t) Emergency generators;
(u) Laboratory case vents;
(v) Deionized water system;
(w) Window coverings;
(x) One metal/concrete fire exit stair, not enclosed.
(y) Exterior containment facility;
(z) Exterior signage; and
(12aa) patch Other improvements specific to Tenant's use including items listed in EXHIBIT E to the passageway between Suite 1200B Lease. All Tenant Improvements shall be completed in a good and Suite 1210 with workmanlike manner and all materials and equipment incorporated into the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items Improvements (6)i) will be new and free of defects, (7)ii) will conform to all applicable codes, and (8) above iii) will conform to the final working drawings approved by Landlord and Tenant, including all changes or modifications thereto approved by Landlord. Tenant shall not promptly correct and remedy any defective work or materials. Landlord shall provide Tenant with copies of all warranties or guaranties (such as a warranty for the roof) of Building Shell components, and Tenant shall perform all its work so that no warranty is diminished or invalidated. If Tenant's work diminishes or invalidates any warranty, Tenant shall provide a replacement warranty of equivalent coverage (which requirement with regard to work performed by Tenant's General Contractor shall be satisfied by any replacement warranty provided by Tenant's General Contractor pursuant to Paragraph 4 below) or shall otherwise be liable for all costs which would have been covered by such warranty. Tenant shall be responsible for obtaining all necessary permits and approvals (including the building and occupancy permits) and other authorizations from governmental agencies or Stanford University needed in connection with the Tenant Improvements. The costs of all such permits and approvals required in connection with the Tenant Improvements, including inspection and other building fees required to obtain the permits for the Tenant Improvements, shall be completed in order to constitute "substantial completion" included as part of the costs of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts diligently cooperate with Tenant to minimize interference with Tenant's use obtain the required permits and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)approvals.
Appears in 1 contract
Sources: Research and Development/Office Lease (Affymax Inc)
Tenant Improvements. Upon execution hereof and prior (a) Tenant shall complete all improvements required or desired by Tenant for Tenant’s use of the Leased Premises (collectively, the “Tenant Improvements”) according to the Expansion Space Commencement DateTenant Improvement Plans (defined below) as provided herein. It is understood that the Tenant Improvements may include, Landlord shallsubject to the provisions hereof, at Landlord's cost and expense, perform the following work in the Expansion Space, using Building standard materialsfollowing:
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 (1UPS) shampoo system and emergency stand-by battery system, and may use a portable generator (in addition to the existing carpet;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 (2the “Antennae”) remove a four (4) foot wide on that portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside roof of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates Building located immediately above the Leased Premises, and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match charged extra rent or other fee by Landlord for the surrounding wallcovering);Antennae or the use of roof space for the Antennae.
(11b) commercially clean all existing vinyl wallcovering; and
Subject to sections (12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6l), (7), n) and (8) above s) below, Tenant shall not be required to be completed in order to constitute "substantial completion" bear the entire cost of the construction of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of including, without limitation, all architectural and engineering fees associated with the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy space planning for the purposes Leased Premises, the design of completing 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 receipt 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 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 purposes 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 necessary to be approved by Landlord. During Landlord shall not refuse, without adequate justification, to approve the final Tenant Improvement Plans within thirty (30) days after Landlord's ’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 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 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 such drawings, plans and specifications.
(f) Upon Landlord’s approval of the 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 other items as may require approval of the Committee, the Approvals shall include approval of the Committee of the following: (i) 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 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, Landlord Tenant shall use commercially reasonable efforts obtain a permanent certificate of occupancy for the Leased Premises.
(g) Prior to minimize interference with Tenant's use and enjoyment the commencement of construction of any of the Expansion SpaceTenant Improvements, Tenant shall (i) furnish Landlord with evidence satisfactory to Landlord that the Approvals have been obtained, (ii) furnish 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 Lease, and (iii) notify Landlord of the date on which Tenant shall use commercially reasonable efforts intends to minimize interference with Landlord's completion commence construction of the Tenant Improvements. The construction contemplated by the Tenant hereby expressly waives Improvement Plans shall be performed by skilled 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, $2 million aggregate, with reputable companies licensed to provide insurance in Texas. Certificates of insurance for Tenant and its contractors shall be delivered to Landlord before Tenant commences construction of the Tenant Improvements.
(h) The construction of the Tenant Improvements shall be done in a good and workmanlike manner and in accordance with the Tenant Improvement Plans, as 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, and all claims it may have against as a condition precedent to, making such change; provided, Landlord arising from future damage 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 Tenant's property complete the Tenant Improvements by the Rent Commencement Date for any reason other 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 its contractors during power to bind Landlord or any interest of Landlord in the completion Project, the Property, the Building, or the Leased Premises for the payment of any claim for labor or 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 hereby expressly 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 not 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 assert 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 claims 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 bear the risk of defray any and all such damage expenses and any fees incurred by Tenant in connection with the design, planning, approval and all related losses, unless caused by construction of the gross negligence of Landlord or Landlord's contractor(s)Tenant Improvements.
Appears in 1 contract
Sources: Lease Agreement (Pharmaceutical Product Development Inc)
Tenant Improvements. Upon execution hereof and prior to the Expansion Space Commencement Date, Landlord shall, at Landlord's cost and expense, perform the following work in the Expansion Space, using Building standard materials:
(1) shampoo Lessor will provide for the existing carpet;tenant improvements ("Tenant Improvements") indicated on the improvement estimate attached as Exhibit "B", which is mutually acceptable to both Lessor and Lessee. The space plan for the Tenant Improvements ("Space Plan") shall be prepared by ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and Associates Architecture and shall be subject to the approval of Lessor and ▇▇▇▇▇▇. Lessee shall be responsible for executing a written fixed Price Contract between ▇▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and Associates, whose fee will be paid out of the Tenant Improvement Allowance referenced in Paragraph 49.2 below. The parties anticipate that certain changes will be made to Exhibit "B" in the course of finalizing the Space Plan, and the parties' approval of the Space Plan shall not be unreasonably withheld or delayed. Lessor shall cause working drawings ("Working Drawings") to be prepared in conformance with the approved Space Plan. Lessee shall have the right to approve the Working Drawings within two (2) business days after ▇▇▇▇▇▇'s receipt, but approval shall not be unreasonably withheld if the Working Drawings are in conformance with the approval Space Plan. Lessor's agent, ▇▇▇▇▇▇▇ Construction, shall construct the Tenant Improvements in accordance with Exhibit "B" the approved Working Drawings. Lessor shall be deemed to have completed the Tenant Improvements and to have delivered possession of the Property to Lessee for of commencing the Lease Term when ▇▇▇▇▇▇'s architect certifies to Lessee in writing that the Tenant Improvements have been completed in accordance with the approved Working Drawings, with no more than minor "punch list" items to be corrected.
(2) remove a four (4) foot wide portion The costs of the partition between Suite 1200B Tenant Improvements, including construction costs, construction drawings, space planning, permits and 1210fees, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening allocated between the parties as follows:
(i) Lessor shall pay such costs up to a maximum of $1,120,000.00; (ii) any excess costs above $1,120,000.00 shall be painted drywall partition;covered by a contract between ▇▇▇▇▇▇▇ Construction and Lessee. Lessee shall be responsible for paying these excess costs directly to ▇▇▇▇▇▇▇ Construction. ----------------------------------------------------------------------------- ADDENDUM TO AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION STANDARD INDUSTRIAL / COMMERCIAL SINGLE-TENANT LEASE - NET DATED DECEMBER 19, 1998 BY AND BETWEEN MITSUI FUDOSAN (USA), INC., A CALIFORNIA CORPORATION, AS LESSOR, AND PACIFIC RESEARCH AND ENGINEERING CORPORATION, A CALIFORNIA CORPORATION, AS LESSEE ===============================================================================
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide Each Party shall take all necessary actions and install vinyl composition tile grant all necessary approvals in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 compliance with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the schedule ("Tenant Improvements.Improvement Schedule") attached hereto as Exhibit "C" Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's facilitate timely completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s).
Appears in 1 contract
Sources: Long Term Lease (Pacific Research & Engineering Corp)
Tenant Improvements. Upon execution hereof A. Any and prior all improvements to and remodeling of the Expansion Space Commencement DateLeased Premises required pursuant to this Lease or otherwise (the "Tenant Improvements") including, Landlord shallwithout limitation, the initial Tenant Improvements (hereinafter defined), shall be performed by (i) Tenant at LandlordTenant's sole cost and expense, perform (ii) in accordance with applicable Laws and in accordance with plans and specifications approved by Landlord and the following work in the Expansion Spaceterms of this Lease (including, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210without limitation, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "Exhibit B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7)iii) in a first-class workmanlike manner with first-class materials, (iv) by duly qualified or licensed persons, and (8) above shall not be required to be completed in order to constitute "substantial completion" 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 Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy shall promptly commence and diligently pursue to completion the construction of the Expansion Space, but initial Tenant Improvements by the Commencement Date. If Tenant shall enter the Leased Premises prior to the Commencement Date. , then Tenant hereby acknowledges shall perform all duties 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 right 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, remodeling and redecorating required by Landlord in connection with Tenant's initial occupancy of the Leased Premises, which shall include, as applicable, all required demolition, and the removal of all debris, the furnishing and installation of new partition and ceiling framing, and any necessary floor filling and leveling, new 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 the Freeway pylon sign and the Kingston Pike pylon sign (such signs are subject to enter on Landlord's approval and all applicable Laws) and new store displays, equipment and interior fixturing and furnishing all in accordance with Landlord's specifications, set forth in Exhibit B, together with all necessary modifications to the Expansion Space during existing storefront and entrance doors, and the mechanical, plumbing, and electrical systems, fire protection systems and HVAC systems within the Leased Premises and providing service to the Leased Premises, as required by all applicable Laws or necessary to accommodate the initial Tenant Improvements. Subject to any applicable Law, in the event of a direct conflict between the final plans and specifications for the initial Tenant Improvements, as 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 Early Occupancy for construction of the purposes of completing the initial Tenant Improvements and for such other purposes deemed necessary by Landlordshall 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. During Landlord's completion Subject to the last sentence of this paragraph, prior to the Tenant ImprovementsPossession Date, Landlord shall use commercially reasonable efforts perform all work at its sole cost and expense necessary to minimize interference with Tenant's use put the HVAC system in the Leased Premises in working order and enjoyment condition (the "HVAC Work"). From and after the Possession Date and continuing through the remainder of the Expansion SpaceTerm, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage servicing, maintenance, repair and replacement of the HVAC system in the Leased Premises (including, without limitation, any modifications to such HVAC system required to cause such HVAC system to comply with applicable Laws or required as a result of Tenant's property by Landlord or its contractors during the completion of the initial Tenant Improvements, ) shall be the sole responsibility of Tenant and Tenant hereby expressly agrees not to assert any such claims shall be at Tenant's sole cost and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)expense.
Appears in 1 contract
Sources: Lease Agreement (First Capital Income Properties LTD Series Viii)
Tenant Improvements. Upon execution hereof Landlord and prior Tenant acknowledge that Tenant presently occupies the Premises and that the Premises shall be delivered to Tenant pursuant to the Expansion Space Commencement DateLease in its “AS-IS,” “WHERE-IS” condition, subject to the renovations and improvements described herein. Subject to the conditions herein stated, Landlord shallagrees to deliver the Premises, at Landlord's ’s cost and expense, perform in “turnkey condition” containing the following work improvements (the “Tenant Improvements”) specified in the Expansion SpaceFinal Plans to be agreed to by Landlord and Tenant as set forth in Paragraph 2 below; provided, using Building standard materials:however, that
(1a) shampoo all improvements shall be made using building standard materials and be compatible with the existing carpetshell and core improvements and the design, construction and equipment of the Complex;
(2b) remove a four (4) foot wide portion of the partition between Suite 1200B all improvements shall comply with all applicable laws, rules, regulations, codes and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partitionordinances;
(3c) paint Tenant shall be responsible, at its sole cost and expense, for purchasing equipment and special trade fixtures identified as being Tenant’s responsibility to purchase in the walls as shown on EXHIBIT "B" attached heretoFinal Plans, which Landlord agrees to install at the Premises;
(4d) provide Tenant shall be liable, at its sole cost and install vinyl composition tile expense, for any non-building standard materials selected by Tenant for use in constructing the kitchen area as shown on EXHIBIT "B" attached heretoTenant Improvements;
(5e) Tenant shall be responsible, at its sole cost and expense, for purchasing voice and data wiring and wall-mounted jacks for same, which Landlord agrees to install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached heretoat the Premises;
(6f) dry clean all existing drapery;
(7) provide Tenant shall be responsible, at its sole cost and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide expense, for installing its voice and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates data systems and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcoveringequipment; and
(12g) patch Tenant’s selection of special trade fixtures or non-building standard materials that require long lead time and delay the passageway between Suite 1200B and Suite 1210 with Delivery Date beyond the existing carpet removed from the kitchen areaAnticipated Delivery Date shall constitute Tenant Delay. The above items General Fit-Out Notes (the “Notes”) set forth on the Tenant Space Plan (defined below) are collectively referred to incorporated herein as the "Tenant Improvements." Items (6), (7)by this reference, and (8) above in the event of a conflict between the Notes and this Work Agreement, the Notes shall not be required prevail as to be completed in order to constitute "substantial completion" the intent and agreement of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)parties.
Appears in 1 contract
Tenant Improvements. Upon execution hereof and prior Subject to the Expansion Space Commencement Dateforce majeure events, Landlord shallincluding events, at Landlord's cost and expense, perform the following work in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7)conditions, and occurrences that are outside of Landlord’s reasonable control that prevent or delay Landlord from performing its obligations, including requirements of, and approval from, governmental authorities and acts of God (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As suchcollectively, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements“Force Majeure Events”), Landlord shall use commercially reasonable efforts to minimize interference construct certain tenant improvements in the Premises for Tenant’s use in accordance with Tenant's the permitted use set forth below. Landlord shall prepare plans, drawings and enjoyment specifications for Landlord’s construction of the Expansion Spacetenant improvements for Tenant’s review and reasonable comments, provided that Tenant’s comments do not result in any delay in Landlord’s construction of the tenant improvements or increase in the costs of such construction. Any comments to Landlord’s plans, specifications and drawings shall be submitted to Landlord no later than five (5) business days after Tenant’s receipt of such plans, specifications and drawings. Landlord shall control all aspects of the design, preparation and construction of the tenant improvements. ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ #▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Budget $2,000,000 total Landlord budget for developing the Premises and constructing the tenant improvements outlined in Exhibit B. Rent: Exhibit D – Rental Schedule, provided that in the event that Landlord’s total costs (including hard and soft costs, professional fees and costs, costs of permits, and all other related costs to be determined by Landlord) to develop the Premises and construct the tenant improvements exceeds Landlord’s budget, the annual and monthly rent amounts in the Rental Schedule shall increase to take into consideration such increase in Landlord’s total costs, in which event Landlord shall amend the Rental Schedule to reflect the increase in costs and the increase in annual and monthly rent payments under the Lease, which shall be binding on Tenant. In addition to the payment of annual and monthly rent, and additional rent pursuant to the Lease, Tenant shall also pay to Landlord all use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvementstaxes, sales taxes, transaction privilege taxes, excise taxes, and other similar taxes associated with the Lease and Landlord’s receipt of rent payments under the Lease. All payments to be made by Tenant hereby expressly agrees to Landlord under the Lease shall be made in such form as is acceptable to Landlord, and Landlord shall not be obligated to assert accept any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)payments in cash.
Appears in 1 contract
Tenant Improvements. Upon execution hereof and prior to the Expansion Space Commencement Date, Landlord shall, at Landlord's cost its sole cost, supervise the construction of tenant improvements (the “Tenant Improvements”) requested by Tenant and expense, perform approved by Landlord in accordance with this Tenant Work Letter. The scope of the following work initial Tenant Improvements (the “Initial Tenant Improvements”) shall consist of: (i) new carpet and paint in the Expansion Suite 50 Space; and (ii) new carpet and paint in the Suite 200 Space and the Suite 210 Space. The scope of the access and non-structural reconfiguration Tenant Improvements (the “Access/Reconfiguration Tenant Improvements”) shall consist of: (a) the non-structural reconfiguration of certain offices and rooms in the Suite 200 Space, using Building standard materials:
the Suite 210 Space, and the Suite 50 Space; (1b) shampoo at Tenant’s election, an internal staircase between the existing carpet;
Suite 150 Space and the Suite 50 Space (2“Access TI”), the location of which shall be mutually acceptable to both Landlord and Tenant; and (c) remove a four (4) foot wide portion potentially replacing Suite 50 exterior patio entry double doors with folding glass doors to widen the opening for hosted events. The scope of the partition between Suite 1200B and 1210Tenant Improvements shall not include changes or modifications to the structure of the Building, in a mutually acceptable locationthe roof, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile and/or any base building system located in the kitchen area 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 shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside a result of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" construction of the Tenant Improvements) shall be constructed by Contractor at Tenant’s sole cost. As such, The Tenant Improvements shall be constructed with materials and finishes consistent with the existing materials and finishes in the Building. Landlord may complete such items during Tenant's Early Occupancy shall have the right to require the removal of the Expansion SpaceTenant Improvements (or any portion thereof) and restoration of the Premises as a result thereof in accordance with Section 8 of the Lease Agreement; provided, but however, Tenant shall provide Landlord with written notice at least one hundred twenty (120) days prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion end of the Tenant Improvements, term to ascertain whether Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment will require the removal of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)Access TI.
Appears in 1 contract
Sources: Lease Agreement (Dermira, Inc.)
