Tenant Work. (a) Within ten days (10) after the date of this Lease (if applicable), Tenant shall submit to Landlord completed interior design drawings, layouts and interior finish specifications for the preparation of the Demised Premises. Landlord, at its sole cost and expense, shall cause to be prepared all working, detailed construction drawings and specifications for the Tenant Work (as hereinafter defined) which shall become a part of this Lease and referred to as the “Plans and Specifications”. The Tenant Work is described in the Tenant Improvement Workletter annexed hereto as Exhibit C, which sets forth in detail the parties’ understanding regarding the scope of work to be provided to Tenant by Landlord (“Tenant Work”) and consists of the Initial 1st Floor Tenant Improvement Work (as defined in Exhibit C), the 3rd Floor Tenant Improvement Work (as defined in Exhibit C) and the Expansion Space Tenant Improvement Work (as defined in Exhibit C). (b) Landlord shall complete the construction of the Tenant Work, in accordance with the Tenant Improvement Workletter, in the following manner: (i) Landlord shall arrange for the performance of the 3rd Floor Tenant Improvement Work on or prior to the Commencement Date and shall arrange for the performance of the Initial 1st Floor Tenant Improvement Work and the Expansion Space Tenant Improvement Work after the Commencement Date; (ii) Within a reasonable time consistent with the target Commencement Date, after completion of the Plans and Specifications (if required), which shall be approved and initialed by Tenant, Landlord shall apply to the appropriate governmental authorities for any construction permit(s) which may be required in connection with Landlord’s performance of Tenant Work. (iii) Within a reasonable time consistent with the target Commencement Date, after the issuance of such construction permit(s), or if no permit is required, within a reasonable time after the execution of this Lease, Landlord shall commence to perform Tenant Work and shall diligently prosecute such work to completion. Landlord shall perform all work provided for in the Plans and Specifications (or in accordance with Exhibit C if no Plans and Specifications are required) in compliance with the applicable Building Codes and in a good and workmanlike manner. Tenant shall advise Landlord immediately in writing of any objection to the performance of the Tenant Work. (iv) Landlord shall arrange for any inspections and shall apply for and obtain any Certificate of Occupancy required by any governmental authority. (v) If prior to or during construction, Tenant elects to change the scope of Tenant Work (“Work Changes”) and/or Tenant requests additional work (“Additional Work”) other than Tenant Work to be performed in the Demised Premises, then provided such Work Changes or Additional Work adds to Landlord’s estimated costs, Tenant shall pay for any additional costs in advance of the Additional Work or Work Changes and upon receipt of invoice from Landlord. (vi) In the event of a default by Tenant in any payment required on account of Tenant’s Work, Work Changes or Additional Work costs prior to Tenant’s occupancy of Demised Premises, Landlord shall, in addition to all other legally allowable remedies, have the same rights as in the case of an Event of Default in Rent under the Lease. (vii) To the extent necessary, Tenant shall be responsible for moving all business equipment, furniture and all personal property (files, wall hangings, valuables, etc.) as may be required in connection with Landlord commencing and performing any of the Tenant Work.
Appears in 1 contract
Sources: Lease Agreement (Sco Group Inc)
Tenant Work. (a) Within ten days (10) after the date of this Lease (if applicable), All finish work and other work desired by Tenant shall submit to Landlord completed interior design drawings, layouts and interior finish specifications for the preparation of the Demised Premises. Landlord, at its sole cost and expense, shall cause to be prepared all working, detailed construction drawings and specifications for the Tenant Work (as hereinafter defined) which shall become a part of this Lease and referred to as the “Plans and Specifications”. The Tenant Work is described in the Tenant Improvement Workletter annexed hereto as Exhibit C, which sets forth in detail the parties’ understanding regarding not included within the scope of the Tenant Improvements as set forth in the Construction Documents or in the Additional Work authorized by a duly executed Change Order, including, but not limited to, computer systems, telephone systems, telecommunications systems and other items (the "Tenant Work") shall be furnished installed and paid for by Tenant. A delay in the installation of any Tenant Work will not result in any extension of the Lease Commencement Date. Commencement of any Tenant Work by Tenant shall not constitute acceptance by Tenant of any work by Landlord or Contractor or a waiver of any rights Tenant may have against Landlord, Contractor or others with respect to be the Tenant Improvements or Additional Work.
