Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work. (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay. (c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord. (d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 2 contracts
Sources: Lease (Juniper Networks Inc), Lease Agreement (Webex Inc)
Tenant’s Work. To the extent that Landlord approves any alterations or other work by Tenant at the Premises, the approval is limited to Tenant’s work as shown on the plans and specifications approved by Landlord, and Tenant’s work, including, without limitation, matters related to or arising out of the design and/or construction of the work, including, without limitation, any errors or omissions contained therein, and/or the necessity of other work required by such work to comply with legal requirements or directives, shall be Tenant’s responsibility without cost or liability to Landlord. All work performed by or for Tenant under this Lease is performed for the sole benefit of Tenant and at Tenant’s sole cost and expense and shall be done in a good and workmanlike manner, in compliance with all applicable laws and using new and high quality materials. Tenant agrees that, with respect to all work of any nature performed by or for Tenant, including, without limitation, Tenant’s work, whether related to leasehold improvements, alterations or any other type of manner of work, Tenant and Tenant’s agents, contractors, workers, mechanics, suppliers and invitees shall work in harmony with Landlord and such other contractors, workers, mechanics, suppliers and invitees as shall be working there from time to time, if any. Upon completion of any work by Tenant, Tenant shall provide Landlord with “As-Built” electronically recorded drawings on a disk in AutoCADD format. Any alteration or addition shall be consistent in appearance with the rest of the Building and Landlord’s Property and shall be made only after duly obtaining all required permits and licenses from all governmental authorities. Tenant will deliver to Landlord in writing a schedule setting forth the details and location of all such alterations or additions and, upon request, provide Landlord lien waivers from time to time from all parties performing work related to the Premises or services for Tenant. This Lease addresses the respective obligations of Landlord and Tenant acknowledge for maintenance, repairs and agree that certain work required for Tenant's occupancy of the Leased Premisesreplacements, including but not limited and, to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed fullest extent permitted by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises)law, Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlordwaives the provisions of ▇.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors▇. ▇. 186 §19.
Appears in 2 contracts
Tenant’s Work. Landlord The Architectural Drawings and Tenant acknowledge Specifications and agree that certain work required for Tenant's occupancy of the Leased PremisesEngineering Plans and Specifications, including but not limited to as approved by Landlord, shall thereupon collectively constitute the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's WorkPlans") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work improve the Premises in conformance accordance with the Contractor's scheduleTenant’s Plans. The work set forth in the Tenant’s Plans is hereinafter referred to as “Tenant’s Work”. From and after the date of Landlord’s approval of the Tenant’s Plans, any changes to the Tenant’s Plans shall not be binding unless approved in writing by both Landlord and Tenant. Landlord’s approval of the Tenant’s Plans shall constitute approval of Tenant’s design concept only and shall perform Tenant's Work in such no event be deemed a way as not to hinder representation or delay the operations of Landlord or the Contractor in the Building. Any costs incurred warranty by Landlord as a result of to whether the Tenant’s Plans comply with any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make and all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and legal requirements applicable to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) ’s Plans and Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's ’s Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any eventthe performance of Tenant’s Work, all Tenant's Work Tenant shall comply with all applicable laws, codes and ordinances regulations. Tenant shall obtain all permits, certificates and other governmental approvals from all governmental entities having jurisdiction thereover which are necessary for the prosecution and completion of Tenant’s Work. Tenant’s Work shall include, but not be limited to, the cost of all permits and governmental inspections, all architectural and