Tenant Improvements. Upon execution hereof and prior Advances of Loan proceeds to the Expansion Space Commencement Datepay for Tenant Improvements (“Tenant Improvement Advances”), Landlord shall, at Landlord's cost and expense, perform shall be made to Borrower upon the following work in the Expansion Space, using Building standard materialsterms and conditions:
(1) shampoo Borrower shall have submitted to Administrative Agent (i) the existing carpet;Approved Lease for which the Tenant Improvements are to be constructed, and (ii) a schedule of the Tenant Improvements setting forth in detail satisfactory to Administrative Agent (A) each item of Tenant Improvements which Borrower intends to undertake, (B) the estimated cost of each such item, and (C) the time schedule for completing the Tenant Improvements. In no event shall Borrower be entitled to Tenant Improvements Advances for amounts attributable to ordinary and customary operating costs and expenses.
(2) remove In addition to satisfaction of the conditions set forth elsewhere in this Exhibit ”F”, Administrative Agent’s obligation to make any Tenant Improvements Advance shall be subject to the satisfaction of the following conditions precedent at the time of each such Tenant Improvements Advance:
(A) Borrower may request a four (4) foot wide Tenant Improvement Advance for any portion of the partition between Suite 1200B Tenant Improvements which has been performed to the satisfaction of Administrative Agent prior to the date a Tenant Improvements Advance is requested, and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 Tenant Improvements shall be connected. The opening shall be painted drywall partition;in accordance with (i) the plans approved by Administrative Agent and the tenant under the applicable Approved Lease, and (ii) all applicable Laws.
(3B) paint Administrative Agent shall have verified to its satisfaction the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside cost of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items
(6)C) Administrative Agent, at Administrative Agent’s election and at Borrower’s sole cost and expense, shall have inspected and approved such Tenant Improvements.
(7), and (8) above D) Borrower shall not use any Tenant Improvements Advance, or any portion of any Tenant Improvements Advance, for payment of any other cost or expense except as specifically set forth in a request for a Tenant Improvements Advance approved by Administrative Agent in writing. Administrative Agent shall have no duty or obligation to fund Tenant Improvements Advances except in accordance with this Agreement and only for expenses incurred in arrears.
(E) Requests for Tenant Improvements Advances shall specify the amount requested and shall be accompanied by appropriate invoices, bills paid affidavits, lien waivers, title endorsements and other documents reasonably required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Dateby Administrative Agent. Tenant hereby acknowledges Landlord's right Improvements Advances may be made for payment of costs and expenses incurred and invoiced but not yet paid by Borrower.
(F) If require by Administrative Agent, the tenant under the Approved Lease with respect to enter on which the final Tenant Improvements Advance is sought shall have executed and delivered to the Expansion Space during Tenant's Early Occupancy Administrative Agent a tenant estoppel certificate in form satisfactory to and approved by Administrative Agent.
(G) With respect to Approved Leases which provide for the purposes payment by landlord of completing the an “Allowance” for Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's upon completion of the Tenant ImprovementsImprovements by tenant, Landlord shall use commercially reasonable efforts upon delivery to minimize interference with Tenant's use and enjoyment Administrative Agent that all of the Expansion Space, and Tenant shall use commercially reasonable efforts requirements in the applicable Lease have been satisfied to minimize interference with Landlord's completion entitle tenant to the payment of the Tenant Improvements. Tenant hereby expressly waives any Allowance together with bills paid affidavits, lien waivers, title endorsements and all claims it may have against Landlord arising from future damage to Tenant's property other documents reasonably required by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)Administrative Agent.
Appears in 1 contract
Sources: Loan Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)
Tenant Improvements. Upon execution hereof and prior to the Expansion Space Commencement Date, Landlord shall, at Landlord's cost and expense, perform the following work in the Expansion Space, using Building standard materials:
(1a) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior 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 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 underlying membrane to be undertaken by a licensed roofing contractor and shall cause those repairs which may be necessary for the safe occupancy of the Subleased Premises. Tenant hereby acknowledges Landlord's right In connection with such inspection, Sublandlord shall provide a roofing report to enter on verify the water tight condition of the existing 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.
(ii) Sublandlord shall cause to be placed in good working order, condition and state of repair, all mechanical systems in the Subleased Premises, 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 Expansion Space during Tenant's Early Occupancy 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) Sublandlord shall cause the repair of all broken exterior glass at the Subleased Premises, and shall reseal to a weather 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 purposes Subleased Premises and shall provide evidence that the termite and pest abatement work specified in such report has been completed. Sublandlord shall also provide evidence that repairs of completing any termite damage to the Tenant Improvements overhead gluelam beams within the Subleased Premises has been completed as specified by such report.
(b) Subtenant shall contract with Landlord in order to cause the remediation by removal of all of the asbestos in the Subleased Premises identified in the attachments to that certain cover letter dated September 29, 1993 from ▇▇. ▇▇▇▇ ▇▇▇▇▇▇▇, Jr. to ▇▇. ▇▇▇▇▇▇ ▇▇▇, a copy of which letter is attached hereto as Exhibit "C" and incorporated herein, and the return of the affected area, following such work of removal, to a condition ready to receive surface materials, such as floor covering or 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 maximum cost to Subtenant for such other purposes deemed necessary work shall be $2,000. Sublandlord shall reimburse Subtenant for Sublandlord's share of the 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. During Landlord's completion , a description of the Tenant Improvementswork and the estimated cost thereof shall be set forth in a contract between Landlord and Subtenant, Landlord which contract shall use commercially reasonable efforts be reasonably approved by Sublandlord prior to minimize interference the commencement of such work within the Subleased Premises.
(c) Subtenant shall be responsible for causing the Subleased Premises to be in compliance with Tenant's use and enjoyment the requirements of Title III of the Expansion Space, and Tenant shall use commercially reasonable efforts Americans With Disabilities Act which are applicable to minimize interference with Landlord's completion the Subleased Premises as of the Tenant Improvements. Tenant hereby expressly waives Commencement Date.
(d) In no event shall Sublandlord be required to repair any and all claims it may have against Landlord arising from future cosmetic damage to Tenantany furniture, furnishings, partitioning, carpeting, wallpaper or other decorative finishing resulting from Sublandlord's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all work set forth in Subparagraph 6(a) above unless such damage and any and all related losses, unless caused by is due to the willful misconduct or gross negligence of Sublandlord.
(e) By the execution of the Consent and Agreement Concerning Sublease by Landlord, Sublandlord and Subtenant, it is agreed and understood by and among Sublandlord, Subtenant and Landlord that the provisions of Paragraph 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, which contract, in Landlord's contractor(s)reasonable judgment, will require the performance by the contractor of a preventative maintenance program which is in accordance with good property management and roofing maintenance practice. So long as such program is followed, Landlord will waive any requirement of roof replacement which is otherwise required by the provisions of said Paragraph A of Exhibit "G" or by any surrender provisions of the Lease. During the term of this Sublease, Subtenant shall be responsible for assuring that such preventative maintenance program is in full force and effect. If, as a result of subtenant's failure to cause such preventative maintenance program to be in effect during the term of this Sublease, Landlord 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. Upon execution hereof and prior The Parties acknowledge that Landlord has selected ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇, PLLC or such other architect as reasonably selected by Landlord to be the Expansion Space Commencement Date, “Project Architect” for the Tenant Improvements. Landlord shall, at Landlord's its sole cost and expenseexpense up to the Cost Ceiling (a) cause the Tenant Improvements to be in a state of Substantial Completion, perform the following work in the Expansion Spaceand (b) furnish all labor and materials to design, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion construct, furnish, install and complete all of the partition between Suite 1200B items, equipment and 1210work necessary to bring the Tenant Improvements to a state of Substantial Completion, each for the District’s use and occupancy of the Premises, in a mutually acceptable locationturnkey manner, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile generally in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 accordance with the existing carpet removed from Project Schedule (subject to delay caused by Force Majeure Events and District Delay) pursuant and subject to the kitchen area. The above items are collectively referred to herein as terms of this Work Exhibit, the "Tenant Improvements." Items (6), (7)remainder of this Lease, and (8) above shall not be required to be completed in order to constitute "substantial completion" accordance with Laws. Landlord acknowledges that Landlord has previously received the District’s specifications and requirements for the build out of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy Improvements consisting of the Expansion Spacefollowing documents: (a) “Basis of Design, Furniture & Finishes”; (b) “Workplace Design Guidelines”; (c) “Signage Specifications and Standards”; (d) “Information Technology (“IT”) Infrastructure Specifications and Standards”; and (e) “Department of General Services, Protective Services Division’s (“DGS-PSD”) Security Infrastructure Specifications and Standards” ((a) through (e) each and collectively are, the “District Requirements”). “Tenant Improvements” (and each, a “Tenant Improvement”) shall mean the turnkey build-out of the Premises and the MDF Room, and the District’s relocation thereto (if applicable), including, but prior not limited to the Commencement DatePM Services costs (not to exceed 3% of Hard Costs), lactation room, the District’s relocation costs (if any), the purchase and installation of the construction elements, furniture, fixtures, equipment (including security, server room, network and power equipment), fit-out, signs, HVAC related distribution ductwork, cabling and wiring for both power and low voltage requirements, security infrastructure, information technology (“IT”) server room equipment, telephones and any other IT infrastructure requirements, but specifically not IT equipment such as computers, televisions and printers (collectively, the “Excluded IT Equipment”). Tenant hereby Landlord agrees and acknowledges Landlord's right to enter on to that (i) a vendor approved by DGS-PSD shall be the Expansion Space during Tenant's Early Occupancy required Subcontractor for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference District’s security requirements associated with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and (ii) OCTO/DC-Net or its approved vendor may, at Landlord’s election, be the Subcontractor for the IT requirements associated with the Tenant hereby expressly agrees Improvements; provided that, in all events, OCTO/DC-Net and DGS-PSD will provide the IT infrastructure and security standards and specifications, respectively, for the Tenant Improvements. Landlord and the District acknowledge and agree that, notwithstanding the foregoing definition of Tenant Improvements, the District shall not be limited in the application of the Tenant Improvement Allowance to assert any such claims items, but shall have the right to apply the Tenant Improvement Allowance to other costs relating to the ▇▇ ▇▇▇▇▇▇▇▇▇▇▇ build-out of the Premises pursuant to this Work Exhibit and the remainder of this Lease. Landlord shall Substantially Complete the Tenant Improvements in accordance with the District Requirements, each approved Design Phase, and the Final Plans and Specifications. In addition, all of the Tenant Improvements shall be performed by or on behalf of Landlord: (i) promptly and in a good workmanlike manner; (ii) by duly qualified, licensed and bonded persons; (iii) in accordance with Laws and the provisions of this Lease; and (iv) once commenced, diligently pursued to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)Substantial Completion.
Appears in 1 contract
Tenant Improvements. Upon execution hereof Lessor shall deliver possession of the Premises to Lessee in its current “AS IS” condition and prior Lessee shall be responsible for the design and construction of the Tenant Improvements (as defined herein) for the Premises. Lessor shall have the right to review and approve Lessee's plans for the Tenant Improvements, which approval shall not be unreasonably withheld. Tenant Improvements shall include all improvements serving or located within the Premises, including without limitation, framing of demising walls for the Premises, drywalling, taping and painting of 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 the Expansion Space Commencement DatePremises (the “Tenant Improvements”). The Tenant Improvements shall include, Landlord shallwithout limitation, construction of a new “Quality Main Entrance” to the Building at Landlord's a cost of approximately One Hundred Thousand dollars ($100,000.00) and expense, perform windows along the following work in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion south facing wall of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 Building costing not less than One Hundred Thousand dollars ($100,000.00). Lessee shall be connectedresponsible for the payment of all Tenant Improvements in advance including, but not limited to, design fees, permits and all other expenses in connection therewith. The opening Tenant Improvements shall be painted drywall partition;
in compliance with all applicable building codes and insurance requirements. Lessor shall review and approve or disapprove Lessee's plans within ten (310) paint days from the walls as shown on EXHIBIT "B" attached hereto;
date such plans are delivered to Lessor. If the Lessor does not act within the ten (410) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
days, Lessee shall deliver a second written notice to Lessor, which shall state that if Lessor fails to respond within five (5) install two business days after receipt of such notice, such failure to act shall be deemed to be approval of Lessee's plans. If Lessee delivers such second notice pursuant to this Section and Lessor fails to respond within five (25) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on business days after receipt of such notice, such failure to act shall be deemed to be approval of Lessee's plans. If Lessor's disapproves Lessee's plans, Lessor's notice of disapproval shall state the inside reasons for Lessor's disapproval with reasonable particularity. Upon delivery of possession of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove Premises to Lessee, Lessee shall be responsible for the payment of all existing chrome cover-plates utility costs and replace with Building standard ivory cover-plates;
(10) patch shall be in place all of the nail holes in insurance required under the existing wallcovering with spackle (provided that such patched areas terms of this Lease and shall not be required provide evidence thereof to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred Lessor prior to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" commencing construction of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy Lessee shall cause all of the Expansion Space, but prior Lessee's Improvements to be diligently prosecuted and completed and shall not delay substantial completion of the Premises or the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s).
Appears in 1 contract
Sources: Lease Agreement (Inamed Corp)
Tenant Improvements. Upon execution hereof and prior 5.1 Tenant shall cause appropriate improvements consistent with the Permitted Use (the “Tenant Improvements”) to be constructed in the Premises pursuant to the Expansion Space Commencement DateWork Letter attached hereto as Exhibit E (the “Work Letter”) at a cost to Landlord not to exceed One Million Dollars ($1,000,000.00) (the “TI Allowance”). The TI Allowance may be applied to the costs of (a) construction, (b) project review by Landlord shall, at Landlord's cost (which fee shall equal one and expense, perform the following work in the Expansion Space, using Building standard materials:
one-half percent (11.5%) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion cost of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference including the TI Allowance), (c) commissioning of mechanical, electrical and plumbing systems by a licensed, qualified commissioning agent hired by Tenant, and review of such party’s commissioning report by a licensed, qualified commissioning agent hired by Landlord, (d) space planning, architect, engineering and other related services performed by third parties unaffiliated with Tenant's use , (e) building permits and enjoyment of the Expansion Spaceother taxes, fees, charges and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property levies by Landlord governmental authorities for permits or its contractors during the completion for inspections of the Tenant Improvements, and (f) costs and expenses for labor, material, equipment and fixtures. In no event shall the TI Allowance be used for (m) the cost of work that is not authorized by the Approved Plans (as defined in the Work Letter) or otherwise approved in writing by Landlord, (n) payments to Tenant hereby expressly agrees not to assert or any such claims and to bear affiliates of Tenant, (o) the risk purchase of any furniture, personal property or other non-building system equipment, (p) costs resulting from any default by Tenant of its obligations under this Lease or (q) costs that are recoverable by Tenant from a third party (e.g., insurers, warrantors, or tortfeasors).
5.2 Tenant shall have until October 23, 2030 to request disbursement for the final installment of the TI Allowance, and all such damage and may request no more than five (5) disbursements of the TI Allowance, with each disbursement (other than the final disbursement) being no less than Two Hundred Thousand Dollars ($200,000.00). Landlord’s obligation to disburse any and all related lossesof the TI Allowance shall be conditional upon Tenant’s satisfaction of the conditions precedent to funding of the TI Allowance set forth in Section 6.3 of the Work Letter. In addition, unless caused Landlord’s obligation to disburse any of the TI Allowance in excess of Eight Hundred Dollars ($800,000.00) shall be conditional upon the satisfaction of the following: (a) Tenant’s delivery to Landlord of a certificate of occupancy for the Premises suitable for the Permitted Use, as applicable; (b) Tenant’s delivery to Landlord of a Certificate of Substantial Completion in the form of the American Institute of Architects document G704, executed by the gross negligence project architect and the general contractor or such other form or certification as may be reasonably acceptable to Landlord; (c) Tenant’s satisfaction of Landlord or Landlord's contractor(s)the conditions precedent to funding of the TI Allowance set forth in Section 6.3 of the Work Letter; and (d) there shall be no uncured event of default by Tenant under this Lease.
Appears in 1 contract
Tenant Improvements. Upon execution hereof Landlord at Landlord’s sole cost and expense shall provide the “Base Building” improvements as outlined in Exhibit B. In addition, Landlord agrees to construct the Premises and Site improvements, per Exhibit B, appurtenant thereto (collectively the “Improvements”), which will be designed and constructed to the specifications of the Tenant. Landlord will contribute a total amount of Three Hundred-Fifty thousand dollars ($350,000.00) towards the Improvements (the “Improvement Allowance”). All improvements and any funds to be spent on construction per the approved Final Plans and Specs, per Exhibit B, and any modifications made hereto must be pre-approved by Tenant. Landlord will require one half (1/2) of Tenant’s portion of Tenant Improvement monies (per the most recent build-out estimate) be paid upon Lease Execution. The remaining one half (1/2) of the Tenant’s portion of Tenant Improvement monies shall be paid by Tenant sixty days (60) after Lease Execution. All funds paid by Tenant pursuant to this section shall be held in the non-bearing escrow account of Lowndes, Drosdick, Doster, ▇▇▇▇▇▇ & ▇▇▇▇, PA, Landlord shall submit all invoices to Tenant. Tenant shall have twenty-four hours to inform Landlord that it reasonably agrees or disagrees with payment of the invoice. If the twenty-four hour period ends after 5:00 p.m. on Friday, the time period shall be extended to Monday at 5:00 p.m. for which to respond (“Response Period”). If Tenant fails to respond in the Response Period, Landlord shall have the right to pay such invoices and the escrow agent shall have authority to release such funds. Landlord will forward copies of all contracts and invoices with regard to the improvements to the Premises to Tenant. Landlord will provide, to the best of knowledge, all overages, as they are incurred and prior to the Expansion Space Commencement Datework being done. At time of completion Landlord will adjust charges per the final project cost, and either issue a credit or invoice Tenant for any difference. Landlord shallwill keep all funds contributed by Tenant in an escrow account that will only be reduced by charges that are the result of improvements to Tenant’s space. Tenant may request Landlord to bid and award the Improvements contract with another general contractor or subcontractor of Tenant’s choice, at said contractor subject to the final approval of Landlord's cost and expense, perform the following work in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall which will not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvementsunreasonably withheld." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s).
