Common use of Tenant's Construction Clause in Contracts

Tenant's Construction. During Tenant’s Fixturing Period Tenant shall, at its own expense, perform all work and provide all materials, equipment, furniture, furnishings, trade fixtures, signage, and all other items necessary for the completion of the Leased Premises and the proper operation of Tenant’s business, all in accordance with plans and specifications approved by Landlord, as hereinafter set forth. All items furnished by Tenant shall be new and, if affixed to the Leased Premises, shall, subject to the provisions of Section 14 below, be free and clear of any lien or security interest. Tenant shall not undertake any construction, nor shall Tenant install any equipment other than trade fixtures and personal property, without first obtaining Landlord’s written approval of plans and specifications therefor, which plans and specifications shall be submitted to Landlord for its approval at least Fifteen (15) days prior to Tenant commencing such work. Thereafter, no changes shall be made in Tenant’s plans and specifications without the consent of Landlord. The approval by Landlord of such plans and specifications shall not constitute the assumption of any liability on the part of Landlord for their accuracy or their conformity with all requirements of any statute, law, ordinance, rule, regulation, or other governmental promulgation, and Tenant shall be solely responsible for the same. Tenant shall pay to Landlord, upon demand, any additional cost incurred by Landlord due to changes requested by Tenant and approved by Landlord. Tenant’s construction shall be completed ninety (90) days after delivery of the Leased Premises, subject only to delays caused by acts of God, government or public enemy, government action or inaction, labor disputes, inability to obtain material or labor on reasonable terms, failure of Landlord to perform Landlord’s obligations with respect to construction, or any other cause beyond Tenant’s control. All construction by Tenant shall be performed in conformance with the provisions of Subsection 12(b) below. If the same are not present as of the date of this Lease, Tenant must install Landlord-approved grease guard system around roof and wall vents and Tenant shall maintain the same throughout the term whether the same were present as of the date of this Lease or installed by Tenant.

Tenant's Construction. During Tenant’s Fixturing Period Tenant shall(a) Comply with all local and state codes in obtaining a Building Permit, at its own expense, perform all work as well as such construction criteria and other terms and conditions as LANDLORD may determine and provide all materials, equipment, furniture, furnishings, trade fixtures, signage, and all other items necessary for to TENANT at the completion initial project manager’s meeting. (b) TENANT to obtain a Building Permit regardless of the Leased Premises amount or extent of improvements. If the applicable jurisdiction does not require a Building Permit, TENANT shall evidence that fact to LANDLORD by delivery of a letter to that effect signed by the jurisdictional building inspection department. (c) Plans and the proper operation evidence of Tenant’s business, all in accordance with plans and specifications approved by Landlord, as hereinafter set forth. All items furnished by Tenant shall be new and, if affixed Building Permit to the Leased Premises, shall, subject to the provisions of Section 14 below, be free and clear of any lien or security interest. Tenant shall not undertake any construction, nor shall Tenant install any equipment other than trade fixtures and personal property, without first obtaining Landlord’s written approval of plans and specifications therefor, which plans and specifications shall be submitted to Landlord for its approval at least Fifteen the proper LANDLORD’s representative within sixty (60) days of the date this Lease Agreement is signed by all parties, but in no event later than fifteen (15) days prior to Tenant commencing such workany improvements. (d) Provide for any heating and air conditioning equipment, required by TENANT in addition to units supplied by LANDLORD, all wiring and ductwork, designed by a professional engineer with seal. ThereafterSpace above ceiling may not be used as a return air plenum unless TENANT provides proper fire proofing. If space above ceiling is not used as a return air plenum, no changes then heating ducts above ceiling shall be made insulated. All such equipment to be in Tenant’s plans proper operation on day that TENANT opens the DEMISED PREMISE’S for business. (e) All cutting and specifications without patching of the consent roof area required for installation of Landlord. The approval by Landlord of such plans air conditioning and specifications shall not constitute the assumption of any liability on the part of Landlord for their accuracy ventilation systems, plumbing or their conformity with all requirements of any statute, law, ordinance, rule, regulation, or other governmental promulgation, and Tenant utilities shall be solely responsible for paid by the sameTENANT. Tenant shall pay to LandlordHowever, upon demand, any additional cost incurred by Landlord due to changes requested by Tenant and approved by Landlord. Tenant’s construction shall be completed ninety (90) days after delivery of the Leased Premises, subject only to delays caused by acts of God, government or public enemy, government action or inaction, labor disputes, inability to obtain material or labor on reasonable terms, failure of Landlord to perform Landlord’s obligations with respect to construction, or any other cause beyond Tenant’s control. All construction by Tenant in all cases said work shall be performed in conformance with by the provisions LANDLORD’s contractor’s roofing subcontractor. (f) Plastered or dry walls, or their equivalent finish, required throughout the sales area. No exposed framing is allowed. Paint and decorate the entire interior of Subsection 12(bDEMISED PREMISES. (g) below. If the same are not present as of the date of this Lease, Tenant must install Landlord-approved grease guard system around roof Provide all floor coverings and wall vents finishes except what is shown on Exhibit B. (h) Non-combustible materials must be used above ceilings. (i) Mezzanines not permitted unless approved by LANDLORD. (j) Provide fire extinguishers, which may be required by local code. (k) TENANT shall be responsible for removal of all trash and Tenant shall maintain the same throughout the term whether the same were present debris produced as a result of the date of this Lease or installed by Tenantits construction, fixturing and stocking.