engineering fees, the preparation and delivery to Landlord of a complete set of “as-built” plans showing Tenant’s Work, in hard copy and an electronic version thereof which is acceptable to Landlord (the "As-Built Plans") (which As-Built Plans shall be delivered to Landlord not later than the tenth (10th) day following the substantial completion of Tenant’s Work). Prior to commencing Tenant’s Work, Tenant shall provide to Landlord the name and address of each contractor and subcontractor which Tenant intends to employ to perform Tenant’s Work, the use of which subcontractors and contractors shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed if (1) the contractor or subcontractor is properly licensed, (2) Landlord has had no prior experience with such contractor or subcontractor which was unsatisfactory to Landlord and (3) Landlord knows of no prior unsatisfactory experience that a third party has had with such contractor or subcontractor. Prior to the commencement of any governmental entity having jurisdiction over the Building. Landlord of Tenant’s Work, Tenant shall have no responsibility for deliver to Landlord, with respect to each contractor and subcontractor which Tenant intends to employ to perform any of Tenant's failure to comply with such applicable laws. Any and all delay in obtaining ’s Work, a certificate of occupancy due insurance from each such contractor or subcontractor specifying Landlord as a named insured and evidencing that each such contractor or subcontractor has obtained the insurance coverages described in Section 17.B. of the Lease. Tenant shall not be obligated to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In use union labor in connection with Tenant's Work ’s Work. Said contractors and subcontractors shall also comply with other reasonable industry requirements of Landlord. Tenant shall pay to Landlord a coordination fee in an amount equal to one percent (e.g.1%) of the cost of the Tenant Allowance (as hereinafter defined) (the "Coordination Fee"), delivering or installing furniture or equipment which Coordination Fee shall be deducted from the Tenant Allowance to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs extent that funds are available therefrom for such services as may be charged purpose or otherwise paid directly by Landlord.
(d) Tenant shall promptly pay to Landlord upon demand for any extra expense incurred by Landlord by reason the substantial completion of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractorsTenant’s Work.
Appears in 2 contracts
Sources: Office Lease (Cellular Biomedicine Group, Inc.), Office Lease (Cellular Biomedicine Group, Inc.)
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:: (
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 2 contracts
Sources: Lease Agreement (Vantive Corp), Lease Agreement (Vantive Corp)
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or at its contractors at Tenant's sole cost and expense. All such , subject to Tenant's receipt of the Tenant Work Allowance (as hereinafter defined) and the additional amounts payable by Landlord pursuant to Exhibit C, Section II (B) in accordance with Exhibit C, shall perform and complete all other improvements to the Premises as more particularly set forth in the work letter attached hereto as Exhibit C (herein called "Tenant's Work") shall be subject to Landlord's prior written approval). Tenant shall adopt a construction schedule for complete all of Tenant's Work in conformance good and workmanlike manner, fully paid for and free from liens, in accordance with the Contractorplans and specifications approved by Landlord and Tenant as provided in Exhibit C. Tenant shall also have the right during the period from and after the date the Lease is fully executed to come onto the Premises to begin Tenant's scheduleWork, to install its fixtures and prepare the Premises for the operation of Tenant's business. Notwithstanding the fact that the foregoing activities may occur prior to the Rent Commencement Date, Tenant agrees that all of Tenant's obligations provided for in this Lease shall perform apply during any such period, with the exception of any obligation to pay Base Rent, Operating Expenses, Real Estate Taxes, or the Parking Fee (except as otherwise set forth in Article 1(1-H)). Landlord shall provide Tenant with a Tenant Work Allowance to reimburse Tenant for all or part of the cost of Tenant's Work as more particularly set forth in such a way as not Exhibit C. Tenant shall use all commercially reasonable efforts during the performance of Tenant's Work to hinder or delay minimize interference with the business operations of Landlord or the Contractor other tenants in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 2 contracts
Sources: Lease (Archemix Corp.), Lease (Archemix Corp.)