Appears in 1 contract
Tenant Improvements. Upon execution hereof and prior Subject to the Expansion Space Commencement Dateterms and conditions set forth in this Article Sixteen, Landlord shall, at Landlord's cost will provide Tenant with an improvement allowance (the "Tenant Improvement Allowance") of up to Two and expense, perform the following work in the Expansion Space, using Building standard materials:
50/100 Dollars (1$2.50) shampoo the existing carpet;
(2) remove a four (4) per square foot wide portion of the partition between Suite 1200B Property, for the costs relating to the initial design and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
construction of permanently affixed improvements (3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required ") to the Property desired to be completed in order to constitute "substantial completion" of the made by Tenant. The Tenant Improvements. As such, Landlord Improvement Allowance may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior be used for any costs relating to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements initial design and for such other purposes deemed necessary by Landlord. During Landlord's completion construction of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenantincluding without limitation, architectural and engineering fees for preparation of preliminary space plans and architectural, electrical, mechanical and engineering working drawings and the contractor's use and enjoyment of the Expansion Space, and fees. Tenant shall use commercially reasonable efforts pay to minimize interference with Landlord's completion Landlord a construction supervision fee, all or part of which may be paid out of the Tenant ImprovementsImprovement Allowance, in an amount equal to one percent (1%) of the Tenant Improvement Allowance amount. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage Prior to Tenant's property by Landlord or its contractors during the completion commencement of the Tenant Improvements, Tenant will furnish Landlord with all plans and specifications for the Tenant hereby expressly agrees Improvements (collectively, the "Plans and Specifications") for Landlord's approval (which approval shall not be unreasonably withheld or delayed). Within fourteen (14) days after receipt of the Plans and Specifications, Landlord shall notify Tenant whether or not Landlord shall require Tenant to remove the initial Tenant Improvements to the Property at the expiration the Lease Term and restore the Property to the same condition as received. The Tenant Improvements shall be constructed in accordance with the approved Plans and Specifications by a contractor selected by Tenant and reasonably approved by Landlord, provided such contractor satisfies Landlord's insurance requirements. The Tenant Improvements shall be performed and completed in compliance with all applicable laws, codes, rules and regulations, including any permit requirements, without any unpaid claims for material, labor or supplies. Tenant shall furnish to Landlord executed construction permits and such invoices, affidavits, releases, and other documentation as Landlord may reasonably request, to be assured, to Landlord's satisfaction, that the Tenant Improvements have been completed in accordance with the Plans and Specifications approved by Landlord and have been paid for by Tenant. Provided Tenant complies with all of the terms and conditions of this Lease, including but not limited to, proof of payment of all bills and delivery to Landlord of unconditional lien releases from all contractors, subcontractors and material suppliers, Landlord shall make progress payments to Tenant in accordance with Landlord's disbursement procedures for Tenant's costs incurred in connection with the Tenant Improvements up to an amount not to assert exceed the amount of the Tenant Improvement Allowance. Tenant will be responsible for paying all costs of the Tenant Improvements in excess of the Tenant Improvement Allowance. If the cost of the Tenant Improvements is less than the Tenant Improvement Allowance, Tenant shall not be entitled to any such claims and to bear remaining portion of the risk of Tenant Improvement Allowance or any and all such damage and credit, deduction or offset against rent or any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)other amounts due under this Lease.
Appears in 1 contract
Sources: Industrial Real Estate Lease (All American Semiconductor Inc)
Tenant Improvements. Upon execution hereof and prior (a) Tenant shall complete all improvements required or desired by Tenant for Tenant’s use of the Expansion Space part of the Leased Premises (collectively, the “Tenant Improvements”) according to the Tenant Improvement Plans (defined below) as provided herein. It is understood that the Tenant Improvements may include, subject to the provisions hereof, 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 Commencement Dateon the south side of the Building.
2. Tenant may improve for its exclusive use and control, Landlord shall, at Landlord's cost and expense, perform the following work in any building stairwells that are internal to the Expansion SpaceSpace part of the Leased Premises, using Building standard materials:and may integrate those stairwells into Tenant’s security systems.
3. Tenant may install an uninterrupted power supply (1UPS) shampoo system and emergency stand-by battery system, and may use a portable generator (in addition to the existing carpet;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 (2the “Antennae”) remove a four (4) foot wide on that portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside roof of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates Building located immediately above the Expansion Space part of the Leased Premises, and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match charged extra rent or other fee by Landlord for the surrounding wallcovering);Antennae or the use of roof space for the Antennae.
(11b) commercially clean all existing vinyl wallcovering; and
Subject to sections (12l) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above n) below, Tenant shall not be required to be completed in order to constitute "substantial completion" 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”). As suchLandlord 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 receipt of the Tenant Improvement Plans, Landlord may complete 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 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 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 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 Leased Premises in accordance with such drawings, plans and specifications.
(f) Upon Landlord’s approval of the 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 during Tenant's Early Occupancy as may require approval of the Expansion SpaceCommittee, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on Approvals shall include approval of the Committee of the installation of a separate primary entrance to the Expansion Space during Tenant's Early Occupancy for on the purposes south side of completing the Tenant Improvements Building and for 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 other purposes deemed necessary by Landlordentrance and additional walkway from the upper parking area. During Landlord's Upon substantial completion of the Tenant Improvements, Landlord Tenant shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment obtain a permanent certificate of occupancy for the Expansion Space part of the Expansion SpaceLeased 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) furnish 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 Lease, and (iii) notify Landlord of the date on which Tenant shall use commercially reasonable efforts intends to minimize interference with Landlord's completion commence construction of the Tenant Improvements. The construction contemplated by the Tenant hereby expressly waives Improvement Plans shall be performed by skilled 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, $2 million aggregate, with reputable companies licensed to provide insurance in Texas. Certificates of insurance for Tenant and its contractors shall be delivered to Landlord before Tenant commences construction of the Tenant Improvements.
(h) The construction of the Tenant Improvements shall be done in a good and workmanlike manner and in accordance with the Tenant Improvement Plans, as 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, and all claims it may have against as a condition precedent to, making such change; provided, Landlord arising from future damage 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 Tenant's property complete the Tenant Improvements by the Rent Commencement Date for any reason other 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 its contractors during power to bind Landlord or any interest of Landlord in the completion Project, the Property, the Building, or the Expansion Space part of the Leased Premises for the payment of any claim for labor or 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 hereby expressly 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 not 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 assert 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 claims 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 bear the risk of defray any and all such damage expenses and any fees incurred by Tenant in connection with the design, planning, approval and all related losses, unless caused by construction of the gross negligence of Landlord or Landlord's contractor(s)Tenant Improvements.
Appears in 1 contract
Sources: Lease Agreement (Pharmaceutical Product Development Inc)
Tenant Improvements. Upon In connection with the amendment of the Lease contemplated by this Amendment, Tenant shall receive a tenant improvement allowance (the "Allowance") from Landlord in an amount equal to One Hundred Forty-Nine Thousand Five Hundred Ten Dollars ($149,510.00) to be used for tenant improvements to the Premises (the "Allowance Improvements"). The Allowance shall be available to Tenant following the full execution hereof of this Amendment and shall be disbursed by Landlord to Tenant to timely pay costs of construction in connection with the Allowance Improvements upon completion of a particular improvement, contractor lien release, if applicable. The Allowance Improvements shall be mutually agreed upon by Landlord and Tenant prior to the Expansion Space Commencement Datecommencement of construction, Landlord shall, at with Landlord's cost approval not to be unreasonably withheld or delayed, and expenseshall include, perform by way of illustration only, improvements to the following work HVAC system for the building (the "Building") in which the Expansion SpacePremises are located, using Building standard materials:
(1) shampoo including cooling tower improvements, air compressor improvements and boiler improvements; interior space improvements to the existing carpet;
(2) remove a four (4) foot wide portion Premises, including carpeting replacement, painting of the partition between Suite 1200B Premises, and 1210replacement and repair of countertops, flooring, and doors; a kitchen remodel; conference room built-ins; and related improvements. The foregoing description is intended as a general description only and shall be finalized by agreement of the parties. Tenant shall be responsible for construction of the Allowance Improvements, all of which shall be completed in a mutually acceptable locationgood, such that Suite 1200B workmanlike and Suite 1210 shall be connectedlien-free manner, pursuant to a schedule reasonably approved by the parties. The opening Allowance Improvements shall be painted drywall partition;
(3) paint not include, and the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas Allowance shall not be required allocated for payment of, improvements to match any common areas of the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen areaBuilding. The above items are collectively referred Allowance shall be available for all reasonable costs related to herein as the "Tenant Improvements." Items (6), (7), construction and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Allowance Improvements, Landlord including, without limitation, design and architectural fees, permits and licenses and all other related hard and soft costs of such construction. The parties shall use commercially reasonable efforts to minimize interference with also reasonably agree upon Tenant's use contractor for such work and enjoyment a method of the Expansion Space, and Tenant shall use commercially reasonable efforts timely disbursements to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and pay all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)costs incurred in connection therewith.
Appears in 1 contract
Sources: Lease (Vical Inc)
Tenant Improvements. Upon execution hereof and prior Landlord shall construct and, except as provided below to the Expansion Space Commencement Datecontrary, Landlord shall, at Landlord's pay for the entire cost and expense, perform of constructing the following work tenant improvements in the Expansion SpacePremises (collectively, using Building standard materials:
(1) shampoo the existing carpet;
(2) “Tenant Improvements”): • remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
seven (7) provide offices (See Exhibit A); • patch and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on repair of ceiling by way of replacement. Ceiling grid in the inside area of the existing drapery 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 shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch needed throughout the nail holes in Premises. Tenant may request changes to the existing wallcovering with spackle (Tenant Improvements provided that such patched areas (a) the changes shall not be required to match of a lesser quality than Landlord’s standard specifications for tenant improvements for the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein Building, as the "Tenant Improvements." Items same exists on the Effective Date (6the “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 effect on the structural integrity or systems of the Building; (e) the changes will not, (7)in Landlord’s opinion, and (8) above shall not be required to be completed in order to constitute "substantial completion" 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 overall objectives of Landlord for the Building. As suchIf Landlord approves a change requested by Tenant, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Spacethen, but prior as a condition to the Commencement Date. effectiveness of Landlord’s approval, Tenant hereby acknowledges Landlord's right shall pay to enter on Landlord upon demand by Landlord the increased actual cost attributable to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary change, as reasonably determined by Landlord. During Landlord's To the extent any such change results in a delay of completion of construction of the Tenant Improvements, Landlord then such delay shall use commercially reasonable efforts to minimize interference constitute a delay caused by Tenant as described below. Concurrently with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion construction of the Tenant Improvements, but not as a part thereof, Landlord shall allow the installation of Tenant’s security system for access to the Premises in the Building 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 Tenant hereby expressly agrees not to assert any such claims and to bear the risk removal thereof upon Tenant’s vacation of any and all such damage and any and all related lossesthe Premises, unless caused by the gross negligence of Landlord or Landlord's contractor(s)shall be Tenant’s responsibility.
Appears in 1 contract
Tenant Improvements. Upon execution hereof and prior to the Expansion Space Commencement Date, Landlord shall, at Landlord's cost and expense, perform the following work in the Expansion Space, using Building standard materials:
(1) shampoo Landlord agrees to retain SJP Properties as construction manager to provide the existing carpet;installations and improvements and complete the work in and to the Premises in accordance with the Final Plans (as hereinafter defined), other than Tenant Installations (as hereinafter defined). Landlord shall be responsible for the Cost of Tenant Improvements as defined in paragraph 3(a) up to Seven Hundred Fifty Nine Thousand Dollars ($759,000) (representing $23.00 per rentable square foot of the Premises) (the “Construction Allowance”). Cost of Tenant Improvements in excess of the Construction Allowance shall be referred to as an “Additional Cost”and paid by Tenant in accordance with Paragraph 3(c). If the Cost of Tenant Improvements is less than the Construction Allowance any remaining balance of the Construction Allowance shall be paid to Tenant within thirty (30) days of Tenant’s acknowledgment to Landlord that Landlord’s obligations pursuant to this Work Agreement are complete, or, at Tenant’s election, may be taken as a credit against Base Rent due from Tenant under this Lease.
(2a) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any retain ▇▇▇▇▇▇▇ ▇▇▇▇▇, as architect and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of ____________________ as mechanical engineer for the Tenant Improvements, and Tenant hereby expressly covenants and agrees not to assert deliver to Landlord all information and associated plans and working drawings for the construction and completion of Tenant’s Work on or before April 1, 2001 (the “Submission Deadline”). All of said plans and drawings shall be in form sufficient for obtaining a building permit. Tenant shall provide Landlord with five (5) sets of plans together with a sepia copy. Tenant acknowledges that this information must be delivered to Landlord by the Submission Deadline in order to allow Landlord sufficient time to review such documents, plans and drawings, to discuss with Tenant any changes therein which Landlord believes to be necessary or desirable, to enable Landlords’contractor to prepare an estimate of the cost of such modifications, to bid the work required to be bid, and to substantially complete such modifications within the time frame required by Landlord. Any delay as a result of Tenant’s failure to furnish the Final Plans to Landlord on or before the Submission Deadline or Tenant’s changes to the Final Plans (notwithstanding Landlord’s approval of any such claims changes) shall be deemed to be a Tenant Delay.
(b) Landlord agrees that it will not unreasonably withhold its approval of the plans and to bear working drawings for the risk construction of the Tenant Improvements, or of any changes or modifications thereof; provided, however, that Landlord shall have sole and absolute discretion to approve or disapprove any improvements that will (i) be visible from the exterior of the Premises, or which involve or may affect any structural or exterior element of the Building or any area or element or any facility serving any area of the Building or delay completion of the Premises, or (ii) require unusual expense to readapt the Premises to normal use on lease termination or increase the cost of construction or of insurance or taxes on the Building, unless Tenant first gives assurance reasonably acceptable to Landlord for payment of such increased cost and that such readaption will be made prior to such termination without expense to Landlord. Any approval of such plans and working drawings by Landlord shall not constitute approval of any delays caused by Tenant and shall not be deemed a waiver of any rights or remedies that may arise as a result of such delays. In the event of a rejection by Landlord of any proposed plans, Tenant may make changes to the plans and resubmit them pursuant hereto. Upon receiving Landlord’s approval to any proposed plans, such plans shall become the final plans (the “Final Plans”) hereunder. No plans submitted to Landlord shall be considered to be the Final Plans unless they are submitted to Landlord signed and sealed by Tenant’s Architect and in proper and sufficient form for Landlord to obtain all such damage necessary permits and approvals to make said improvements in accordance with the Final Plans.
(3) (a) The term “Cost of Tenant Improvements”as used in this Lease shall mean all costs of completing the Tenant Improvements, including, without limitation: (i) constructing the work pursuant to the Plans, including, without limitation, subcontracts, materials, labor (whether performed by Landlord’s own forces or by third-parties), improvements, general conditions, (ii) preparing the Plans, and any other plans required to complete the work, including all engineering and all related lossesarchitectural fees, unless caused by (iii) any fees in connection with obtaining the gross negligence necessary permits for the construction of the Tenant Improvements and (iv) an additional sum equal to twelve percent (12%) of the Cost of Tenant Improvements included in items (i) and (iii), but not (ii), of this Section 3(a) to compensate Landlord or Landlord's contractor(s)for its overhead expense and supervision and for general conditions.
Appears in 1 contract
Tenant Improvements. Upon execution hereof Tenant has inspected and prior agrees to accept the Expansion Space Commencement DatePremises 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 cost and ’s expense, perform prior to the Commencement Date cause the construction of the following work 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 Expansion SpacePremises to 2,000 amps, using Building standard materials: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.
(1) shampoo 2. Replace current light fixtures in the existing carpet;
(2) remove a four (4) foot wide warehouse portion of the partition between Suite 1200B and 1210Premises with T-8 HO fixtures, in a mutually acceptable locationto achieve 48 foot-candles at 36” above finished floor level, such that Suite 1200B and Suite 1210 shall be connectedbased on an open warehouse with no racking or other obstructions.
3. The opening shall be painted drywall partition;
(3) Re-paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes carpet and/or VCT in the existing wallcovering 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 spackle any changes, additions or revisions to the Tenant Improvements shall be the sole responsibility of Tenant. Tenant shall 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: (provided that i) Tenant’s actual out-of-pocket costs incurred in installing compressed air lines in the Premises; or (ii) $10,000 (the “Allowance”). Tenant shall provide Landlord with copies of invoices evidencing such patched areas costs, and Landlord, shall, within thirty (30) days of receipt of such invoices, issue such reimbursement payment to Tenant. Landlord shall not be required to match construct a demising wall between the surrounding wallcovering);
Premises and the ROFR Space (11as defined below) commercially clean until such time as Landlord elects in its sole discretion to do so. Provided Tenant has not exercised the Right of First Refusal set forth in Paragraph 31E below, Landlord may elect to construct such demising wall at any time during the Term of the Lease. Upon notice from Landlord that Landlord has elected to construct such demising wall, Tenant shall move all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B furniture, fixtures and Suite 1210 with the existing carpet removed other items away from the kitchen area. The above items are collectively referred to herein as immediate vicinity in which the "Tenant Improvements." Items (6), (7), and (8) above shall not demising wall will be required to be completed constructed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges provide sufficient room for Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, ’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 ’s use and enjoyment of the Expansion SpacePremises for the conduct of its business. If Tenant requests that such work be performed outside of normal business hours, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives pay any and all claims it may have against Landlord arising from future damage to Tenant's property overtime or other increased costs incurred by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)in complying with Tenant’s request.