Tenant's Construction. During Tenant’s Fixturing Period (a) In the case that Tenant shallinstalls a ceiling other than supplied by the Landlord, at its own expense, perform all work and provide all materials, equipment, furniture, furnishings, trade fixtures, signage, and all other items necessary for the completion of the Leased Premises and the proper operation of Tenant’s business, all in accordance with plans and specifications ceiling should be fire-rated as required by applicable code. (b) Non-combustible materials must be used above ceiling. (c) Mezzanines not permitted unless approved by Landlord. (d) Provide all necessary partitions, except Demising Partitions, with finished drywall. Paint and decorate interior of Demised Premises. (e) Provide all floor coverings. (f) Provide for any additional heating and air conditioning equipment, additional to units supplied by Landlord which may be required by applicable ordinances and/or codes, with all wiring and duct work, designed by a professional engineer with seal. Space above ceiling may not be used as hereinafter set fortha return air plenum. All items furnished by such equipment to be in proper operation on day that Tenant shall be new and, if affixed to opens the Leased Premises, shall, subject to the provisions of Section 14 below, be free and clear of any lien or security interest. Demised Premises for business. (g) Tenant shall not undertake penetrate the roof in any constructionmanner whatsoever, nor shall Tenant install any equipment other than trade fixtures be it for the installation of additional air conditioning and personal propertyventilation systems, or plumbing or utilities, without first obtaining Landlord’s prior written approval of plans and specifications therefor, which plans and specifications from the Landlord. Work shall be submitted to done by a certified applicator, chosen by Landlord for its approval at least Fifteen (15) days prior to Tenant commencing such workand approved by the manufacturer of the roofing material. Thereafter, no changes Work shall be made in at Tenant’s plans 's sole cost and specifications without the consent of Landlordexpense. The approval by Landlord of such plans and specifications shall not constitute the assumption of any liability on the part of Landlord for their accuracy or their conformity with all requirements of any statute, law, ordinance, rule, regulation, or other governmental promulgation, and Tenant shall be solely responsible for any and all damage to the sameroof of the Shopping Center due to penetration, including but not limited to roof leaks, cancellation of roof guaranty and damage to the building components of the Shopping Center. Tenant Landlord shall pay not be held responsible for repairing or maintaining the Tenant's roof and otherwise keeping it free of rain water filtration in accordance with Article 7.01 of the Lease if the Tenant, Tenant's employee or Tenant's contractor and/or subcontractor, cause a penetration of the roofing system for any reason whatsoever unless the penetration has been approved by Landlord and sealed by an acceptable certified applicator. (h) Pay for all charges and deposits relating to Landlordthe initiation of all utility services including but not limited to water, upon demandsewer, gas, electricity and telephone, and also any additional cost incurred fees and/or charges necessitated by Landlord the requirements of Tenant's business. (i) Provide hot water and drinking fountain, if required by code with all necessary connections. (j) Provide fire extinguishers which may be required by code. (k) Provide all time clocks if required by applicable ordinances and/or codes. (l) Provide handicapped and/or extra toilets if required by code. (m) Provide any other work either within or without the Demised Premises specifically required by applicable codes and/or ordinances due to changes requested by Tenant and approved by Landlord. the nature of Tenant’s construction shall be completed ninety (90) days after delivery of the Leased Premises, subject only to delays caused by acts of God, government or public enemy, government action or inaction, labor disputes, inability to obtain material or labor on reasonable terms, failure of Landlord to perform Landlord’s obligations with respect to construction, or any other cause beyond Tenant’s control. All construction by Tenant shall be performed in conformance with the provisions of Subsection 12(b) below. If the same are not present as of the date of this Lease, Tenant must install Landlord-approved grease guard system around roof and wall vents and Tenant shall maintain the same throughout the term whether the same were present as of the date of this Lease or installed by Tenant's business.