Tenant’s Work. Commencing on the date this Lease is fully executed, Landlord shall permit Tenant and Tenant’s representatives to enter the Premises so that Tenant acknowledge and agree that certain work may do such work, excluding Landlord’s Work, as may be required by Tenant to make the Premises ready for Tenant's ’s use and occupancy of (“Tenant’s Work”). Such permission is conditioned upon Tenant and its agents, contractors, employees and invitees not interfering with Landlord’s Work in the Leased PremisesPremises or other work Landlord is conducting in the Project, including but not limited to the procurement if any, and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to all the terms of this Lease except Tenant’s obligation to pay Base Rent. Tenant acknowledges and agrees that Landlord is not liable in any way for any injury,loss or damage which may occur to Tenant, its agents, contractors, employees, or invitees or to Tenant’s Work and installations made in the Premises, all of the same being at Tenant’s sole risk. Tenant acknowledges that Landlord will be conducting Landlord's prior written approval’s Work in the Premises and other work in the Project concurrently with Tenant’s Work, and Tenant agrees to reasonably cooperate with Landlord in order to avoid interference with Landlord’s construction activities. Tenant shall adopt a construction schedule for Tenant's Work in conformance with have the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be use the loading dock subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount coordinating such use with Landlord’s and coverage of public liability and property damage insurance carried by Tenant's contractors other tenants’ activities in the form of an endorsed insurance certificate naming Landlord, the Contractor, Building and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when requiredas to after hours usage, a copy reasonable charge to reimburse Landlord for its actual costs in providing such access. Tenant shall compensate Landlord at the normal hourly rate as set forth in Exhibit F for the services of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay Landlord’s engineering personnel in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord’s Work.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 2 contracts
Sources: Purchase and Sale Agreement (Go Daddy Group, Inc.), Purchase and Sale Agreement (Go Daddy Group, Inc.)
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required All improvements to the Premises necessary for Tenant's use and occupancy of the Leased Premises, including but thereof and not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and listed as Landlord's Work on Exhibit B shall be performed completed by Tenant or its contractors Tenant, at Tenant's sole cost expense, and expense. All such work (shall hereinafter be referred to as "Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. The Tenant's Work shall comply be completed by Tenant in conformity with the specifications attached hereto as Exhibit C, plans and specification's therefor approved by Landlord and all applicable laws, orders, rules and regulations of governmental authorities. Prior to the commencement of the following requirements:
Term, Landlord shall have received full payment from Tenant due Landlord pursuant to Exhibit B and/or Exhibit C and for such other work as Landlord may have undertaken at Tenant's request. Tenant agrees to submit to Landlord plans and specifications covering the Tenant's Work, in such detail as Landlord may require, within fifteen (a15) days after execution of this Lease and Tenant agrees not to commence work on any of the Tenant's Work shall not proceed until Landlord has approved such plans and specifications in writing: (i) , Landlord's Work in the Premises has been substantially completed and Tenant has obtained all permits and approvals necessary for the construction of Tenant's contractors, (ii) proof Work. Landlord's approval of Tenant's plans and specifications shall not be deemed evidence of the amount compliance by such plans and coverage specifications with all applicable laws, orders, rules and regulations of public liability and property damage insurance carried by governmental authorities, nor shall it be or be deemed to be a warranty thereof of the soundness or fitness for a particular purpose of the Tenant's contractors in Work. Landlord's approval of the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work is purely for the benefit of Landlord and may not be relied on for any purpose except as set forth herein. At all times during Tenant's construction, Landlord and its representatives shall have the right to enter upon the Premises for the purpose of inspecting the construction and progress of the Tenant's Work.