Appears in 1 contract
Tenant Improvements. Upon execution hereof (a) Landlord has received and prior to the Expansion Space Commencement Date, Landlord shall, at Landlord's cost and expense, perform the following work reviewed Tenant’s improvement plans (“Tenant Improvement Plans”) in the Expansion Spaceform of drawings provided by Tenant’s architect, using Building standard materials:
GEZ Architects and Engineers and its Contractor, MAI Industries. Landlord hereby approves (1i) shampoo the existing carpet;
(2) remove a four (4) foot wide portion engagement by Tenant of GEZ Architects and Engineers as Tenant’s architect and engineer for the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) tenant improvements indicated on the inside of Tenant Improvement Plans (the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "“Tenant Improvements." Items (6), (7), ”) and (8) above shall not be required to be completed in order to constitute "substantial completion" ii) MAI Industries as Tenant’s contractor for the construction of the Tenant Improvements. As suchAdditionally, Landlord may complete such items during Tenant's Early Occupancy hereby approves the Tenant Improvement Plans and the construction of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion Tenant pursuant thereto.
(b) Lessor agrees to release to Tenant in phased releases that certain original tenant improvement allowance (“Original Allowance”) payable by Landlord to Tenant in the amount of $562,948 in accordance with the below schedule: (i) 10% within five (5) days from issuance of the initial construction permit; (ii) 80% of the Original Allowance, in one or more disbursements in amounts equal to (x) the total amount of the Original Allowance multiplied by (y) a fraction the numerator of which is equal to disbursements to the Tenant Improvementsunder its Equipment Line (as defined below) directly related to verified paid receipts for improvements to ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ and the denominator of which is the total construction budget of $5,738,300.00; and (iii) the remaining unpaid portion of the Original Allowance upon issuance of the permit of occupancy by the City of Novato.
(c) As used herein, the term “Equipment Line” means that certain Loan and Security Agreement entered into by and between Tenant and Comerica Bank in the maximum principal amount of $25,000,000. For reference, Exhibit A, attached hereto, is an excerpt from the Equipment Line relating to the process for the disbursement of funds under the Equipment Line. For purposes of determining disbursement under clause (b)(ii), above, Tenant shall provide Landlord with a copy of each request for reimbursement of funds submitted to Comerica, the form of such request is attached hereto as Exhibit B, with a statement of the amounts paid for improvements to ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ and the receipts supporting such amounts, Landlord shall use commercially reasonable efforts to minimize interference with pay Tenant the amount due based upon each request within five (5) days after Landlord’s receipt of such documentation from Tenant's use and enjoyment . For reference, a copy of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s).construction budget is attached hereto as Exhibit C.
Appears in 1 contract
Sources: Lease (Biomarin Pharmaceutical Inc)
Tenant Improvements. Landlord 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 execution hereof request by Landlord, Tenant shall designate in writing an individual authorized to act as Tenant’s Representative with respect to all approvals, directions and prior authorizations pursuant to this Construction Rider. Landlord shall have no obligation to perform any work to prepare the Premises for use or occupancy by Tenant except as expressly provided herein and as otherwise expressly provided in Section 1 of the Lease. Landlord, at its sole cost and expense (subject to the Expansion Space Commencement Dateterms and provisions of Section 1.1 below) shall perform improvements to the Premises in accordance with the following work list (the “Work List”) using Building standard methods, Landlord shallmaterials and finishes and as otherwise reasonably determined by Landlord.
(a) Construct a kitchen in the Premises with a sink, upper and lower cabinetry and a dishwasher;
(b) 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 Landlord's Tenant’s sole cost and expense, perform the following work in the Expansion Spaceplus any applicable state sales or use tax thereon, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 payable upon demand as Additional Rent. Tenant shall be connected. The opening shall be painted drywall partition;
responsible for any Tenant Delay (3defined below) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Improvements resulting from any such other work and upgrades requested or performed by Tenant's use and enjoyment .
1.2. Landlord’s supervision or performance of the Expansion Space, and any work for or on behalf of Tenant shall use commercially reasonable efforts not be deemed to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property be a representation by Landlord that such work complies with applicable insurance requirements or its contractors during that the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)improvements constructed will be adequate for Tenant’s use.
Appears in 1 contract
Sources: Lease Agreement (Inpixon)
Tenant Improvements. Upon execution hereof The Lessee shall have the right to design and prior select the tenant improvements for the Premises, subject to the Expansion Space Commencement Datereview and approval of the Lessor. All tenant improvements shall be constructed, Landlord 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 include all improvements serving or located within the Premises, including without limitation, framing of demising walls for the Premises, drywalling, taping and painting of 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 the Premises (the "Tenant Improvements"). The Lessee shall, at Landlord's its sole cost and expense, perform cause the space plan for the Premises showing the design, layout and location of the Tenant Improvements (the "Space Plan") to be prepared, prosecuted and delivered on the following work in the Expansion Space, using Building standard materialsschedule:
(1a) shampoo Concurrently with the existing carpet;execution of this Lease, the Lessee shall deliver its final Space Plan to the Lessor.
(2b) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
Within five (5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on days following the inside Lessor's receipt of the existing drapery as shown on EXHIBIT "B" attached hereto;
final Space Plan, the 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 (9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Contractor") for a fixed lump sum bid. Upon receipt of the bid for the construction of the Tenant Improvements." Items , 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 (6)5) days of its receipt of the bid, either (7), and i) accept the working drawings or (8) above shall not be required ii) request the Architect to be completed in order make changes to constitute "substantial completion" the working drawings to reduce the cost of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy Failure by Lessee to respond within five (5) days of its receipt of the Expansion Spacebid shall constitute Lessee's approval and acceptance of the working drawings.
(c) If changes are made by the Lessee, but the Lessee shall deliver revised working drawings to the 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 Improvements per the original working drawings, if the same are accepted by the Lessee, or any revised working drawings exceeds the Tenant Improvement Allowance, not later than fifteen (15) days prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to date scheduled by the Expansion Space during Tenant's Early Occupancy Lessor for the purposes commencement of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion construction of the Tenant Improvements, Landlord the Lessee shall use commercially reasonable efforts deposit into a Tenant Improvement escrow account cash equal to minimize interference with Tenant's use and enjoyment the entire difference between the estimated cost of the Expansion SpaceTenant Improvements and the Tenant Improvement Allowance. Except as specifically provided below, the Lessee shall have no further right to modify or amend the working drawings. No changes shall be made in the mutually-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 use commercially reasonable efforts be delivered in writing to minimize interference 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 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 time period shall be deemed a rejection of the proposed change reflected in the change order. 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 be made at the sole cost of the Lessee. The cost of complying with Landlord's governmental requirements that relate to the Tenant Improvements 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, any delays caused by the Lessee or its agents which delay or postpone the substantial completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless Improvements shall constitute a delay caused by the gross negligence Lessee under Section 18.6 and shall result in the imposition of Landlord or Landlord's contractor(sa Tenant Delay Penalty as defined in Section 18.6(b).
Appears in 1 contract
Sources: Lease (Somera Communications Inc)
Tenant Improvements. Upon execution hereof and prior (a) Prior to the Expansion Space Commencement Date, Landlord shall, at Landlord's cost and expense, perform the following work in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide making any initial improvements to any portion of the partition between Suite 1200B Demised Premises ("Tenant Improvements"), Tenant shall give Landlord notice of its intentions and 1210submit plans and specifications of the proposed Tenant Improvements to Landlord, for approval, which approval shall not be unreasonably withheld or delayed. Landlord acknowledges that the Tenant Improvements may include the following work: . Upgraded cafeteria. . Relocation of demonstration room and training room. . Exercise room with shower. . Relocation of existing and/or construction of new laboratories. . Enlarge third floor computer room, including additional air conditioning and installation of condenser(s) on roof. . Installation of a new card reader security system, separate from the current Andataco system, including electrical and low voltage wiring. This may include expansion of the current system in a mutually acceptable location, such that Suite 1200B and Suite 1210 the manufacturing area of the first floor of the Demised Premises. Landlord's approval shall be connecteddeemed given if Landlord does not respond to Tenant's request for approval within fifteen (15) days from the receipt of such request. The opening In the event that Landlord withholds approval for the proposed Tenant Improvements, Landlord shall state in writing its reasons in sufficient detail to permit Tenant to modify its plans in order to receive approval.
(b) At the time Landlord grants or is deemed to grant approval of any Tenant Improvements, Landlord shall inform Tenant of any of the Tenant Improvements that would (i) materially diminish the value of the Demised Premises for use by a tenant for the Permitted Uses or (ii) require unusual expenses to readapt the Demand Premises for use by a tenant for the Permitted Uses or (iii) would be painted drywall partition;unique to Tenant's particular business operations (except for the air handlers in Tenant's computer rooms), and must be removed at the end of the Term. If Landlord does inform Tenant of any such removal requirements, then Tenant may either remove or leave such Tenant Improvements as it decides. Tenant's responsibility upon removal of any such Tenant Improvement is to repair any damage caused by the removal and not to restore the Demised Premises.
(c) Tenant Improvements may be done by any contractor chosen by Tenant and approved by Landlord which approval shall not be unreasonably withheld or delayed. Said contractor must be licensed, carry the kinds or insurance and in the amounts set forth in subparagraph (f) below, and must not interfere with Landlord's performance of its obligations under this Lease.
(d) If Tenant retains Landlord to perform any of the work of making Tenant. Improvements for Tenant, Landlord shall obtain bids from three (3) paint independent general contractors. If Landlord acts as its own general contractor, it shall obtain three (3) bids from three (3) independent subcontractors for each discipline (mechanical, electrical, etc.). Landlord shall make its recommendation as to each bidder, however, Tenant shall have the walls right to choose the successful bidder in either event. If Landlord acts as shown its own general contractor, Landlord shall not receive more than ten percent (10%) overhead and profit based on EXHIBIT "B" attached hereto;the total cost of construction.
(4e) provide Tenant in making any Tenant Improvements shall cause all work to be done in a good and install vinyl composition tile workmanlike manner using materials equal to or better than those used in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside construction of the existing drapery Demised Premises and shall comply with or cause compliance with all applicable building codes, health and safety regulations and zoning laws and with any direction given by any public officer pursuant to such codes, regulations and laws. Tenant shall obtain or cause to be obtained and maintain in effect, as shown on EXHIBIT "B" attached hereto;
(9) remove necessary, all existing chrome cover-plates building permits, licenses, temporary and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not permanent certificates of occupancy and any other governmental approvals which may be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 in connection with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" making of the Tenant Improvements. As suchLandlord shall cooperate with Tenant in the obtaining thereof and shall execute any documents reasonably required in the furtherance of such purpose, Landlord may complete provided any such items cooperation shall be without expense and/or liability to Landlord.
(f) Tenant shall have its contractor procure and maintain in effect during Tenant's Early Occupancy the term of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts the following insurance coverages with an insurance company or companies with a Best's rating of A- or better and authorized to minimize interference with Tenantdo business in the Commonwealth of Massachusetts.
(1) Workmen's use Compensation Insurance-Statutory limits for the Commonwealth of Massachusetts.
(2) Employer's Liability insurance meeting the requirements of Massachusetts law.
(3) Comprehensive General Liability - at least $1,000,000.00 Combined Single Limit, including Personal Injury, Contractual and enjoyment of Products/Completed Operations Liability and Property Damage. Coverage must include the Expansion Spacefollowing:
(a) premises - operations (b) elevators and hoists (c) independent contractor (d) contractual liability assumed under this contract (e) completed operations - products (f) explosion, underground and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s).collapse (XCU) coverage
Appears in 1 contract
Tenant Improvements. Upon execution hereof and prior Subject to the Expansion Space Commencement Date, Landlord shall, at LandlordSublessee's cost and expense, perform the following work in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion satisfaction of the partition between Suite 1200B condition set forth in Section 8 B. and 1210this Section 6, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
Sublessor agrees to fund $75,000 (3the "Allowance") paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" cost of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of Notwithstanding the Expansion Space, but prior foregoing or anything contained herein to the Commencement Date. Tenant hereby acknowledges Landlordcontrary, Sublessor's right obligation to enter on fund the Allowance or any portion thereof shall be subject to the Expansion Space during Tenant's Early Occupancy condition precedent that Sublessor receives the Allowance from Master Lessor in accordance with the Master Lease. Provided Sublessor has received such funds from Master Lessor, Sublessor agrees to reimburse Sublessee for the purposes of completing costs incurred by Sublessee to construct the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion (collectively, the "Tenant Improvements") in an amount not to exceed $75,000, provided further that (a) prior to commencing construction of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with TenantSublessee has obtained Sublessor's use and enjoyment Master Lessor's approval of the Expansion SpaceTenant Improvements and the plans and specifications therefor in writing; (b) if requested by Master Lessor, Sublessee has furnished Master Lessor with a lien and Tenant shall use commercially reasonable efforts completion bond in form and amount reasonably satisfactory to minimize interference Sublessor and Master Lessor (provided Sublessor may not withhold its approval if Master Lessor approves); (c) Sublessee has entered into a contract with Landlord's completion a general contractor, approved by the Master Lessor for the construction of the Tenant Improvements. ; (d) Sublessee's architect shall have delivered a written certificate to Sublessor that the Tenant hereby expressly waives any Improvements identified in the Request for Payment have been substantially completed in accordance with the approved plans and specifications; (e) Sublessor has received fully executed unconditional lien waivers as to work which was subject of prior Request for Payments and conditional lien waivers as to current work in the form prescribed by law from Sublessee's contractor, all claims it may have against Landlord arising from future damage subcontractors and suppliers furnishing labor or materials with respect to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements; (f) Sublessee has constructed the Tenant Improvements in accordance with the requirements of the Master Lease and this Sublease, and with all applicable laws, codes, permits, and the Americans with Disabilities Act; (g) Sublessee has furnished its Request for Payment no later than eleven (11) months following the Commencement Date; and (h) Sublessee has complied with the terms of the Master Lease respecting the Tenant hereby expressly agrees not Improvements. All work to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused be performed by the gross negligence of Landlord or Landlord's contractor(s).Sublessee pursuant hereto shall be performed in
Appears in 1 contract
Sources: Sublease (Aerogen Inc)
Tenant Improvements. Upon execution hereof Alterations in the Premises shall be installed and prior 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 Expansion Space Commencement Datecosts 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 Landlord's Tenant’s sole cost and expense, perform 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 following work Premises), provided Landlord has notified Tenant that it will be required to remove such Alterations in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion accordance with Section 5.3 of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connectedOriginal Lease. The opening shall be painted drywall partition;
Within three (3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside business days of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "Tenant’s substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant ImprovementsAlterations, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion conduct a walk-through of the Tenant Improvements. Tenant hereby expressly waives Premises and Building and identify any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord the Building Systems or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless Common Areas caused by the gross negligence Alterations (the “Building Punchlist Items”) and Tenant shall complete, at Tenant’s sole cost and expense, all Building Punchlist Items within thirty (30) days after such walk-through or such longer period of Landlord or Landlord's contractor(s)time as may be reasonably necessary to complete the Building Punchlist Items as long as such work commences within such thirty (30) day period and is diligently prosecuted to completion.
Appears in 1 contract
Sources: Lease (Mindspeed Technologies, Inc)
Tenant Improvements. Upon execution hereof and prior Landlord shall cause the work (the “Tenant Improvements”) described in the Work Letter attached hereto as Exhibit A (the “Work Letter”) to be constructed in the Premises at a cost to Landlord not to exceed Five Hundred Fifty-One Thousand Five Hundred Dollars ($551,500) (the “TI Allowance”).
7.1 The TI Allowance may be applied to the Expansion Space Commencement Datecosts of (a) construction, (b) project management by Landlord shall, at Landlord's cost and expense, perform the following work in the Expansion Space, using Building standard materials:
(1which fee shall equal one point five percent (1.5%) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" cost of the Tenant Improvements. As such, Landlord may complete including the TI Allowance), (c) commissioning of mechanical, electrical and plumbing systems by a licensed, qualified commissioning agent hired by Landlord, and review of such items during party’s commissioning report by a licensed, qualified commissioning agent hired by Tenant's Early Occupancy , (d) space planning, architect, engineering and other related services performed by third parties unaffiliated with Tenant, (e) building permits and other taxes, fees, charges and levies by Governmental Authorities for permits or for inspections of the Expansion SpaceTenant Improvements, but prior and (f) costs and expenses for labor, material, equipment and fixtures. In no event shall the TI Allowance be used for (w) payments to Tenant or any affiliates of Tenant, (x) the Commencement Datepurchase of any furniture, personal property or other non-building system equipment, (y) costs arising from any default by Tenant of its obligations under the Lease or (z) costs that are recoverable by Tenant from a third party (e.g., insurers, warrantors, or tortfeasors).
7.2 Tenant shall have until the date that is eighteen (18) months after the First Amendment Execution Date (such date, the “TI Deadline”), to expend the unused portion of the TI Allowance, after which date Landlord’s obligation to fund any such costs shall expire. In no event shall any unused TI Allowance entitle Tenant hereby to a credit against Rent payable under the Lease.
7.3 Tenant acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing that Landlord shall be constructing the Tenant Improvements in the Premises during Tenant’s occupancy of the Premises for the Permitted Use. Tenant shall permit Landlord to enter the Premises at all times (including during business hours) to construct the Tenant Improvements, and for such other purposes deemed necessary by LandlordTenant shall otherwise reasonably cooperate with Landlord throughout the construction process to enable Landlord to complete the Tenant Improvements in a timely and efficient manner. During Landlord's completion of In constructing the Tenant Improvements, Landlord shall use commercially reasonable efforts reasonably cooperate with Tenant so as to minimize cause as little interference with Tenant's use and enjoyment of the Expansion Spaceto Tenant as is reasonably possible; provided, and Tenant however, that in no event shall use commercially reasonable efforts to minimize interference with Landlord's completion ’s construction of the Tenant Improvements. Improvements in the Premises (a) cause Rent to ▇▇▇▇▇ under the Lease, (b) give rise to any claim by Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to for damages or (c) constitute a forcible or unlawful entry, a detainer or an eviction of Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s).