Tenant's Construction. During Except as otherwise provided in this Section 12.1 and the Work Letter, Tenant shall not make any alterations, additions or improvements to the Premises ("Alterations") in excess of $50,000.00 at any one time without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting, or otherwise defacing the Premises. Whenever Tenant proposes to do any construction work within the Premises, Tenant shall first furnish to Landlord plans and specifications in such detail as Landlord may request covering all such work, together with an identification of the contractor(s) whom Tenant plans to employ for the work. In no event shall Tenant make any Alterations that affect the structure of the Building, the roof or the foundations, the HVAC, electrical, plumbing, life safety or other Building systems, the Common Areas or any other tenant. In no event shall Tenant puncture or penetrate, or cause the puncture or penetration of, the Building floor slab or any underlying vapor barrier without Landlord’s prior written consent, and if such consent is given, Tenant shall be required to repair at its sole cost and expense any damage caused to the Building floor slab or underlying vapor barrier in accordance with the recommendations of Landlord. In no event shall any construction work be commenced within the Premises without Landlord's written confirmation that it has no objection to Tenant’s Fixturing Period Tenant shall's plans and specifications and contractor(s). All such work shall be completed promptly, in a good and workmanlike manner and using only good grades of materials. Landlord may, at its own expenseelection, perform monitor or engage a third party to monitor such work. Tenant shall reimburse Landlord for all work reasonable third-party out-of-pocket expenses incurred by Landlord (including, without limitation, any construction management or similar fees and provide all materials, equipment, furniture, furnishings, trade fixtures, signage, related costs payable by Landlord to a third party engaged by Landlord to monitor such work) in connection with Landlord's review of Tenant's plans and all other items necessary submissions as requested by Landlord and for the completion monitoring such construction in connection with Alterations not to exceed one percent (1%) of the Leased Premises hard costs. Notwithstanding the rights accorded to Landlord pursuant to the immediately preceding sentences, Tenant acknowledges and agrees that Landlord's permission for Tenant to commence construction or monitoring of such work shall in no way constitute any representation or warranty by Landlord as to the proper operation adequacy or sufficiency of such plans and specifications, the improvements to which they relate, the capabilities of such contractors or the compliance of any such work with any applicable laws, codes or other requirements; instead, any such permission or monitoring shall merely be the consent of Landlord as required hereunder. Without limiting the generality of the preceding sentences in this Section 12.1, Tenant acknowledges and agrees that any installation or replacement of Tenant’s business, all 's heating or air-conditioning equipment must be subject to such preceding sentences and must be effected strictly in accordance with Landlord's instructions regarding same. Notwithstanding the foregoing, Tenant shall not be required to obtain Landlord’s consent for repainting, recarpeting, or other Alterations which are non-structural, do not require a permit, and cost less than $50,000.00 in any single instance or series of related alterations performed within a six-month period (provided that Tenant shall not perform any improvements, alterations or additions to the Premises in stages as a means to subvert this provision), in each case provided that (A) Tenant delivers to Landlord written notice thereof, a list of contractors and subcontractors to perform the work (and certificates of insurance for each such party) and plans and specifications approved therefor (if any) prior to commencing any such alterations, additions, or improvements (for informational purposes only so long as no consent is required by LandlordLandlord as required by this Lease), as hereinafter set forth. All items furnished by Tenant shall be new and, if affixed to (B) the Leased Premises, shall, subject to installation thereof does not involve any core drilling or the provisions of Section 14 below, be free and clear configuration or location of any lien exterior or security interestinterior walls of the Building, and (C) such alterations, additions and improvements will not affect (i) the Building’s structure or the Building’s systems, (ii) the provision of services to other Building tenants, or (iii) the appearance of the Common Areas or the exterior of the Building. Tenant shall not undertake be required to remove any construction, nor shall Tenant install any equipment other than trade fixtures and personal property, without first obtaining Alterations upon expiration or earlier termination of this Lease unless Landlord designates such for removal at the time of Landlord’s written approval of plans and specifications therefor, which plans and specifications shall be submitted to Landlord for its approval at least Fifteen (15) days prior to Tenant commencing such work. Thereafter, no changes shall be made in Tenant’s plans and specifications without the consent of Landlord. The approval by Landlord of such plans and specifications shall not constitute the assumption of any liability on the part of Landlord for their accuracy or their conformity with all requirements of any statute, law, ordinance, rule, regulation, or other governmental promulgation, and Tenant shall be solely responsible for the same. Tenant shall pay to Landlord, upon demand, any additional cost incurred by Landlord due to changes requested by Tenant and approved by Landlord. Tenant’s construction shall be completed ninety (90) days after delivery of the Leased Premises, subject only to delays caused by acts of God, government or public enemy, government action or inaction, labor disputes, inability to obtain material or labor on reasonable terms, failure of Landlord to perform Landlord’s obligations with respect to construction, or any other cause beyond Tenant’s control. All construction by Tenant shall be performed in conformance with the provisions of Subsection 12(b) below. If the same are not present as of the date of this Lease, Tenant must install Landlord-approved grease guard system around roof and wall vents and Tenant shall maintain the same throughout the term whether the same were present as of the date of this Lease or installed by Tenantthereof.