. Tenant agrees with respect to Tenant's Work that it will (a) not damage, delay or interfere with the prosecution or completion of any work being performed by Landlord or any other person(s) in the Premises or by Landlord or any other person(s) in or about any other portion of the Shopping Center; (b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable lawsprocedures and regulations prescribed by Landlord from time to time for coordination of such work and activities with any work being performed by Landlord, codes or any other construction, in the Shopping Center; and ordinances (c) conform to all of Landlord's labor regulations and shall not do or permit anything to be done that might create (or hinder the cessation thereof if extant) any work stoppage, picketing or other labor disruption or dispute which would interfere with the construction or operation of any governmental entity having jurisdiction over the Buildingwork or activities being conducted anywhere by Landlord. Landlord shall have no responsibility for Tenant's failure If Tenant fails or refuses to comply with any of the foregoing obligations (set forth in items (a), (b) and (c)), Landlord may require Tenant to cease immediately the performance of such applicable lawswork and activities. Any and all delay in obtaining a certificate Tenant agrees that its entry into possession of occupancy due the Premises prior to Tenant's vendors is the responsibility of Tenant and Commencement Date shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment subject to the second floor all of the Leased Premises)terms of this Lease, Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord except the covenants to pay the amounts as set forth in Section 3.01, 3.02 and shall pay such reasonable costs for such services as may be charged by Landlord3.04.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 2 contracts
Sources: Shopping Center Lease (Carrollton Bancorp), Shopping Center Lease (Carrollton Bancorp)
Tenant’s Work. Tenant shall do the work, if any, shown on Exhibit B as the work on the part of the Tenant (the “Tenant’s Work”), at its expense, and in a good and workmanlike manner in accordance with “Plans and Specifications” (as hereinafter defined) which have been prepared at Tenant’s expense and which have Landlord’s written approval, which approval of any non-structural work shall not be unreasonably withheld or delayed but which may be withheld as to any structural work in Landlord’s sole discretion, prior to the commencement of Tenant’s Work. Among other items, Landlord’s review of said Plans and Specifications may include potential impact on, and potential upgrades required to, base building systems. Landlord’s approval of Tenant’s Plans and Specifications, if given, shall not be deemed or construed as a representation by Landlord that said Plans and Specifications comply with applicable law, or are adequate or appropriate for Tenant’s requirements. Further, Landlord’s approval of Tenant’s Plans and Specifications, if given, may be conditioned upon Tenant payment for upgrades to base building systems required or necessitated by Tenant’s Work, or upon such other reasonable conditions as Landlord may impose. Tenant shall furnish and install any and all necessary trade fixtures, equipment and other items necessary for the proper conduct of Tenant’s business. “Plans and Specifications”, as used in this Section V(b) and in Section XII, shall mean documents and drawings sufficient for contract bidding and work completion, and shall include, but not be limited to, stamped, certified architectural, mechanical, electrical and plumbing plans. All of the foregoing work and all work Tenant may undertake pursuant to Section XII of this Lease shall be done in accordance with all laws, rules, regulations and ordinances applicable thereto, including, if necessary, compliance with the Americans With Disabilities Act, as amended from time to time, and the acquisition by Tenant of a Building Permit from the municipal department having jurisdiction, if required. In no event shall Landlord be required to provide or install any trade fixtures or equipment. Landlord hereby approves J&J Construction Services as the contractor to be retained for the construction of the Tenant’s Work and any work under Section XII of this Lease. Tenant shall ensure that J&J Construction Services and its labor will work in harmony with other labor working in and about the Building, Property, and the Business Park and with suppliers of materials for use in construction in and about the Building, Property, and Business Park, and Tenant agrees that it will not do or permit to be done anything which would cause any labor difficulty in connection with any construction in and about the Building, Property, and Business Park. Tenant shall require all of its contractors to carry (i) Worker’s Compensation Insurance in accordance with statutory requirements and (ii) Commercial General Liability Insurance and Automobile Liability Insurance covering such contractors in or about the Premises, Building, Property and Business Park in amounts not less than Two Million Dollars ($2,000,000) combined single limits for property damage, for injury or death of more than one person in a single accident, and to submit certificates