4.1 Access and Entry At a time designated by Landlord and Contractor, Landlord ----------------- agrees to provide reasonable access to the Premises to Tenant and its agents for the purpose of installing and completing Tenant's cabling related to Tenant's telephone and telecommunications systems. so long as such access does not interfere with the conduct of Landlord's construction or affect Landlord's ability to bring the Premises to Substantial Completion. All other Tenant Work shall occur during the thirty (30) day period provided to Tenant by Landlord (“Tenant Work”) and consists of the Initial 1st Floor Tenant Improvement Work (as defined in Exhibit C), the 3rd Floor Tenant Improvement Work (as defined in Exhibit C) and the Expansion Space Tenant Improvement Work (as defined in Exhibit C).
(b) Landlord shall complete the construction of for fixturization. With respect to the Tenant Work, Tenant shall adopt a schedule in accordance conformance with the Tenant Improvement Workletterschedule of Landlord's Contractor and conduct its work in such a manner as to maintain harmonious labor relations so as not to interfere with or delay the work of Landlord's Contractor. Landlord will endeavor to provide Tenant. at no cost, space in or about the following manner:
(i) Landlord shall arrange Premises, if available, for the performance of the 3rd Floor Tenant Improvement Work on or prior to the Commencement Date storage and shall arrange for the performance of the Initial 1st Floor Tenant Improvement Work and the Expansion Space Tenant Improvement Work after the Commencement Date;
(ii) Within a reasonable time consistent with the target Commencement Date, after completion of the Plans and Specifications (if required), which shall be approved and initialed by Tenant, Landlord shall apply to the appropriate governmental authorities for any construction permit(s) which may be required in connection with Landlord’s performance of Tenant Work.
(iii) Within a reasonable time consistent with the target Commencement Date, after the issuance of such construction permit(s), or if no permit is required, within a reasonable time after the execution of this Lease, Landlord shall commence to perform Tenant Work and shall diligently prosecute such work to completion. Landlord shall perform all work provided for in the Plans and Specifications (or in accordance with Exhibit C if no Plans and Specifications are required) in compliance with the applicable Building Codes and in a good and workmanlike manner. Tenant shall advise Landlord immediately in writing of any objection to the performance of the Tenant Work.
(iv) Landlord shall arrange for any inspections and shall apply for and obtain any Certificate of Occupancy required by any governmental authority.
(v) If prior to or during construction, Tenant elects to change the scope of Tenant Work (“Work Changes”) and/or Tenant requests additional work (“Additional Work”) other than Tenant Work to be performed in the Demised Premises, then provided such Work Changes or Additional Work adds to Landlord’s estimated costs, Tenant shall pay for any additional costs in advance of the Additional Work or Work Changes and upon receipt of invoice from Landlord.
(vi) In the event of a default by Tenant in any payment required on account staging of Tenant’s Work, Work Changes 's materials. provided that such storage and staging does not interfere with or Additional Work costs prior to Tenant’s occupancy delay the work of Demised Premises, Landlord shall, in addition to all other legally allowable remedies, have the same rights as in the case of an Event of Default in Rent under the Lease.
(vii) To the extent necessary, Landlord's Contractor. Tenant shall be responsible for moving providing all business equipment, furniture insurance and for providing any necessary security and shall use said space at its sole risk. Tenant agrees to hold Landlord harmless and indemnify Landlord from and against any and all personal property (filesloss, wall hangings, valuables, etc.) as may be required liability or cost arising out of or in connection with Landlord commencing and performing the use of this storage space by Tenant. Tenant shall be obligated to remove any of the Tenant Workstored materials from the storage space prior to the Lease Commencement Date and shall be responsible to repair any damage or clean up any debris resulting from Tenant's use of the space.
Appears in 1 contract
Sources: Industrial Real Estate Lease (Maxwell Laboratories Inc /De/)
Tenant Work. Before beginning any repair or Alteration or any work affecting Lines (a) Within ten days (10) after the date of this Lease (if applicablecollectively, “Tenant Work”), Tenant shall submit deliver to Landlord completed interior design drawings, layouts and interior finish specifications for the preparation of the Demised Premises. Landlord, at its sole cost and expenseobtain Landlord’s approval of, (a) names of contractors, subcontractors, mechanics, laborers and materialmen; (b) evidence of contractors’ and subcontractors’ insurance; and (c) any required governmental permits. Such approval shall cause not be unreasonably withheld provided that Landlord may designate specific contractors for work relating to be prepared mechanical, electrical, plumbing, HVAC, fire/life-safety and sprinkler systems and for vertical Lines (provided that, to the extent reasonably feasible, more than one contractor per trade is named, or, if only one contractor is available, such contractor is available to perform the work for a commercially reasonable cost). Tenant shall perform all working, detailed construction drawings and specifications for the Tenant Work (as hereinafter defined) which shall become a part of this Lease and referred to as the “Plans and Specifications”. The Tenant Work is described in the Tenant Improvement Workletter annexed hereto as Exhibit C, which sets forth in detail the parties’ understanding regarding the scope of work to be provided to Tenant by Landlord (“Tenant Work”) and consists of the Initial 1st Floor Tenant Improvement Work (as defined in Exhibit C), the 3rd Floor Tenant Improvement Work (as defined in Exhibit C) and the Expansion Space Tenant Improvement Work (as defined in Exhibit C).