Appears in 1 contract
Tenant Improvements. Upon execution hereof and prior (a) Lessor shall provide Lessee with a "Tenant Improvement Allowance" in the amount of Twenty Thousand Dollars ($20,000.00) to be applied to the Expansion Space Commencement Date, Landlord shall, at Landlord's cost planning and expense, perform the following work in the Expansion Space, using Building standard materials:
completion of leasehold improvements requested by Lessee (1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6"), for the fitting out of the Premises. In the event that the cost of the Tenant Improvements contracted for the Premises by Lessee totals less than $20,000.00, Lessor is not obligated to pay the balance to Lessee. All Tenant Improvements that qualify for reimbursement under this paragraph are to be completed within the first one hundred and twenty (7120) days of occupancy. Lessee shall pay the excess cost of any Tenant Improvements over the amount of the Tenant Improvement Allowance. Initials: /s/ [ILLEGIBLE] ----------------
(b) In addition to any other improvements to be constructed within the Premises pursuant to this Paragraph 53, Lessor shall provide Lessee with a "Recarpeting, Painting and Tiling Allowance" sufficient to make the following improvements to the Premises:
(i) Recarpeting the Premises with building standard carpet and base,
(ii) Painting of the interior office areas, and
(iii) Replacing damaged or worn vinyl flooring (collectively, the "Recarpeting, Painting and Tiling Improvements"). All Recarpeting, Painting and Tiling Improvements that qualify for reimbursement under this paragraph are to be completed within the first one hundred and twenty (120) days of occupancy.
(c) On or before the seventh (7th) calendar day of every month, Lessee shall provide Lessor with copies of actual invoices for work performed and materials furnished to the Premises in connection with the construction of the Tenant Improvements and the Recarpeting, Painting and the Tiling Improvements ("Payment Requests"). Each Payment Request shall be accompanied by a certification signed by Lessee's contractor that the work reflected in such Payment Request was performed in accordance with the plans and specifications for the Tenant Improvements and the Recarpeting, Painting and Tiling Improvements as approved by Lessor. In addition, each Payment Request shall be accompanied by conditional lien release waivers from all contractors, subcontractors and materialmen to be paid through such Payment Request, in form and content reasonably acceptable to Lessor. If Lessee submits a Payment Request together with the required documentation on or before the seventh (7th) of the month, Lessor shall cause to be disbursed to Lessee's contractor an amount equal such approved Payment Request on or before the last calendar day of said month. If a Payment Request is submitted after the seventh (7th) of the month, such payment will be made within thirty (30) days of Lessor's receipt and approval of such Payment Request, Lessor's approval to be made within five (5) working days of receipt.
(d) Lessee will not make any alterations to the interior of the Premises without Lessor's prior written consent which will not be unreasonably withheld. If Lessor gives its consent, such alterations will not proceed without Lessor's prior reasonable written approval of (i) Lessee's contractor, (ii) certificates of insurance by Lessee's contractor for public liability and automobile liability and property damage insurance with limits not less than $1,000,000/$250,000/$500,000 respectively, endorsed to show Lessor as an additional insured and for worker's compensation as required, and (8) above iii) detailed plans and specifications for such work. Lessee will guarantee that any mechanic's lien placed against the Premises in connection with Lessee's work will be removed by Lessee within thirty (30) days of the recordation thereof or, alternatively, Lessee shall, within said thirty (30) days, deliver to Lessor a bond in a form reasonably satisfactory to Lessor protecting Lessor against said lien (provided Lessee shall have no obligation to remove such mechanic's lien if such lien arises as a result of Lessor's failure to reimburse Lessee for sums owing to Lessee hereunder in connection with the Tenant Improvements or the Recarpeting, Painting and Tiling Improvements). In addition, before alterations may begin, valid building permits or other permits or licenses required must be furnished to Lessor, and, once the alterations begin, Lessee will diligently and continuously pursue their completion. At Lessor's option, any alterations may become part of the Premises and belong to Lessor. Upon termination of this Lease, it shall be Lessor's option to have the Premises returned to its original condition, including but not be required limited to, removal of any alterations made by Lessee, at Lessee's sole expense, provided that Lessee shall have no obligation to be completed remove or relocate any interior walls which have been constructed, removed or relocated in order to constitute "substantial completion" connection with the construction of the Tenant Improvements. As suchLessor may also require Lessee to provide Lessor, Landlord may complete at Lessee's sole cost and expense, a payment and performance bond in form acceptable to Lessor, in a principal amount not less than one and one-half times the estimated cost of such items during Tenantalterations, to insure Lessor against any liability for mechanic's Early Occupancy and materialmen's liens and to insure completion of work.
(e) Notwithstanding anything in ▇▇▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ may, without consent of Lessor, install non-structural Utility Installations, trade fixtures, equipment, and machinery in conformance with the ordinances of the Expansion Spaceapplicable city and county, but prior and they may be removed upon termination of this Lease provided the Premises are not damaged by their removal.
(f) Notwithstanding anything contained to the Commencement Date. Tenant hereby contrary herein or in the Lease, Lessor acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing that the Tenant Improvements may consist of, among other things, the expansion of office space within the Premises, the demolition of interior non-load bearing walls and the relocation of certain of such walls within the Premises, and the addition of various electrical drops within the Premises which are Initials: /s/ [ILLEGIBLE] ---------------- necessary for Lessor's uses. Lessor hereby approves of such alterations to the Premises, subject to Lessee's delivery of plans and specifications as required by the Lease and Lessee's compliance with other purposes deemed necessary by Landlord. During Landlord's completion applicable provisions of the Tenant ImprovementsLease related to the construction thereof.
(g) Lessee will keep the Premises and the Building free from any liens arising out of work performed for, Landlord shall use commercially reasonable efforts materials furnished to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property or obligations incurred by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)Lessee.
Appears in 1 contract
Tenant Improvements. Upon execution hereof (a) Landlord shall provide to Tenant an allowance of up to $25.00 per rentable square foot of the Premises (i.e., up to $191,875.00, based on the Premises consisting of approximately 7,675 rentable square feet, hereinafter referred to as the “Allowance”) to be used by Tenant to design and prior complete interior improvements to refurbish the Premises (the “Tenant Improvements”) in accordance with and subject to the Expansion Space Commencement Dateterms and conditions of Section 8 of the Lease with respect to Alterations, Landlord shallincluding, at without limitation, the requirement that Tenant obtain Landlord's cost and expense’s prior written approval for the Tenant Improvements; provided, perform the following work in the Expansion Spacehowever, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide Tenant need not obtain Landlord’s approval for any portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint Tenant Improvements which satisfies the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile conditions set forth in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside last sentence of Section 8.1 of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen areaLease. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of reimburse the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during Allowance after the completion of the Tenant Improvements and within thirty (30) days after Landlord’s receipt of (i) paid invoices from all of the contractors and/or subcontractors (“Tenant Contractors”) for labor rendered and materials delivered to the Premises, (ii) executed unconditional mechanic’s lien releases from all of the Tenant Contractors to whom payment is included in the Allowance, and (iii) all other information reasonably requested by Landlord.
(b) The Allowance is applicable only to the Tenant Improvements, and shall not be used for any other purpose, such as, but not limited to, the purchase or installation of furniture, trade fixtures, or personal property. If all or any portion of the Allowance shall not be used by December 31, 2022 (“Outside Date”), Landlord shall be entitled to the savings and Tenant hereby expressly agrees shall receive no credit therefor. Notwithstanding anything in this Amendment to the contrary, Landlord shall not be obligated to assert disburse any portion of the Allowance during the continuance of an uncured default under the Amended Lease.
(c) Notwithstanding the foregoing, Tenant shall have the right to apply an unused portion of the Allowance in the amount of up to $16.00 per rentable square foot of the Premises (i.e., up to $122,800.00, based on the Premises consisting of approximately 7,675 rentable square feet) as a credit against Base Rent next coming due under the Amended Lease, provided that Tenant submits to Landlord written notice of such claims election and designates a credit against Base Rent to bear be applied prior to the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)Outside Date.
Appears in 1 contract
Tenant Improvements. Upon execution hereof The amounts in the Escrow Account allocated for tenant improvements and prior 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 Expansion Space Commencement DateApproved Lease for which disbursement is sought. The tenant improvement allowances shall be used for the hard and soft costs of constructing tenant improvements and related coats, Landlord shallincluding without limitation design fees, at Landlordcost 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 cost and expense, perform the following work in the Expansion Space, using Building standard materials:
or finder's fees. Interim disbursements for tenant Improvements will be made not more often than one (1) shampoo time per month. Notwithstanding anything to the existing carpet;
(2) remove a four (4) foot wide portion contrary set forth herein, if the Tenant under an Approved Lease is doing all or any part of the partition between Suite 1200B leasehold improvements in its respective premises and 1210the 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 a mutually acceptable locationaccordance with the terms of the Approved Lease and to the extent Seller has paid such tenant improvement allowance, such that Suite 1200B and Suite 1210 amount shall be connectedpayable to Seller provided that Seller provides Buyer and Escrow Holder with reasonable evidence of Seller's payment of such tenant improvement allowance. The opening Each request for disbursement shall be painted drywall partition;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 be paid by such disbursement. Such Application and Certification shall be in the 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) paint 3.2.1.3 As a condition to disbursement of any interim amounts for tenant improvements, the walls 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 shall be the balance of the amount held back for the respective tenant space as shown set forth on EXHIBIT Exhibits "B" attached and "B-1" hereto;
, subject to Seller delivering to Buyer an estoppel certificate from the Tenant confirming that all Landlord work required by the Approved Lease has been completed and a final, unconditional certificate of occupancy (4or its equivalent, such as a "final" Inspection Record issued by the City of Lakewood) provide and install vinyl composition tile in for each space that is the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside subject of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove disbursement and final lien waivers signed by the general contractor and all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that subcontractors performing work or providing materials for improvements for such patched areas tenant improvements. Seller shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy responsible for the purposes of completing the Tenant Improvements and any tenant improvement costs for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors Approved Leases executed during the completion Subsequent Leasing Period in excess of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)amounts deposited hereunder.
Appears in 1 contract
Sources: Agreement for Purchase and Sale of Real Property (Inland Western Retail Real Estate Trust Inc)
Tenant Improvements. Upon execution hereof Tenant acknowledges and agrees that as an inducement for Landlord allowing Tenant to access and begin work in the First Amendment Early Access Portion of the Premises prior to the Expansion Space Commencement Datedate that Landlord would otherwise be obligated pursuant to Paragraph 1(c) of the Original Lease, Landlord shall, at Landlord's cost and expense, perform the following work shall now be included within the scope of the Tenant Improvements (such additional work shall hereinafter be referred to collectively as, "Additional Tenant Improvements") and Tenant shall be obligated to complete the same (in accordance with the Expansion Spaceterms and conditions contained in Exhibit B attached to the Original Lease) at Tenant's sole cost and expense (subject to use of funds from the Tenant Improvement Allowance, using Building standard materials:as applicable):
(1a) shampoo Paint the existing carpet;
(2) remove a four (4) foot wide portion interior of the partition between Suite 1200B all concrete walls and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the all gypsum board walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install with two (2) telephone conduit lines coats of white latex paint. Such work shall include painting the full panel area up to the roof of the Building but may exclude portions of the concrete walls which will be covered by Tenant Improvements;
(b) Paint interior and exterior of the electrical room of the Premises with two (2) electrical outlets as shown on EXHIBIT "B" attached heretocoats of white latex paint;
(6c) dry clean Paint the interior side of all existing draperyhollow metal man doors and frames with two (2) coats of white latex paint;
(7d) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
Paint all interior steel columns (8) provide and install black-out lining including brace frame) (white materiali) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
up to ten (10) patch the nail holes feet above finished floor level utilizing OSHA yellow and (ii) ten (10) feet above finished floor level to bottom of truss utilizing white paint (in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcoveringeach case no less than one coat primer and two coats finish);
(11e) commercially clean Seal all existing vinyl wallcovering; and
(12) patch areas of the passageway between Suite 1200B and Suite 1210 Building slab that will not be receiving alternate floor finishes in conjunction with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items
(6), f) Scrub Building slab and seal with two (7), 2) coats Shur-Seal (or equivalent as may be approved by Landlord) per product recommendations;
(g) Tenant shall ensure that the floor slab surface is mechanically and chemically scrubbed to remove all traces of the chemical bond breaker and curing compound and the floor is tested in accordance with applicable ASTM Standard prior to any floor finish installation (8) above shall not be required in connection with related floor finish to be completed in order to constitute "substantial completion" of installed with the Tenant Improvements). As suchASTM Standards F710, F1869 and F2170 require the Building to be at occupied temperature and humidity when the floor is tested for relative humidity or moisture vapor emission rates. Tenant and Tenant’s contractors must coordinate with Landlord may complete such items during Tenant's Early Occupancy the installation of floor finishes following the commissioning of the Expansion Space, but prior to the Commencement DateRTU’s and Building acclimation. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s).1201967v5 3
Appears in 1 contract
Tenant Improvements. Upon execution hereof and prior to Notwithstanding the Expansion Space Commencement Dateforegoing, Landlord shall, at Landlord's cost and expense, perform the following work in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date, Lessor, at its sole cost and expense, shall perform the following improvements (“Tenant Improvements”): (i) if the Premises are located in Building 6, then Lessor shall construct such demising walls, if any, as may be necessary to separately demise the Premises or each portion thereof located on a different floor of Building 6; or (ii) if the Premises are located in a Project Building other than Building 6, then Lessor shall construct such demising walls, if any, as may be necessary to separately demise the Premises or each portion thereof located on a different floor of such Project Building and Lessor shall perform such improvements in the Premises as Lessor may deem necessary or desirable, in Lessor’s sole discretion, to cause the Premises to constitute Open Floor Office Space (defined below). As used herein, “Open Floor Office Space” shall mean space suitable for general office use, with a density not to exceed one occupant per each 250 usable square feet of space, improved with private offices for approximately ten percent (10%) of occupants, one conference room for every twenty (20) occupants, one break room and one coffee room. All Tenant hereby acknowledges Landlord's right Improvements shall be performed using Lessor’s standard methods, and using materials and finishes of a quality equivalent to enter on or better than those in Building 6 as of the date hereof. A general contractor selected by Lessor in its sole discretion shall construct the Tenant Improvements. The Premises shall be deemed “Ready for Occupancy” upon the later to occur of (i) the Expansion Space during Tenant's Early Occupancy for Substantial Completion of the Premises, or (ii) January 1, 2007. For purposes of completing this Lease, “Substantial Completion” of the Premises shall occur upon the completion of construction of the Tenant Improvements in the Premises in accordance with this Section 2.05., with the exception of any punch list items and for such other any fixtures, telephones and computers and any cabling related thereto, photocopy machines, work-stations, built-in furniture, or equipment to be installed by Lessee. For purposes of this Lease, the Tenant Improvements shall be deemed necessary to include any furniture, fixtures or equipment, if any, identified in the Designation Notice and provided by LandlordLessor as part of the Premises, all of which shall be delivered by Lessor to Lessee in their respective, then existing condition, “as is, where is, with all faults” without any representation or warranty as to the condition thereof whatsoever. During Landlord's completion of Lessee shall not have, or at any time acquire, any right, title or interest in the Tenant Improvements, Landlord shall except the right to possession and use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors Improvements during the completion of Lease Term. Lessee shall maintain the Tenant Improvements in good working order and condition during the Lease Term, at Lessee’s sole expense, ordinary wear and tear excepted. Lessee shall not modify or alter the Tenant Improvements, or remove the Tenant Improvements, without the prior written consent of Lessor and, upon the expiration or earlier termination of this Lease, Lessee shall deliver the Tenant Improvements to Lessor in the same condition in which they were received from Lessor on the Commencement Date, reasonable wear and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)tear excepted.
Appears in 1 contract
Tenant Improvements. Upon execution hereof Landlord shall deliver the Expansion Space to Tenant in its as-is condition and prior Landlord shall have no obligation to make any improvements thereto. Tenant shall, at its sole cost and expense (but subject to the following terms of this Section 7), construct improvements to the Expansion Space Commencement Date, pursuant to plans and specifications reasonably acceptable to Landlord shall, at Landlord's cost (the “Expansion Space Improvements”). Landlord hereby acknowledges that (i) the general plans and expense, perform specifications attached hereto as Exhibit A depict Tenant’s tentative plans for the following work in Expansion Space Improvements (along with additional construction items with respect to portions of the Building outside the Expansion Space) (collectively, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7“Tentative Plans”), and (8) above ii) such Tentative Plans remain subject to change by Tenant. Landlord agrees that it has no objection to the Tentative Plans in concept provided that Tenant shall not be required to be completed in order to constitute "substantial completion" obtain Landlord’s written approval of the more detailed plans and specifications for the Expansion Space Improvements prior to commencement of construction thereof. The Expansion Space Improvements shall be constructed as Alterations in accordance with the terms and conditions of Article 8 of the Original Lease. Tenant Improvementsshall be entitled to a one-time allowance (the “Allowance”) equal to $180,000.00 for the payment of costs relating to the design and construction of those portions of the Expansion Space Improvements constituting permanently affixed alterations and improvements to the Expansion Space. As suchIn no event shall any of the Allowance be used for (i) Tenant’s furniture, Landlord may complete such fixtures, equipment or other items during Tenant's Early Occupancy of personal property or (ii) improvements outside of the Expansion Space, but prior to notwithstanding that the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment Tentative Plans include improvements outside of the Expansion Space. The Allowance will be disbursed to Tenant following Landlord’s receipt of (i) evidence (i.e., invoices or other documentation reasonably satisfactory to Landlord) of payment for the Expansion Space Improvements, (ii) fully executed, unconditional lien releases from all contractors, subcontractors, laborers, materialmen, and suppliers used by Tenant in connection with the Expansion Space Improvements, (iii) a certification from Tenant and its architect and contractor that the Expansion Space Improvements have been completed in a good and workmanlike manner in accordance with the approved plans and specifications and in accordance with applicable laws, codes and ordinances and (iv) such other items as Landlord may reasonably request. In no event shall Landlord be obligated to disburse any portion of the Allowance subsequent to December 31, 2011, or during any time that Tenant is in default under the Lease or a circumstance exists that, with the giving of notice, the passage of time, or both, would constitute a default under the Lease, In the event Tenant does not utilize the entire Allowance by December 31, 2011, then the unutilized amount shall accrue to the sole benefit of Landlord, and Tenant shall use commercially reasonable efforts not be entitled to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord credit or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)abatement in connection therewith.