of insurance evidencing such coverage to Landlord prior to commencement of such work, which name Landlord as an additional insured thereunder as its interest may appear. Tenant agrees to indemnify, exonerate, and hold harmless Landlord and Tenant acknowledge its management agent from all claims, liabilities, penalties, costs, expenses (including reasonable attorneys’ fees) actions, proceedings, demands and agree that certain work required for causes of actions occasioned by, on account of, or upon (i) Tenant's occupancy of ’s contractors being on or about the Leased Premises, including the Building, the Property, or the Business Park, and/or (ii) any work done on the Premises pursuant to this Section V or Section XII of this Lease whether performed prior to the Commencement Date, during or after the term of this Lease, including, but not limited to the procurement and installation to, any claims, actions, demands or causes of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed action asserted by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor any other tenants in the Building. Any costs incurred by Building against Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant breach of any such interference covenant of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commencedquiet enjoyment. In case any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors action or proceeding is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by brought against Landlord by reason of faulty work done by any such claim, Tenant, upon notice from Landlord, shall, at Tenant’s expense, resist or defend such action or proceeding and employ counsel therefor reasonably satisfactory to Landlord, it being agreed that such counsel as may act for insurance underwriters of Tenant or its engaged in such defense shall be deemed satisfactory. All contractors, by reason of damage to existing work caused by Tenant subcontractors, mechanics, laborers, materialmen, and others who perform any work, labor or its contractorsservices, or by reason furnish any materials, or otherwise participate in the improvement or alteration of inadequate cleanup by the Premises, are hereby given notice that Tenant is not authorized to subject Landlord’s interest in the Premises, Building or its contractorsProperty to any claim for mechanics’, laborers’ and materialmen’s liens, and all persons dealing directly or indirectly with Tenant may not look to the Premises, Building or Property as security for payment. Tenant shall save Landlord harmless from and against all expenses, liens, claims or damages to either property or person which arise from the making of any such additions, improvements, alterations and/or installations and shall remove any mechanics’, laborers’ and/or materialmen’s liens within ten (10) business days after the same have been filed.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Faro Technologies Inc)
Tenant’s Work. Landlord and To the extent Tenant acknowledge and agree that certain is required to or does, with ▇▇▇▇▇▇▇▇’s written consent, perform work required for Tenant's occupancy of on the Leased Premises, Tenant shall fully remodel the Premises, including but not limited the storefront and interior, in accordance with the criteria, procedures and schedules set as may be set forth by Landlord (“Landlord’s Criteria”), which Landlord’s Criteria is incorporated herein by this reference. “Tenant’s Work” means all work required to be performed in the Premises under this Section 3.02 (including, as set forth in the immediately preceding sentence) and all other alterations to the procurement and installation of furniturePremises made by Tenant pursuant to this Lease, fixtures, equipment, artwork and interior signage are beyond subject to the scope limitations set forth in Section 1.20 of the Tenant Improvements and shall Indenture. Tenant’s Work will be performed by Tenant or its contractors at Tenant's ’s sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall will comply with all applicable governmental laws, ordinances, rules, regulations, codes and ordinances other governmental restrictions or requirements. Tenant’s Work will be performed in a first-class and workmanlike manner, incorporating only new materials. Tenant shall commence Tenant’s Work within ten (10) days after Landlord has approved Tenant’s Plans and made possession of any governmental entity having jurisdiction over the BuildingPremises available to Tenant and Tenant has received all necessary building permits (as applicable), and complete Tenant’s Work no later than the Commencement Date. Within ten (10) days after the date of this Lease, Tenant shall identify in writing to Landlord a representative of Tenant (“Tenant Representative”) who shall have no general responsibility for the supervision, management and completion of Tenant's failure ’s Work. The Tenant Representative shall have authority to comply with such applicable lawsbind ▇▇▇▇▇▇ and Landlord may rely on any approval or instruction made by the Tenant Representative. Any and all delay If no Tenant Representative is identified in obtaining a certificate of occupancy due writing to Tenant's vendors is Landlord as the responsibility of “Tenant and Representative”, the Tenant Representative shall be a Tenant Delay.