(b) Landlord shall complete the construction of the Tenant Work, in accordance with the Tenant Improvement Workletter, in the following manner:
(i) Landlord shall arrange for the performance of the 3rd Floor Tenant Improvement Work on or prior to the Commencement Date and shall arrange for the performance of the Initial 1st Floor Tenant Improvement Work and the Expansion Space Tenant Improvement Work after the Commencement Date;
(ii) Within a reasonable time consistent with the target Commencement Date, after completion of the Plans and Specifications (if required), which shall be approved and initialed by Tenant, Landlord shall apply to the appropriate governmental authorities for any construction permit(s) which may be required in connection with Landlord’s performance of Tenant Work.
(iii) Within a reasonable time consistent with the target Commencement Date, after the issuance of such construction permit(s), or if no permit is required, within a reasonable time after the execution of this Lease, Landlord shall commence to perform Tenant Work and shall diligently prosecute such work to completion. Landlord shall perform all work provided for in the Plans and Specifications (or in accordance with Exhibit C if no Plans and Specifications are required) in compliance with the applicable Building Codes and in a good and workmanlike mannermanner using materials of a quality reasonably approved by Landlord; (ii) in compliance with any approved plans and specifications and any approved modifications thereto, all Laws, the National Electric Code, and Landlord’s reasonable construction rules and regulations; and (iii) in a manner that does not impair the Base Building. Tenant shall advise notify Landlord immediately at least 15 business days before commencing any work in writing the Premises. If, as a result of any objection to the performance of the Tenant Work.
(iv) , Landlord shall arrange for becomes required under Law to perform any inspections and shall apply for and obtain inspection, give any Certificate of Occupancy required by any governmental authority.
(v) If prior to notice, or during construction, Tenant elects to change the scope of Tenant Work (“Work Changes”) and/or Tenant requests additional work (“Additional Work”) other than cause such Tenant Work to be performed in the Demised Premises, then provided such Work Changes or Additional Work adds to Landlord’s estimated costsany particular manner, Tenant shall pay for any additional costs in advance comply with such requirement and promptly provide Landlord with reasonable documentation of the Additional Work or Work Changes and upon receipt of invoice from such compliance. Landlord.
(vi) In the event of a default by Tenant in any payment required on account ’s approval of Tenant’s plans and specifications shall not relieve Tenant from any obligation under this Section 6.3. In performing any Tenant Work, Work Changes or Additional Work costs prior to Tenant’s occupancy of Demised Premises, Landlord shall, in addition to all other legally allowable remedies, have the same rights as in the case of an Event of Default in Rent under the Lease.
(vii) To the extent necessary, Tenant shall be responsible for moving not use contractors, services, labor, materials or equipment that, in Landlord’s reasonable judgment, would cause labor disharmony with any workforce or trades engaged in performing other work or services at the Project, and Tenant shall take all business equipmentactions necessary to resolve any such labor disharmony, furniture and all personal property (filesincluding, wall hangingspromptly upon Landlord’s request, valuables, etctermination of any work in the Premises giving rise to such labor disharmony.) as may be required in connection with Landlord commencing and performing any of the Tenant Work.
Appears in 1 contract
Sources: Office Lease (Kura Oncology, Inc.)
Tenant Work. (a) Within ten days (10) after Upon approval of the date Final Plans, and upon Tenant’s receipt of this Lease (if applicable)all permits and authorizations required by all applicable governmental agencies or utility providers for commencement of construction, copies of which shall be promptly provided to Landlord, Tenant shall submit agrees to Landlord completed interior design drawings, layouts and interior finish specifications for the preparation commence construction of the Demised Premises. Landlord, at its sole cost and expense, shall cause to be prepared all working, detailed construction drawings and specifications for Initial Improvements in accordance with the Tenant Work approved Final Plans (as hereinafter defined) which shall become a part of this Lease and referred to as the “Plans and Specifications”. The Tenant Work is described in the Tenant Improvement Workletter annexed hereto as Exhibit C, which sets forth in detail the parties’ understanding regarding the scope of work to be provided to Tenant by Landlord (“Tenant Work”) and consists ), to diligently prosecute the completion of the Initial 1st Floor of Tenant Improvement Work (as defined in Exhibit C)thereafter, the 3rd Floor Tenant Improvement Work (as defined in Exhibit C) and the Expansion Space Tenant Improvement Work (as defined in Exhibit C).