Appears in 1 contract
Sources: Lease (Genomatica Inc)
Tenant Improvements. Upon execution hereof Lessor agrees to provide Lessee with a tenant improvement allowance (the "Allowance") of $7.00 per rentable square foot to be applied to the cost of constructing tenant improvements (the "Tenant Improvements") during the first year of the renewal term of this Lease. Any unused portion of the Allowance may be applied as a credit toward Tenant's rent. All costs of the Tenant Improvements that exceed the Allowance shall be the responsibility of Lessee and shall be paid directly to Lessor within thirty (30) days after completion of such Tenant Improvements. Any such amounts payable by Lessee which are not paid within thirty (30) days after the due date will have interest added to the unpaid principal balance at the rate of one and one-half percent (1 1/2%) per month until payment, including any added interest, is received in full by Lessor. Any such Tenant Improvements shall be constructed by contractors and subcontractors approved in writing by Lessor and in accordance with plans and specifications to be provided by Lessee and to be approved in writing by Lessor prior to commencement of construction of such Tenant Improvements. Notwithstanding the Expansion Space Commencement Dateforegoing, Landlord only one-half (1/2) of the cost of constructing a new demising wall (exclusive of wall finishes) on the seventh (7th) floor of the Building (the "New Demising Wall"), as a part of the Tenant Improvements and in connection with the reduction in the number of rentable square feet of the leased premises as described in Paragraph 3 hereinabove, shall be paid from the Allowance. The other one-half of the cost of constructing the New Demising Wall (exclusive of wall finishes) shall be paid by Lessor. The cost of wall finishes on the New Demising Wall shall be borne solely by Lessee. Lessor shall, at LandlordLessor's sole cost and expense, perform remodel the following work in restrooms located on the Expansion Space, using Building standard materials:
eighth (18th) shampoo the existing carpet;
(2) remove a four (4) foot wide portion floor of the partition between Suite 1200B and 1210, Building in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connectedmanner consistent with the remodeling of the other restrooms located within the common areas of the Building (the "Lessor Improvements"). The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas Lessor Improvements shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein included as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion a part of the Tenant Improvements, and Tenant hereby expressly agrees not no portion of the Allowance shall be applied to assert any the cost of constructing the Lessor Improvements. The Lessor at its sole expense shall replace the existing sign in front of the Building that identifies the Lessee as a tenant of the Building with new identification of similar size containing the name of Lessee and its business logo. Lessee shall provide Lessor with all necessary artwork and shall have the right to approve the final drawings for such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)sign.
Appears in 1 contract
Sources: Lease Agreement (Restaurant Co)
Tenant Improvements. Upon execution hereof 2.5. 1Upon receipt of possession of the Premises and prior to the Expansion Space Commencement Dateselection of the general contractor for the Tenant Improvements, Landlord shalleach in accordance with Paragraph 2.3 hereof, the Tenant shall prepare the Premises for Tenant’s occupancy and complete the Tenant Improvements (including low voltage cabling) in accordance with the Plans and Specifications and at Landlord's the Tenant’s sole cost and expenseexpense (all such costs and expenses, perform the following work in the Expansion Spaceincluding all hard and soft costs such as and without limitation, using Building standard all labor and materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B , architectural, engineering, permitting, project management, and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items space planning fees are hereinafter collectively referred to herein as the "“Tenant Improvements." Items Improvement Costs”, provided that Tenant Improvement Costs shall not include Access Costs or Deck Costs). Tenant shall make no changes to the Plans and Specifications or the work reflected in the Plans and Specifications without the consent of the Landlord. Tenant’s completion of the Tenant Improvements shall be performed by ▇▇▇▇▇▇’s contractors, who shall (6), a) be selected by ▇▇▇▇▇▇ and approved by Landlord (7such approval not to be unreasonably withheld), and (8) above b ) work under the direction of Tenant or ▇▇▇▇▇▇’s qualified representative. Landlord shall not be required have the right to be completed in order to constitute "substantial completion" have its representative at the Premises at all times during the construction of the Tenant ImprovementsImprovements to review and monitor the performance of same. As suchThe Tenant Improvements shall be performed by contractors employed by Tenant under one or more construction contracts, in form and content approved in advance in writing by Landlord (which approval shall be subject to Landlord’s discretion and may complete such items during Tenant's Early Occupancy include a requirement that the prime contractor and the respective subcontractors of any tier: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the Expansion Space, but prior AFL-CIO and (b) employ only members of such organization to the Commencement Dateperform work within their respective jurisdictions). Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes Such contractors also shall comply with all requirements in Paragraph 4.5 of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)this Lease.
Appears in 1 contract
Tenant Improvements. Upon execution hereof Landlord will construct all Tenant Improvements agreed upon by Landlord and prior Tenant for Tenant’s initial occupancy, and Landlord will not unreasonably withhold its consent to Tenant-requested Tenant Improvements suitable for Tenant’s use of the Expansion Space Commencement DateBuilding for its corporate headquarters. Landlord shall bear up to Twenty-Five Dollars ($25.00) per rentable square foot of the cost of Tenant Improvements, which totals One Million Two Hundred Seventeen Thousand Three Hundred Twenty-five Dollars ($1,217,325.00) based upon the area of the Premises set forth in Section 6.3 of the Summary. Tenant shall bear all costs of Tenant Improvements in excess of that amount. Landlord shallis obligated to construct the shell of the Building, at Landlord's cost and expense, perform which includes the following work which are not considered Tenant Improvements:
a. The Structure of the Building shall be complete and water tight, including roofing, architectural sheet metal and complete finished exterior walls.
b. Exterior walls shall have R-19 insulation in the Expansion Spacewall.
c. All site work for the Building shall be complete, using including hardscape, landscape, paving, utilities and site lighting.
d. Each floor of the Building standard materials:
(1) shampoo the existing carpet;
shall have two (2) remove core restrooms, one men’s and one women’s, complete and finished, including all plumbing fixtures, toilet partitions, toilet accessories, ceramic tile floors, ceramic tile wainscot on wet walls to a height of four (4) foot wide portion of feet, toilet exhaust system, sprinkler drops at the partition between Suite 1200B drywall ceiling and 1210, in a mutually acceptable location, such that Suite 1200B associated lighting and Suite 1210 shall be connected. The opening shall be painted drywall partition;power receptacles.
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two e. Two (2) telephone conduit lines hydraulic elevators serving all floors, complete with rated shafts, separate equipment room, sumps, ladders, grates and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace elevators with Building factory standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen areafinishes. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior elevator access to the Commencement DatePremises shall be restricted and only available via keycard or other locking device. Tenant hereby acknowledges Landlord's right The cost to enter on to restrict elevator access shall be at the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements ’s sole cost and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)expense.
f. Two
Appears in 1 contract
Sources: Office Lease (Trinet Group Inc)
Tenant Improvements. Upon execution hereof Sublessor and prior Sublessee hereby approve the preliminary plans attached hereto as Exhibit E for certain Alterations to be installed at the Expansion Space Commencement Date, Landlord shall, Sublease Premises by Sublessor at Landlord's Sublessor’s sole cost and expense, perform expense (the following work in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B “Tenant Improvements”). Sublessee and 1210Sublessor shall agree, in a mutually acceptable locationgood faith, such that Suite 1200B upon final plans and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint specifications for the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
Tenant Improvements or give detailed reasons for disapproval within five (5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside business days of receipt of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates final plans and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of specifications for the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy Sublessor shall provide Sublessee with final plans and specifications for the purposes of completing the Tenant Improvements not later than May 31, 2002 (the “Final Plans”). Neither Sublessor nor Sublessee shall unreasonably withhold its approval if such final plans and for such other purposes deemed necessary by specifications are natural derivations of Exhibit E. Notwithstanding anything to the contrary contained in this Sublease, Sublessor and Sublessee acknowledge that the Tenant Improvements are subject to the prior written approval of Landlord pursuant to Section 7.3 of the Master Lease, and that Landlord. During Landlord's completion ’s approval of the Tenant ImprovementsImprovements shall be a condition precedent to the effectiveness of this Sublease, Landlord as more particularly set forth in Section 21.14 below. The Tenant Improvements shall use commercially reasonable efforts to minimize interference comply with Tenant's use the terms and enjoyment conditions of Section 7.3 of the Expansion SpaceMaster Lease, and including, but not limited to, Sublessor’s obligation to remove such Tenant Improvements if required by Landlord in accordance therewith at the time that Landlord consents to the Tenant Improvements (subject, however, to the provisions of Section 7.2.2 below). Sublessee shall use commercially reasonable efforts not be responsible for payment of the supervision fee required by Section 7.3 of the Master Lease relative to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s).
Appears in 1 contract
Sources: Sublease Agreement (Palm Inc)
Tenant Improvements. Upon execution hereof Tenant 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. 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, and installation of the 2006 Improvements (the "Plans"), as such plans have been reviewed and approved by Landlord and Tenant, such approval not to be unreasonably withheld. Landlord shall substantially complete the 2006 Improvements in accordance with said Plans and in a good and workmanlike 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 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 Space Commencement Date, Landlord shall, at Landlord's cost and expense, perform Allowance or Tenant requests any change to the following work 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 SpaceAllowance, using Building standard materials:
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 (115) shampoo days after Landlord demands same. Notwithstanding the existing carpet;
(2foregoing, any change order(s) remove a 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 Tenant, and Tenant shall be obligated to pay Landlord an additional construction management fee relative to such change order(s) equal to four percent (4%) foot wide portion of any increase in the cost of the partition between Suite 1200B construction and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" installation of the Tenant Improvements. As such, Any savings or unused 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 acknowledges that Landlord may complete such items during Tenant's Early Occupancy be supervising the construction of the Expansion Space, but prior to 2006 Improvements while Tenant occupies the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements 2006 Revised Premises and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord agrees that it shall use commercially reasonable efforts to minimize any interference with Tenant's use and enjoyment of Tenants business operations within the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any 2006 Revised Premises while constructing such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)improvements.
Appears in 1 contract
Sources: Lease (Cross Country Healthcare Inc)
Tenant Improvements. Upon execution hereof and prior The 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, at Landlord's cost and expense, perform shall have no obligation to make any repairs or improvements whatsoever to the following work in Fifth Expansion Space (or the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide or any portion of the partition between Suite 1200B and 1210Existing Premises), in a mutually acceptable location, such except that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
Landlord shall: (3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4i) provide all electrical, plumbing, HVAC and install vinyl composition tile roof systems within the Fifth Expansion Space in the kitchen area good working condition as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6)Fifth Expansion Space Commencement Date, (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" ii) repaint the interior of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Fifth Expansion Space, and (iii) provide to Tenant shall use commercially reasonable efforts the "Tenant Improvement Allowance" (as described in the ---------------------------- "Tenant Improvement Agreement" attached hereto as Exhibit B), subject to minimize interference with Landlord's completion 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 ImprovementsImprovement Allowance). Except as expressly noted above, Tenant shall be solely responsible for performing all other improvements within the Building and the Fifth Expansion Space that are desired by Tenant or which are necessary to comply with applicable Laws. Tenant hereby expressly waives any further agrees and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during acknowledges that the Fifth Expansion Space Commencement Date shall not be dependent upon the completion of any of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord foregoing repairs or improvements (including those which are Landlord's contractor(s).responsibility
Appears in 1 contract
Sources: Lease (Pericom Semiconductor Corp)
Tenant Improvements. Upon execution hereof and prior Landlord agrees to construct certain improvements (the Expansion Space Commencement Date, Landlord shall“Tenant Improvements”) in the Suites, at Landlord's ’s sole cost and expense, perform 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 following work condition or configuration of Suite 855, Tenant hereby agreeing to take Suite 855 in the Expansion Space, using its currently existing “AS-IS WHERE-IS” condition.
C. Suite 860: Landlord shall install new Building standard materials:
carpeting in a Building standard color throughout Suite 860 and shall repaint all interior walls in Suite 860 with one (1) shampoo 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. In addition, Landlord shall construct an enclosed kitchen area with a sink, counters and cabinets in Suite 880 where plumbing is already stubbed out for such facilities. The design and finishes of such kitchen shall be Building standard as determined by Landlord. The Tenant Improvements for each Suite shall be deemed to be “Substantially Completed” when Landlord has delivered written notice to Tenant stating that the existing carpet;
Tenant Improvements for a particular Suite have been substantially completed in accordance with the provisions of this Paragraph 6, except for “punch list” items which may be completed without materially impairing Tenant’s use of the particular Suite; In the event that the cost of constructing such Tenant Improvements (2exclusive of the cost of plans, permits and fees, if any) remove a four is less than Forty Seven Thousand Eight Hundred Seventy-Six Dollars (4$47,876.00) foot wide (hereinafter, the “Construction Allowance”), Landlord shall make any unused portion of the partition between Suite 1200B and 1210Construction Allowance, up to the total amount of Eight Hundred Dollars ($800.00), available to Tenant for use in a mutually acceptable locationconstructing future permanent improvements to the Premises (the “Future Improvements”), such provided that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint Tenant notifies Landlord in writing of its intent to use the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside unused portion of the existing drapery as shown Construction Allowance (not to exceed the sum of $800.00) for Future Improvements on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates or before January 31, 2004, which notice shall specify the nature of the Future Improvements Tenant intends to construct; and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (further provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk construction of any and all such damage and any and all related lossesFuture Improvements is completed on or before March 1, unless caused by the gross negligence of Landlord or Landlord's contractor(s)2004.
Appears in 1 contract
Sources: Office Lease (Tercica Inc)
Tenant Improvements. Upon execution hereof and prior Landlord shall cause The ▇▇▇▇▇▇ Group as general contractor to complete the Expansion Space Commencement Date, Landlord shall, at Landlord's cost and expense, perform the following work in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 accordance with the existing carpet removed from plans or the kitchen area. The above items are collectively referred to herein as description of improvements and the "Tenant Improvements." Items (6), (7), and (8) above shall not be required specifications to be completed in order prepared by WCL Associates, Inc. Prior to constitute "substantial completion" of the January 1, 2001, Tenant Improvementswill submit complete and final space plans and specifications prepared by WCL Associates, Inc., to Landlord for review and approval. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall will use commercially all reasonable efforts to minimize interference with Tenant's cause all necessary construction to be substantially completed ready for use and enjoyment of occupancy by Tenant on the Expansion SpaceEffective Date, and Tenant shall use commercially subject to extension for delays due to any cause beyond the reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence control of Landlord or Landlord's contractor(scontractors or suppliers. All construction shall be done in a good and workmanlike manner and shall comply at the time of completion with all applicable laws and requirements of the governmental authorities having jurisdiction. Landlord agrees to complete such construction at Tenant's sole expense equal to the aggregate of all costs, expenses and fees incurred by or on behalf of Landlord in connection therewith (the "Tenant's Cost"), including without limitation (i) architectural, engineering and design costs, (ii) the cost charged to Landlord by Landlord's general contractor and all subcontractors for performing such construction, (iii) the cost to Landlord of performing directly any portion of such construction, and (iv) an administrative and construction management fee for Landlord's supervision of such construction in an amount equal to ___________ percent (____%) of the aggregate costs incurred by or on behalf of Landlord in connection with such construction. Landlord agrees to credit Tenant with an allowance equal to the lesser of the Tenant's Cost or $10.00 per square foot of the Leased Premises (the "Tenant Allowance"),. Tenant agrees to pay to Landlord, within ten (10) days of being billed therefor, the excess (if any) of the Tenant's Cost above the Tenant Allowance. In addition, Landlord agrees to make repairs, replacements and maintenance to the existing mechanical and electrical systems in the Leased Premises not to exceed One Hundred Thousand Dollars ($100,000).
Appears in 1 contract
Tenant Improvements. Upon execution hereof (a) Tenant, at Tenant's sole expense, but subject to receipt of the Tenant Improvement Allowance (defined below), shall be solely responsible for construction of all leasehold improvements in the Premises shown on the Plans and Specifications (defined below) (the "Tenant Improvements"). Tenant shall enter into a contract with a general contractor (the "General Contractor") for all Tenant Improvements. The General Contractor and all subcontractors shall (i) abide by the Landlord's rules and regulations, a copy of which is attached to this Amendment as Exhibit C; (ii) carry insurance covering Landlord as an insured party with such coverages and in such amounts as Landlord may then reasonably require and with carriers reasonably acceptable to Landlord to insure Landlord against liability for injury, death or damage for the Tenant Improvements done by the General Contractor and subcontractors; and (iii) be subject to Landlord's prior written approval, which shall not be unreasonably withheld, conditioned or delayed. Tenant shall indemnify and hold harmless Landlord from and against all liability, cost, expense and damages caused as a result of Tenant's, its General Contractor's or subcontractors' activities in constructing the Tenant Improvements, except that the foregoing indemnity shall not cover any amount arising from the negligence or willful misconduct of Landlord or its agents. In connection with construction of the Tenant Improvements, Tenant shall comply with all provisions of the Lease and this Amendment. All Tenant Improvements shall be performed in accordance with the Plans and Specifications, lien-free, in accordance with all laws and regulations, and in a good and workmanlike manner. In no event will Tenant be liable under this Section 9(a) for any consequential, or punitive damages.