(c) In connection deemed to be the primary person with Tenant's Work (e.g., delivering or installing furniture or equipment whom ▇▇▇▇▇▇▇▇ is dealing in regard to the second floor supervision, management and completion of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by LandlordTenant’s Work.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 2 contracts
Sources: Lease (Juniper Networks Inc), Lease Agreement (Juniper Networks Inc)
Tenant’s Work. Landlord and (a) Tenant acknowledge and agree that certain work required for Tenant's occupancy agrees, prior to the commencement of the Leased PremisesTerm of this Lease, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such , to diligently perform all work of whatever nature in accordance with Tenant's obligations set forth in Exhibit D ("Tenant's Work") and all other related work necessary to prepare for the opening to the public of Tenant's store in the Leased Premises in accordance with the provisions of this Lease. Tenant agrees to furnish to Landlord the Store Design Drawings and Working Drawings and Specifications with respect to the Leased Premises prepared in the manner and within the time periods required in Exhibit D. If such Store Design Drawings or Working Drawings and Specifications are not furnished by Tenant to Landlord within the required time period(s) in form to permit approval by Landlord, then the Fixturing Period (as described in the Data Sheet) shall be reduced by one (1) day for each day of delay by Tenant in submitting said Store Design Drawings or Working Drawings and Specifications. Landlord shall exercise reasonable efforts to respond to such Store Design Drawings or Working Drawings and Specifications submitted by Tenant pursuant to this Lease within seven (7) business days following Landlord's receipt from Tenant. In the event of Landlord's failure to respond within such seven (7) business day period, the Fixturing Period as described in the Data Sheet shall be extended by one (1) day for each day of additional delay by Landlord. Provided Tenant is not in default hereof, Landlord hereby agrees to contribute towards the cost of Tenant's Work a Construction Allowance of Ten and 00/100ths Dollars ($10.00) per square foot of floor area of the Leased Premises. The aforesaid Construction Allowance shall be paid thirty (30) days after the date Tenant opens for business in the Leased Premises, provided Tenant shall have received a Certificate of Acceptance pursuant to Exhibit D hereof and the applicable lien waivers from all contractors and subcontractors. In the event that this Lease is terminated prior to the expiration of the Term hereof, Tenant shall repay said Construction Allowance to Landlord in cash upon termination; provided, however, that Tenant's liability for said Construction Allowance shall be reduced at the rate of one-tenth (1/10th) each anniversary of the Commencement Date occurring during the Term hereof. No material deviations from the final Store Design Drawings or Working Drawings and Specifications, once approved by Landlord, shall be permitted unless necessary to comply with applicable governmental requirements. Landlord's approval of Tenant's Store Design Drawings and Working Drawing and Specifications shall not constitute the assumption of such items. Tenant's Work shall include the installation of fixtures and equipment and the stocking of the Leased Premises with suitable merchandise. Tenant covenants that all such fixtures and equipment visible to customers shall be new and otherwise acceptable to Landlord in appearance. In addition to conforming to the requirements specified in Exhibit D, all work performed by Tenant shall comply with such rules and regulations as Landlord and its representatives may make, provided that such rules and regulations are uniformly applied to all similarly situated Shopping Center tenants under construction. Unless Landlord otherwise directs in writing, Tenant shall not open the Leased Premises for business until all construction has been completed pursuant to the provisions of Exhibit D. It is further understood and agreed that: (i) Landlord shall have no responsibility or liability whatsoever for any loss of, or damage to, any fixtures, equipment, merchandise, or other property belonging to Tenant, installed or left in the Leased Premises except to the extent resulting from the negligence or intentional acts of Landlord, its agents or employees; and (ii) Tenant's entry upon and occupancy of the Leased Premises prior to the Commencement Date shall be governed by and subject to all the provisions, covenants and conditions of this Lease. Tenant shall obtain at its sole cost and immediately thereafter furnish to Landlord all certificates and approvals with respect to work done and installations made by Tenant that may be required for the issuance of a certificate of occupancy for the Leased Premises, so that such certificate of occupancy shall be issued and the Leased Premises shall be ready for the opening of Tenant's business on the Commencement Date. Upon the issuance of the certificate of occupancy, a copy thereof shall be immediately delivered to Landlord. Promptly upon the completion of its work, Tenant, at Tenant's cost, shall repair, clean and restore all portions of the Shopping Center affected by Tenant's Work to their prior condition.