Tenant's Construction. During Tenant’s Fixturing Period Tenant shall(a) Comply with all local and state codes in obtaining a Building Permit, at its own expense, perform all work as well as such construction criteria and other terms and conditions as LANDLORD may determine and provide all materials, equipment, furniture, furnishings, trade fixtures, signage, and all other items necessary for to TENANT at the completion initial project manager’s meeting. (b) TENANT to obtain a Building Permit regardless of the Leased Premises amount or extent of improvements. If the applicable jurisdiction does not require a Building Permit, TENANT shall evidence that fact to LANDLORD by delivery of a letter to that effect signed by the jurisdictional building inspection department. (c) Plans and the proper operation evidence of Tenant’s business, all in accordance with plans and specifications approved by Landlord, as hereinafter set forth. All items furnished by Tenant shall be new and, if affixed Building Permit to the Leased Premises, shall, subject to the provisions of Section 14 below, be free and clear of any lien or security interest. Tenant shall not undertake any construction, nor shall Tenant install any equipment other than trade fixtures and personal property, without first obtaining Landlord’s written approval of plans and specifications therefor, which plans and specifications shall be submitted to Landlord for its approval at least Fifteen the proper LANDLORD’s representative within sixty (60) days of the date this Lease Agreement is signed by all parties, but in no event later than fifteen (15) days prior to Tenant commencing such workany improvements. (d) Provide for any heating and air conditioning equipment, required by TENANT in addition to units supplied by LANDLORD, all wiring and ▇▇▇▇▇▇▇▇, designed by a professional engineer with seal. ThereafterSpace above ceiling may not be used as a return air plenum unless TENANT provides proper fire proofing. If space above ceiling is not used as a return air plenum, no changes then heating ducts above ceiling shall be made insulated. All such equipment to be in Tenant’s plans proper operation on day that TENANT opens the DEMISED PREMISE’S for business. (e) All cutting and specifications without patching of the consent roof area required for installation of Landlord. The approval by Landlord of such plans air conditioning and specifications shall not constitute the assumption of any liability on the part of Landlord for their accuracy ventilation systems, plumbing or their conformity with all requirements of any statute, law, ordinance, rule, regulation, or other governmental promulgation, and Tenant utilities shall be solely responsible for paid by the sameTENANT. Tenant shall pay to LandlordHowever, upon demand, any additional cost incurred by Landlord due to changes requested by Tenant and approved by Landlord. Tenant’s construction shall be completed ninety (90) days after delivery of the Leased Premises, subject only to delays caused by acts of God, government or public enemy, government action or inaction, labor disputes, inability to obtain material or labor on reasonable terms, failure of Landlord to perform Landlord’s obligations with respect to construction, or any other cause beyond Tenant’s control. All construction by Tenant in all cases said work shall be performed in conformance with by the provisions LANDLORD’s contractor’s roofing subcontractor. (f) Plastered or dry walls, or their equivalent finish, required throughout the sales area. No exposed framing is allowed. Paint and decorate the entire interior of Subsection 12(bDEMISED PREMISES. (g) below. If the same are not present as of the date of this Lease, Tenant must install Landlord-approved grease guard system around roof Provide all floor coverings and wall vents finishes except what is shown on Exhibit B. (h) Non-combustible materials must be used above ceilings. (i) Mezzanines not permitted unless approved by LANDLORD. (j) Provide fire extinguishers, which may be required by local code. (k) TENANT shall be responsible for removal of all trash and Tenant shall maintain the same throughout the term whether the same were present debris produced as a result of the date of this Lease or installed by Tenantits construction, fixturing and stocking.