(b) Prior to the Expansion Space Commencement Datecommencement of any Tenant Improvements, Tenant shall deliver to Landlord the preliminary plans and specifications (the "Preliminary Plans and Specifications") showing the Tenant Improvements. Within ten (10) days after receipt of the Preliminary Plans and Specifications, Landlord shallshall deliver notice to Tenant approving or rejecting the Preliminary Plans and Specifications. Should Landlord fail to deliver such notice within such ten (10) day period, at and such failure continues for an additional five (5) days after ▇▇▇▇▇▇’s second written request therefore, the Preliminary Plans and Specifications shall be deemed to be accepted by Landlord. If Landlord rejects the Preliminary Plans and Specifications, Landlord shall deliver with such notice Landlord's requested revisions to the Preliminary Plans and Specifications and an explanation as to what was rejected and the reason. If Landlord rejects the Preliminary Plans and Specifications, within ten (10) days after receipt of such notice from Landlord, Tenant shall deliver to Landlord revised plans and specifications showing the Tenant Improvements and taking into account ▇▇▇▇▇▇▇▇'s proposed revisions. Within ten (10) days after ▇▇▇▇▇▇▇▇'s receipt of such revised plans and specifications, Landlord shall deliver notice to Tenant approving or rejecting such plans and specifications. Should Landlord fail to deliver such notice within such ten (10) day period, and such failure continues for an additional five (5) days after I-1932589.12 Tenant’s second written request therefore, the revised plans and specifications shall be deemed to be accepted by Landlord. This process shall continue until the parties mutually agree on the plans and specifications. The final, mutually agreed upon plans and specifications showing the Tenant Improvements shall be referred to as the "Plans and Specifications". Landlord shall not unreasonably withhold its consent or approval.
(c) Within ten (10) days after Landlord and Tenant agree on the Plans and Specifications, Tenant shall submit the Plans and Specifications to the applicable governmental entity for approval of the Plans and Specifications, and Tenant shall thereafter diligently pursue approval by the applicable governmental entity of the Plans and Specifications. If Tenant does not obtain governmental approval of the Plans and Specifications within forty-five (45) days after Tenant submits the Plans and Specifications to the applicable governmental entity, Landlord may, but is not required to, attempt to obtain the governmental approval of the Plans and Specifications.
(i) Subject to the conditions of this Section 9, Landlord shall pay to Tenant a Tenant Improvement Allowance (the “Tenant Improvement Allowance”) in an amount equal to One Million Three Hundred Forty Eight Thousand Five Hundred Ninety and 00/100 Dollars ($1,348,590.00), to be used by Tenant toward payment of the cost of the Tenant Improvements (the “Tenant’s Cost”) as set forth below. Any cost of the Tenant Improvements over and expenseabove the Tenant Improvement Allowance, perform if any, and the following work cost of any additional Tenant Improvements required by Tenant, if any, shall be paid by Tenant. The Tenant’s Cost shall mean all costs incurred by Tenant in connection with Tenant’s demolition, modification, design, construction and completion of the Expansion SpaceTenant Improvements in accordance with the Plans and Specifications, using Building standard materials:properly payable to bona fide third party unrelated claimants, including, without limitation, architects’ and contractors’ fees, insurance and bond premiums, building permits, fees and licenses, but exclusive of any consulting fees other than to architects and contractors which are not affiliated with Tenant, and exclusive of equipment, trade and business fixtures and other personal property of ▇▇▇▇▇▇.
(ii) Provided that an Event of Default by Tenant does not exist under the Lease beyond any applicable notice and cure periods, then Landlord shall pay to Tenant the Tenant Improvement Allowance within thirty (30) days after the completion of all of the events listed below. Tenant may request that the Tenant Improvement Allowance be paid in installments of not less than Twenty Thousand Dollars ($20,000.00), subject to the terms and conditions of this Section 9(d). However, in no event shall Landlord be required to make more than one (1) shampoo installment payment in any thirty (30) day period.
a. ▇▇▇▇▇▇ delivers to Landlord a certificate from Tenant’s architect or General Contractor stating what part of the existing carpetTenant Improvements have been substantially completed and confirming that the completed part of the Tenant Improvements has been substantially completed in accordance with the Plans and Specifications. Examples of parts that have been substantially completed could include without limitation (i) demolition work, (ii) carpeting or painting a certain area (iii) wiring, (iv) installing dry wall or (iv) plumbing;
(2) remove a four (4) foot wide portion b. ▇▇▇▇▇▇ delivers to Landlord an affidavit from the General Contractor stating that all subcontractors and suppliers have been paid in full with respect to the completed part of the partition between Suite 1200B Tenant Improvements for which ▇▇▇▇▇▇ seeks reimbursement;
c. Tenant delivers to Landlord lien waivers as required by Landlord for the General Contractor and 1210all subcontractors whose contracts are Fifteen Thousand and 00/100 Dollars ($15,000.00) or more with respect to the completed part of the Tenant Improvements for which ▇▇▇▇▇▇ seeks reimbursement; and
d. Tenant delivers to Landlord a certificate from ▇▇▇▇▇▇’s General Contractor stating the estimated cost of the remaining part of the Tenant Improvements that has not been completed and/or for which ▇▇▇▇▇▇ has not yet sought reimbursement from Landlord.
(iii) If Tenant requests that the Tenant Improvement Allowance be paid in installments, then Landlord shall make the installment payments pursuant and subject to the conditions set forth in a mutually acceptable locationSection 9(d)(ii) above, such that Suite 1200B and Suite 1210 but Landlord shall be connected. The opening shall be painted drywall partition;
permitted to hold up to ten percent (310%) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery Tenant Improvement Allowance as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas final installment payment. Landlord shall not be required to match make the surrounding wallcovering);
(11) commercially clean final installment payment of the Tenant Improvement Allowance until all existing vinyl wallcovering; and
(12) patch of the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen areaevents listed below have been satisfied. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order make all payments related to constitute "substantial completion" the cost of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy Improvements after Landlord’s installment payments equal ninety percent (90%) of the Expansion SpaceTenant Improvement Allowance until Landlord is required to make the final installment payment pursuant to this Section 9(d)(iii). In addition, but prior regardless of whether or not Tenant elects to have Landlord pay the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to Improvement Allowance in installments, Tenant shall be responsible for all of Tenant’s Cost in excess of the Expansion Space during Tenant's Early Occupancy for the purposes Tenant Improvement Allowance.
a. Substantial completion of completing the Tenant Improvements and Landlord’s receipt of a certificate from Tenant’s General Contractor stating that the Tenant Improvements have been substantially completed;
b. ▇▇▇▇▇▇ delivers to Landlord an affidavit from the General Contractor stating that all subcontractors and suppliers have been paid in full;
c. Tenant delivers to Landlord lien waivers as required by Landlord for such other purposes deemed necessary the General Contractor and all subcontractors whose contracts are Fifteen Thousand and 00/100 Dollars ($15,000.00) or more; and
d. Tenant delivers to Landlord a Certificate of Occupancy or similar certificate, to the extent being issued by Landlord. During Landlord's completion the City of Chicago, evidencing acceptance of the Premises by the appropriate governmental authorities, if necessary.
(e) Subject to force majeure, paragraph 9(g) below and extension of the Tenant ImprovementsImprovement Allowance Sunset Date (defined below) to resolve good faith disputes, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion any part of the Tenant Improvements. Improvement Allowance for which ▇▇▇▇▇▇ has not requested reimbursement and satisfied the condition for reimbursement on or before December 31, 2024 (the “Tenant hereby expressly waives any Improvement Allowance Sunset Date”) shall be deemed to be forfeited by Tenant and all claims it may Landlord shall have against Landlord arising from future damage no obligation to Tenant's property by Landlord or its contractors during the completion pay such portion of the Tenant ImprovementsImprovement Allowance to Tenant.
(f) Should Landlord fail to timely reimburse Tenant for any part of the Tenant Improvement Allowance within thirty (30) days after Tenant’s compliance with the terms of Section 9(d)(ii) above, and such failure continues for an additional five (5) days after ▇▇▇▇▇▇’s I-1932589.12 second request therefore, then, provided there is not a genuine dispute as to whether ▇▇▇▇▇▇ has fulfilled the requirements of Section 9(d)(ii) above, Tenant hereby expressly agrees not may offset such amount under the Lease against Base Annual Rent and other amounts due under the Lease and reduce its payments accordingly until fully offset.
(g) To the extent any liens have been filed in connection with the work by ▇▇▇▇▇▇, Landlord may withhold from the Tenant Improvement Allowance the amount of the lien and pay such amount to assert any such claims Tenant when the lien is resolved. Subject to the terms and conditions of this Section 9, Landlord will promptly pay to bear Tenant all amounts of the risk Tenant Improvement Allowance except for the amount of any and all such damage and any and all related losses, unless caused by lien with the gross negligence of Landlord withheld amount being paid to Tenant once the lien is resolved whether or Landlord's contractor(s)not the resolution occurs after the Tenant Improvement Allowance Sunset Date provided in paragraph 9(e) above.
Appears in 1 contract
Sources: Lease (Enova International, Inc.)
Tenant Improvements. Upon execution hereof and prior to the Expansion Space Commencement Date, Landlord shall, at Landlord's cost and expense, perform the following work in the Expansion Space, using Building standard materials:
The Tenant may place additions or improvements (1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material“Tenant Improvements”) on the inside Site provided that the Tenant first obtains written permission from the Landlord to do so. No Tenant Improvements to the Site – including, by way of example, and not intended to be all inclusive: Campground model trailers, cabin and cottage style dwellings, bunk houses, Arizona rooms, covered decks, carports, oversized and additional sheds, gazebos, and the like – are to be of a permanent nature and must be capable of removal with a minimum amount of effort. All landscaping improvements whatsoever, including placement of soil, grass, gravel fill, decorative rock, shrubs, trees and the like, shall become the Landlord’s property upon placement of the existing drapery as shown same on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates the Site and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required removed by the Tenant unless directed to match do so by the surrounding wallcovering);
(11) commercially clean Landlord. All Tenant Improvements placed by the Tenant shall be constructed in a workmanlike manner and shall be safe for use, and free of danger, to all existing vinyl wallcovering; and
(12) patch parties visiting the passageway between Suite 1200B Site. Such improvements shall comply with all laws, bylaws and Suite 1210 with the existing carpet removed from the kitchen arearegulations governing them. The above items are collectively referred to herein as the "Tenant Improvements." Items (6)assumes all risk, (7)liability, and (8) above shall not be required to be completed in order to constitute "substantial completion" cost arising directly or indirectly as a result of the Tenant ImprovementsImprovements including underground line locating or damage thereto. As suchWhere the Tenant is in breach of these obligations, Landlord may complete such items during Tenant's Early Occupancy of the Expansion SpaceTenant shall pay, but prior upon demand, to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy Landlord for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused costs incurred by the gross negligence Landlord remedying the Tenant’s breach of Landlord or Landlord's contractor(s)their obligations referred to in this paragraph 14. The Tenant agrees such charge to be reasonable and not a penalty.
Appears in 1 contract
Sources: Lease Agreement
Tenant Improvements. Upon execution hereof Tenant shall be solely responsible for the planning, construction and prior completion of any interior tenant improvements in and to the Expansion Space Commencement Date, Landlord shall, at Landlord's cost and expense, perform Premises (“Tenant Improvements”) in accordance with the following work terms and conditions:
A. The Tenant Improvements shall include only those improvements within the interior portions of the Premises which are depicted or described in the Expansion Space, using Building standard materialsConstruction Documents (hereafter defined in Paragraph I.D.). The Tenant Improvements shall specifically not include any of Tenant’s personal property or trade fixtures.
B. The Tenant Improvements may include:
(1i) shampoo the existing carpetPartitioning, doors, floor coverings, finishes, ceilings, wall coverings and painting, millwork and similar items;
(2ii) remove a four (4) foot wide portion of the partition between Suite 1200B Electrical wiring, lighting fixtures, outlets and 1210switches, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partitionother electrical work;
(3iii) paint Duct work, terminal boxes, defusers and accessories required for the walls as shown on EXHIBIT "B" attached heretocompletion of the HVAC systems serving the Premises, including the cost of meter and key control for after-hour air conditioning;
(4iv) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached heretoAny additional Tenant requirements including, but not limited to odor control, special HVAC, noise or vibration control or other special systems;
(5v) install two (2) telephone conduit lines All fire and two (2) electrical outlets life safety control systems such as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide fire walls, sprinklers, halon, fire alarms, including piping, wiring and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcoveringaccessories; and
(12vi) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6)All plumbing, (7)fixtures, pipes, and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvementsaccessories. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion part of the Tenant Improvements, Tenant will install a transformer, a low distribution board, and a high distribution board (collectively, the “Electrical Equipment”). Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment agrees that the location of the Expansion SpaceElectrical Equipment shall be in Electrical ▇▇▇▇ ▇▇▇ as shown on EXHIBIT G.
C. If required by Landlord, and Tenant shall use commercially reasonable efforts retain an architect approved by Landlord (“Architect”) to minimize interference with Landlord's completion of prepare preliminary working architectural and engineering plans and specifications (“Preliminary Plans and Specifications”) for the Tenant Improvements. Tenant hereby expressly waives any shall deliver the Preliminary Plans and Specifications to Landlord by the date which is thirty (30) days after the date of this Lease. The Preliminary Plans and Specifications shall be in sufficient detail to show locations, types and requirements for all claims it may have against heat loads, people loads, floor loads, power and plumbing, regular and special HVAC needs, telephone communications, telephone and electrical outlets, lighting, lighting fixtures and related power, and electrical and telephone switches. Landlord arising from future damage shall reasonably approve or disapprove the Preliminary Plans and Specifications within ten (10) days after Landlord receives the Preliminary Plans and Specifications and, if disapproved, Landlord shall return the Preliminary Plans and Specifications to Tenant's property , who shall make all necessary revisions within ten (10) days after Tenant’s receipt thereof. This procedure shall be repeated until Landlord approves the Preliminary Plans and Specifications. The approved Preliminary Plans and Specifications, as modified, shall be deemed the “Approved Preliminary Plans and Specifications”.
D. After the Approved Preliminary Plans and Specifications are approved by Landlord, Tenant shall cause the Architect to prepare in twenty (20) days following Landlord’s approval of the Approved Preliminary Plans and Specifications the final working architectural and engineering plans and specifications (“Final Plans and Specifications”) for the Tenant Improvements. Tenant shall then deliver the Final Plans and Specifications to Landlord. Landlord shall reasonably approve or disapprove the Final Plans and Specifications within ten (10) days after Landlord receives the Final Plans and Specifications and, if disapproved, Landlord shall return the Final Plans and Specifications to Tenant who shall make all necessary revisions within ten (10) days after Tenant’s receipt thereof. This procedure shall be repeated until Landlord approves the Final Plans and Specifications. The approved Final Plans and Specifications, as they may be amended later with the consent of the Landlord, shall be deemed the “Construction Documents”.
E. All deliveries of the Preliminary Plans and Specifications, the Approved Preliminary Plans and Specifications, the Final Plans and Specifications, and the Construction Documents shall be delivered by messenger service, by personal hand delivery or by overnight parcel service. While Landlord has the right to approve the Preliminary Plans and Specifications, the Approved Preliminary Plans and Specifications, the Final Plans and Specifications, and the Construction Documents, Landlord’s interest in doing so is to protect the Premises, the Building and Landlord’s interests. Accordingly, Tenant shall not rely upon Landlord’s approvals and Landlord shall not be the guarantor of, nor responsible for, the correctness or accuracy of the Preliminary Plans and Specifications, the Approved Preliminary Plans and Specifications, the Final Plans and Specifications, and the Construction Documents, or the compliance thereof with applicable laws, and Landlord shall incur no liability of any kind by reason of granting such approvals.
F. The Construction Documents shall provide that the Tenant Improvements to be constructed in accordance therewith must be at least equal in quality to Landlord’s “building standard” work for the Building and shall consist of improvements which are generic in nature.
G. Tenant at its sole cost and expense shall obtain all governmental approvals of the Construction Documents to the full extent necessary for the issuance of a building permit for the Tenant Improvements based upon such Construction Documents. Tenant at its sole cost and expense shall also cause to be obtained all other necessary approvals and permits from all governmental agencies having jurisdiction or authority for the construction and installation of the Tenant Improvements in accordance with the approved Construction Documents. Tenant at its sole cost and expense shall undertake all steps necessary to insure that the construction of the Tenant Improvements are accomplished in strict compliance with all statutes, laws, ordinances, rules, and regulations applicable to the construction of the Tenant Improvements and the requirements and standards of any insurance underwriting board, inspection bureau or insurance carrier insuring the Building.
H. Tenant shall be solely responsible for the construction, installation and completion of the Tenant Improvements in accordance with the Construction Documents approved by Landlord and is solely responsible for the payment of all amounts when payable in connection therewith without any cost or its contractors during expense to Landlord except for Landlord’s obligation to contribute the Tenant Improvement Allowance (hereafter defined in Paragraph I.O. below). Tenant shall diligently proceed with the construction, installation and completion of the Tenant Improvements in accordance with the Construction Documents and the completion schedule reasonably approved by Landlord. No material changes shall be made to the Construction Documents and the completion schedule approved by Landlord without Landlord’s prior written consent, which consent shall not be unreasonably withheld. Tenant at its sole cost and expense shall employ a licensed contractor approved by Landlord (“Contractor”) to construct the Tenant Improvements in accordance with the Construction Documents. The construction contracts between Tenant and the Contractor and between the Contractor and subcontractors shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld. Proof that the Contractor is licensed in California, is bonded as required under California law and has the insurance required by Landlord, shall be provided to Landlord at the time that Tenant requests approval of the Contractor from Landlord. Tenant shall comply with or cause the Contractor to comply with all other terms and provisions of this Paragraph I.H. The name of all major subcontractors hired by the Contractor, together with proof that they are licensed in California, are bonded as required under California law, and have insurance typically carried by reputable subcontractors in the State of California, shall be provided to Landlord as each separate subcontractor is hired.