(b) Landlord shall to construct and complete the construction all of the Tenant Work, in accordance with the Tenant Improvement Workletter, in the following manner:
(i) Landlord shall arrange for the performance of the 3rd Floor Tenant Improvement Work on or prior to the Commencement Date and shall arrange for the performance of the Initial 1st Floor Tenant Improvement Work and the Expansion Space Tenant Improvement Work after the Commencement Date;
(ii) Within a reasonable time consistent with the target Commencement Date, after completion of the Plans and Specifications (if required), which shall be approved and initialed by Tenant, Landlord shall apply to the appropriate governmental authorities for any construction permit(s) which may be required in connection with Landlord’s performance of Tenant Work.
(iii) Within a reasonable time consistent with the target Commencement Date, after the issuance of such construction permit(s), or if no permit is required, within a reasonable time after the execution of this Lease, Landlord shall commence to perform Tenant Work and shall diligently prosecute such work to completion. Landlord shall perform all work provided for in the Plans and Specifications (or in accordance with Exhibit C if no Plans and Specifications are required) in compliance with the applicable Building Codes and in a good and workmanlike mannermanner in compliance with all Legal Requirements. Tenant shall advise Landlord immediately in writing of any objection to cause the performance construction of the Tenant Work.
(iv) Landlord shall arrange for any inspections and shall apply for and obtain any Certificate of Occupancy required by any governmental authority.
(v) If prior to or during construction, Tenant elects to change the scope of Tenant Work (“Work Changes”) and/or Tenant requests additional work (“Additional Work”) other than Tenant Work Initial Improvements to be performed in accordance with the Demised Premisesapproved Final Plans and all change orders either approved by Landlord or presented to Landlord but not requiring Landlord approval as provided below. Landlord shall have the right at any time and from time to time to inspect the Premises during the course of Tenant Work and to review and inspect the construction of the Initial Improvements by Tenant to ensure compliance with Final Plans (Landlord agrees to use commercially reasonable efforts to minimize any interference with the Tenant’s Work in connection with such inspections), and in the event that Landlord or Landlord’s architect gives notice to the Tenant of noncompliance with the Final Plans, then provided such Work Changes or Additional Work adds to as long as Landlord and Landlord’s estimated costsarchitect are acting in good faith, Tenant shall pay for any additional costs promptly undertake to correct such deficiencies in advance order to bring the construction of the Additional Work Initial Improvements in compliance with Final Plans. If Tenant desires to effect any change or Work Changes and upon receipt of invoice from Landlord.
(vi) In addition to the event of a default by Tenant in any payment required on account of Tenant’s WorkFinal Plans, Work Changes or Additional Work costs then prior to Tenant’s occupancy of Demised Premises, Landlord shall, in addition to all other legally allowable remedies, have implementing the same rights as in the case of an Event of Default in Rent under the Lease.
(vii) To the extent necessaryproposed change order, Tenant shall be responsible for moving all business equipment, furniture and all personal property (files, wall hangings, valuables, etc.) as may be required in connection with deliver a written request to Landlord commencing and performing any that includes a revision to that portion of the Final Plans affected by such proposed change order, a description of the scope of such proposed change, and the cost of such change (the “Change Order Notice”), and if the Change Order is a Material Change Order (as hereinafter defined), the Change Order Notice must state that it is seeking Landlord’s approval of a Material Change Order (a “Material Change Order Request”). Tenant Workis not required to obtain Landlord’s written consent to any change orders, except for Material Change Orders, but Tenant must timely provide to Landlord a Change Order Notice for all change orders. As used herein, a “Material Change Order” is a change order that affects the Roof, foundation, structural walls, the HVAC, mechanical, plumbing and/or electrical systems of any portion of the Premises, or anything that requires Roof, floor, or exterior wall penetrations. If Landlord fails to advise Tenant of its approval or disapproval of a Material Change Order within ten (10) business days of receipt of a Material Change Order Request, Landlord shall be deemed to have approved such Material Change Order as submitted. Landlord’s approval of any proposed Material Change Orders to the Final Plans will not be unreasonably withheld, provided that such Material Change Orders remain consistent with the Proposed Premises Layout. Tenant shall promptly provide to Landlord copies of all change orders when executed by Tenant. Upon Landlord’s request, Tenant shall promptly provide Landlord with revised Final Plans reflecting the changes effected by any change orders, including Material Change Orders.
Appears in 1 contract