I. Prior to the commencement of the construction and installation of the Tenant Improvements, Tenant shall provide the following to the Landlord, all of which shall be to the Landlord’s reasonable satisfaction:
(i) An estimated budget and cost breakdown for the Tenant hereby expressly agrees not to assert any such claims Improvements;
(ii) Estimated completion schedule for the Tenant Improvements; and
(iii) Copies of all required approvals and to bear permits from governmental agencies having jurisdiction or authority for the risk construction and installation of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)Tenant Improvements.
Appears in 1 contract
Sources: Lease (Brooks Automation Inc)
Tenant Improvements. Upon execution hereof The parties shall comply with the terms and prior conditions and deadlines set forth in the Work Agreement attached hereto as Exhibit B and in the construction manual for the Building, which is incorporated herein by this reference (the “Construction Manual”) with respect to design and construction of Tenant Improvements in the Premises. As used in this Lease, “Tenant Improvements” shall mean all improvements in the Premises in addition to the Expansion Space Commencement Date, Landlord shall, at Landlord's cost and expense, perform the following work Base Building (as defined in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "Exhibit B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), including Building Standard Improvements (7as defined in Exhibit B) and Above Standard Improvements (as defined in Exhibit B), and (8) above shall not be required to be completed specifically including the following: the construction of a training room and the installation of interior doors including three HIPAA-compliant security doors in order to constitute "substantial completion" the Premises. Except for construction of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the (i) Tenant Improvements, and (ii) improvements included as Landlord Work as defined in Section 2.1 of Exhibit B to this Lease, both as depicted in the preliminary Space Plan attached as Exhibit A-1, Landlord shall have no obligations whatsoever to construct any improvements to the Premises and Tenant hereby expressly agrees accepts the Premises “AS IS”, “WHERE IS” and “WITH ANY AND ALL FAULTS”, and Landlord neither makes nor has made any representations or warranties, express or implied, with respect to the quality, suitability or fitness thereof of the Premises, or the condition or repair thereof. Tenant taking possession of the Premises shall be conclusive evidence for all purposes of ▇▇▇▇▇▇'s acceptance of the Premises in good order and satisfactory condition, and in a state and condition satisfactory, acceptable and suitable for Tenant's use pursuant to this Lease, unless Tenant provides notice to Landlord to the contrary. Notwithstanding the foregoing or any other provisions of this Lease to the contrary, if ▇▇▇▇▇▇ discovers any defects in the Premises (collectively, “latent defects”) during the first 90 days following the Delivery Date, Tenant shall have the right, by written notice to Landlord, to require Landlord to correct such latent defects as are set forth in particularity in the Tenant’s notice and which have not to assert been exacerbated by the acts or omissions of Tenant, its agents, contractors or employees. Landlord shall promptly repair any such claims latent defects of which the Tenant has timely notified the Landlord in accordance with this Section 12.1. Landlord shall be solely responsible for the design, permitting and to bear construction of all Tenant Improvements in accordance with the risk of any and all such damage Work Agreement, which total cost (including the Construction Management Fee and any and all related lossesother fees, unless caused costs, or expenses incurred by Landlord in connection with the gross negligence of Landlord or Landlord's contractor(s).Tenant Improvements) shall not exceed the maximum amount set forth in Section
Appears in 1 contract
Sources: Lease Agreement
Tenant Improvements. Upon execution hereof and prior Landlord shall construct and, except as provided below to the Expansion Space Commencement Datecontrary, 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 not be of a lesser quality than Landlord’s standard specifications for tenant improvements for the Building attached hereto as Schedule “2”, 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 sole discretion that the changes are of a nature and quality consistent with the overall objectives of Landlord for the 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 Landlord upon demand by Landlord the increased cost attributable to such change, 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 ’s sole cost and expense, perform expense (subject to inclusion in Operating Expenses to the following work extent permitted in Paragraph 3(c)) make the improvements and/or deliver the Premises and the Building to Tenant in the Expansion Space, using Building standard materials:condition described below in Subparagraphs (a) through (c).
(1a) shampoo Landlord shall deliver the Premises to Tenant with the existing carpet;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 sole obligation, Landlord shall repair (or if it is determined that repair is not possible, then Landlord shall replace) the malfunctioning component of the Operating System; provided, however, Landlord shall have no liability hereunder for repairs or replacements necessitated by the acts or omissions of Tenant or any of its agents, contractors, employees, business invitees or licensees.
(2b) remove a four Landlord shall remodel the existing restrooms on the twelfth (412th) foot wide portion and thirteenth (13th) floors of the partition between Suite 1200B and 1210Building comprising the Premises to current Building standards, in a mutually acceptable location, including the addition of fixtures such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
each women’s restroom has three (3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide toilets and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install each men’s restroom has two (2) telephone conduit lines toilets and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;urinals.
(6c) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on Landlord shall upgrade the inside cosmetic condition of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace showers in the parking structure serving the Building, consistent with Building standard ivory cover-plates;
standards. Subject to Force Majeure Delays (10as described in Section 5 below) patch the nail holes and Tenant Delays (as described in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6Section 4 below), (7), and (8) above Landlord shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may substantially complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to shower upgrade no later than ninety (90) days after the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s).
Appears in 1 contract
Tenant Improvements. Upon execution hereof Landlord shall at its cost:
(a) Recarpet and prior repaint the entire Premises. Colors of carpet and paint to be chosen by Tenant.
(b) Repaint ceiling and grids throughout Premises.
(c) Replace all doors and hardware. Doors are to be oak six panel stain grade doors. Hardware to be lever type. Doors to be stained/painted per Tenant's choice.
(d) Install demising wall in 2000 s.f. space and separate utilities.
(e) Replace all lenses on fluorescent lighting with clear or white lenses.
(f) Ensure that all mechanical and electrical systems are serving the Expansion Space Commencement DatePremises 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, Landlord shallrepair and/or replace, at Landlordwhere necessary, all window blinds/covers.
(i) At Tenant's cost direction, move/remove any walls between existing offices.
(j) Add Entrance way, Door and expense, perform the following work in the Expansion Space, using Building standard materialsframing near windows so as to allow access between joining suites. Tenant shall be responsible for:
(1) shampoo the existing carpet;Installation of all work stations per code.
(2) remove a four Installation of all communication requirements per code. (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;Building is plenum ceiling)
(3) paint the walls as shown on EXHIBIT "B" attached hereto;Installation of all security requirements for suite areas, but not horns/strobes if required by code.
(4) Cost of new offices if desired by Tenant. New offices are to be installed by Landlord at cost without overhead or profit charged to Tenant. Tenant has option to price cost of offices. Landlord shall provide and install vinyl composition tile in the kitchen area as shown Signage on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside one half of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome coversign facing 1-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes 88 at its cost. If signs are permitted by Oak Brook, Tenant may, in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6)alternative, (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during install a sign at Tenant's Early Occupancy of expense. In addition, Tenant shall be listed in the Expansion Space, but stone sign on ground level. Tenant has the right to a final walk through prior to taking possession so as to ensure that the Commencement Date. Tenant hereby acknowledges Landlord's right work agreed to enter on to by the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage parties has been completed to Tenant's property 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 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 contractors during agents respecting the completion condition of the Premises or the Building have been made to Tenant Improvementsor relied upon by Tenant other than as may be contained in 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 Tenant hereby expressly agrees not to assert any such claims represents that the Premises shall be in good, sanitary order condition and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)repair.
Appears in 1 contract
Tenant Improvements. Upon execution hereof The tenant improvements (the “Leasehold Improvements”) for the Premises, which shall be constructed by Tenant, at Tenant’s sole cost and prior expense (except as provided in Paragraph 3.2 below with respect to the Expansion Space Commencement DateTenant Improvement Allowance), Landlord shallshall be all improvements to be constructed in and for the Premises and which are permanently affixed to the Premises pursuant to the approved Construction Documents (as defined below), at Landlord's cost including, without limitation, all carpet, wall coverings, millwork, doors, counters and expensepartitions; all demising walls; built-in secretarial desks, perform the following work stations, and credenzas; all corridors in the Expansion SpacePremises; all lunchrooms, using Building standard materials:
kitchens, computer rooms, utility rooms and other special rooms; Tenant’s entry door signs; all components and requirements to connect or modify the Building’s HVAC, electrical, telephone, plumbing, life safety and sprinkler systems to service the Premises and prepare the Premises for occupancy (1) shampoo such as, but not limited to, conduits for lighting changes required to the existing carpet;
(2) remove a four (4) foot wide portion of Premises); and all other tenant improvements for the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 Premises which Leasehold Improvements shall be connectedconstructed using the Building Standard Materials set forth in Schedule 2 attached hereto or other materials of equal or better quality. The opening shall be painted drywall partition;
(3) paint Except to the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile extent set forth in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines immediately preceding sentence, the Leasehold Improvements shall not include and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas Tenant Improvement Allowance shall not be required used for items such as Tenant’s furniture, furnishings, equipment, computer systems, work stations, telephones, and/or other personal property which are Tenant’s personal property or which would normally be considered to match be personal property items belonging to a tenant, whether or not affixed to the surrounding wallcovering);
(11) commercially clean Premises. Tenant may install Tenant’s HVAC Units, Tenant’s Back-Up Equipment, the Satellite System and the ATM and ATM Equipment and all existing vinyl wallcovering; and
(12) patch other non-Leasehold Improvement items during the passageway between Suite 1200B same time period as the construction of the Leasehold Improvements and Suite 1210 by complying with the existing carpet removed from same process as provided in connection with the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" construction of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Leasehold Improvements, Landlord shall use commercially reasonable efforts including, without limitation, any approval process for plans and specifications relating to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)items.
Appears in 1 contract
Sources: Lease Agreement (First California Financial Group, Inc.)
Tenant Improvements. Upon execution hereof Tenant shall be responsible for the design and prior construction of all initial improvements to the Expansion Space Commencement DatePremises (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, at Landlord's cost and expense, perform the following work shall provide to Tenant a Tenant Improvement Allowance in the Expansion Spaceamount of $11.40 per square foot of Rentable Area, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove for a four (4) foot wide portion total Tenant Improvement Allowance of $500,000. Any costs in excess of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 Tenant Improvement Allowance shall be connectedpaid by Tenant. The opening Tenant Improvement Allowance shall be painted drywall partition;
(3) paint used for the walls cost of developing and constructing the improvements to the Premises as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile set forth in the kitchen area as shown on EXHIBIT "B" attached hereto;
Site Plan dated May 14, 2004 and hereby approved by Landlord (5including architects, design, inspection, construction and project management costs and related services and expenses, insurance and utilities) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required used for any items of personal property. Landlord shall pay the Tenant Improvement Allowance to match Tenant after the surrounding wallcovering);
later of: (11a) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B date Tenant occupies the Premises and Suite 1210 with the existing carpet removed commences its business operations from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7)Premises, and (8) above 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, 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 be required to be completed in order to constitute "substantial completion" expend all of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion Improvement Allowance in construction of the Tenant ImprovementsImprovement Work, Landlord shall use commercially reasonable efforts pay such excess amount to minimize interference Tenant with Tenant's use and enjoyment the payment of the Expansion Spaceexpended Tenant Improvement Allowance pursuant to the foregoing sentence. Notwithstanding the foregoing, and Tenant Landlord shall use commercially reasonable efforts have no obligation to minimize interference with Landlord's completion of pay the Tenant Improvements. Improvement Allowance to the extent that (i) an Event of Default by Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage exists under this Lease; (ii) a lien has been filed with respect to the Tenant Improvement Work that has not been released (subject to Tenant's property ’s right to bond over any liens that are in good faith disputed by Landlord or its contractors during Tenant); (iii) Tenant is not in compliance with the completion terms of all applicable permits for the Tenant ImprovementsImprovement Work; or (iv) the insurance required under this Lease is not in full force and effect; in each case until such Event of Default or failure to comply is cured, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)at which time payment will be made.
Appears in 1 contract
Tenant Improvements. Upon execution hereof Sublessor agrees to lease to Sublessee and prior 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 Expansion Space Commencement Dateproduction or to mechanical or electrical systems ("Tenant Improvements"), Landlord shall, at Landlord's cost and expense, perform the following work in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown including without limitation those improvements listed on EXHIBIT "BC" attached hereto;
(4) provide and install vinyl composition tile in . During the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside term of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace Sublease, Sublessee shall bear the risk of loss with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required respect to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for shall obtain and maintain insurance which insures such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and all of 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 an additional insured and loss payee thereof. Sublessee shall, at its sole expense, keep the Tenant hereby Improvements in good repair, condition and working order, ordinary wear and tear excepted, and shall indemnify, defend and hold harmless Sublessor, its assignees, transferees and successors and their respective employees, officers and/or agents, from and against any losses (including tax liability), costs, expenses, liabilities, damages, penalties and disbursements at law or in equity, including attorneys' fees, imposed on or incurred by or asserted against the indemnified parties arising out of the leasing, ownership, use, possession, control, maintenance or operation of the Tenant Improvements and 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 expiration or other termination of this Sublease and are expressly agrees not to assert made for the benefit of, and shall be enforceable by, any such claims and to bear or all of the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)indemnified parties.
Appears in 1 contract
Sources: Sublease (Burke Industries Inc /Ca/)
Tenant Improvements. Upon execution hereof Subject to this Section 4, Tenant shall accept the Suite WB100 Premises and prior Suite WB200 Premises in their “as is” condition (subject to Landlord's continuing repair and maintenance obligations, as outlined in Section 10 of the Lease (as may be amended)), and Landlord shall have no obligation to make any alterations or improvements thereto whatsoever (provided that Landlord shall deliver same in good and tenantable condition, broom clean, with all systems serving same in good working order). Any alterations that Tenant desires to make in the Suite WB100 Premises and Suite WB200 Premises shall be subject to all the terms and conditions set forth in Section 11 of the Lease. Notwithstanding anything in the Lease to the contrary (and specifically deleting the references to the Improvements Allowances (as defined in Section 7 of the Fourth Amendment) for the DB First Floor Expansion Space Commencement DatePremises and the DB Second Floor Expansion Premises in Section 7 of the Fourth Amendment), Landlord shall, at Landlord's cost and expense, perform the following work hereby agrees to grant Tenant (i) an allowance in the Expansion Spaceamount of $217,480.45 (i.e. $29.33 per rentable square foot multiplied by 7,416 rentable square feet) (the “Suite WB100 Granted Allowance”) to be applied toward the cost (including architectural and engineering fees) of alterations performed by Tenant in the Suite WB100 Premises and (ii) an allowance in the amount of $124,988.76 (the “Suite WB200 Granted Allowance”, using Building standard materials:
(1together with the Suite WB100 Granted Allowance, collectively, the “Granted Allowance”) shampoo to be applied toward the existing carpet;
(2) remove a four (4) foot wide cost of the design and construction of any alterations Tenant desires to perform in Suite WB100 Premises and Suite WB200 Premises, respectively, in conjunction with Tenant’s initial occupancy of Suite WB100 Premises and Suite WB200. Any portion of the partition between Granted Allowance may be applied to pay the fees of the architect and engineers and any construction supervision, contractors' overhead and profit charges, along with fees for any project manager employed by Tenant with respect to such alterations, as well as any licensing and permitting costs and fees; provided, the Suite 1200B WB100 Granted Allowance may only be used for the Suite WB100 Premises and 1210the Suite WB200 Granted Allowance may only be used for the Suite WB200 Premises. The cost of Tenant’s alterations in the Suite WB100 Premises shall be paid first out the Suite WB100 Granted Allowance until the Suite WB100 Granted Allowance is exhausted (at which time Tenant shall be fully responsible for the cost of any further alterations), and the cost of Tenant’s alteration in a mutually acceptable locationthe Suite WB200 Premises shall be paid first out the Suite WB200 Granted Allowance until the Suite WB200 Allowance is exhausted (at which time Tenant shall be fully responsible for the cost of any further alterations). Provided no Event of Default then exists under the Lease, such that the Granted Allowance (or portions thereof) shall be disbursed to Tenant within thirty (30) days following Tenant's submission to Landlord of paid invoices for work related to alterations performed by ▇▇▇▇▇▇ in the Suite 1200B WB100 Premises and Suite 1210 WB200 Premises, accompanied by waivers of liens executed by all contractors employed by Tenant for the performance of such work. If the cost of Tenant's alterations in the Suite WB100 Premises or the Suite WB200 Premises exceeds the amount of the Suite WB100 Granted Allowance or the Suite WB200 Granted Allowance, the excess shall be connectedpaid by Tenant after the Suite WB100 Granted Allowance or the Suite WB200 Granted Allowance is fully exhausted. The opening shall Any portion of the (i) Suite WB100 Granted Allowance that has not been applied (or contracted to be painted drywall partition;
(3applied) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on manner set forth above by the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
date which is twelve (12) patch months following the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred WB100 Premises Seventh Amendment Commencement Date shall revert to herein as the "Tenant Improvements." Items (6), (7), and (8) above shall not be required to be completed in order to constitute "substantial completion" of the Tenant Improvements. As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements and for such other purposes deemed necessary by Landlord. During Landlord's completion of the Tenant Improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use and enjoyment of the Expansion Space, and Tenant shall use commercially reasonable efforts have no further rights with respect thereto and (ii) Suite WB200 Granted Allowance that has not been applied (or contracted to minimize interference with be applied) in the manner set forth above by the date which is twelve (12) months following the Suite WB200 Premises Seventh Amendment Commencement Date shall revert to Landlord's completion of the Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of the Tenant Improvements, and Tenant hereby expressly agrees not to assert any such claims and to bear the risk of any and all such damage and any and all related losses, unless caused by the gross negligence of Landlord or Landlord's contractor(s)shall have no further rights with respect thereto.
Appears in 1 contract