(b) The interest of Landlord in the Leased Premises and the Retail Development shall not be subject to liens for improvements made by or on behalf of Tenant. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work estate in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord Leased Premises or the Contractor in Retail Development to any lien or liability under applicable law. In the Building. Any costs incurred by Landlord event that any mechanic's, materialman's or other lien or any notices of claim, including without limitation, stop notices (herein "lien") is filed against the Leased Premises or Retail Development as a result of any interference with Landlord's operations by work, labor, services or materials performed or furnished, or alleged to have been performed or furnished to or for Tenant or to or for anyone holding the Leased Premises through or under Tenant, Tenant, at its contractors expense, shall cause the lien to be discharged or fully bonded to the satisfaction of Landlord within thirty (30) days after notice of the filing thereof. If Tenant fails to discharge or bond against said mechanic's, materialman's or other lien, Landlord may, in addition to any other remedies Landlord may have, but without obligation to do so, bond against or pay the lien without inquiring into the validity or merits of such lien and all sums so advanced, including reasonable attorney fees incurred by Landlord in defending against such lien, procuring the bond or in the discharge of such lien, shall be promptly paid by Tenant on demand as additional rent. It shall be Tenant's continuing obligation to Landlord upon demand. Landlord shall make keep and maintain the Leased Premises and all reasonable efforts to notify Tenant other parts of the Retail Development free from any and all liens arising out of any such interference work performed, materials furnished or obligations incurred by or for Tenant in connection with the Leased Premises. In addition, Tenant shall replace any bonds posted by Landlord pursuant hereto with a suitable bond of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit equivalent amount within twenty (20) days after Landlord's right to demand payment for such coststherefor. Tenant's contractors shall be , subject to Landlord's prior written approvalconsent not to be unreasonably withheld, conditioned or delayed, may grant a security interest, encumber or pledge its equipment, personal property, inventory and movable trade fixtures located on or about the Leased Premises, with respect to financing which benefits this store location. In no event, however, shall Tenant be permitted to mortgage, hypothecate, encumber or pledge the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors leasehold interest in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant DelayLeased Premises.
(c) In connection Upon the expiration of each five (5) year period of the Term of this Lease, Tenant shall, within thirty (30) days after direction from Landlord, submit drawings and specifications showing the work to be performed by Tenant to completely refurbish the interior portions of Leased Premises. Tenant shall not be required, pursuant to this Section 3.3(c), to reconstruct the Leased Premises. The work required of Tenant hereunder shall specifically include work with Tenant's Work (e.g., delivering or installing furniture or equipment respect to the second following items: wall covering, floor covering, ceiling, storefront sign and surfaces visible to customers. Tenant will cause such work to be performed not later than ninety (90) days following the date of Landlord's direction in accordance with drawings and specifications approved by Landlord specifying the refurbishing work to be done by Tenant. All such work shall be carried out in accordance with the provisions of this Lease, including the provisions of this Section 3.3 governing construction of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 2 contracts
Sources: Lease Agreement (Play Co Toys & Entertainment Corp), Lease Agreement (Play Co Toys & Entertainment Corp)
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy At least fifteen (15) days prior to Substantial Completion of the Leased PremisesLandlord’s Work, including Tenant at its own risk and expense and at no cost to Landlord, shall have the right to enter the Building and Additional Expansion Space to install Tenant’s Cabling and Tenant’s furniture, decorations, furnishings, trade fixtures and equipment (“Tenant’s FF&E”) in the Additional Expansion Space necessary for conduct of its business as permitted in the Lease. All such installation of Tenant’s FF&E and all other work performed by Tenant in or for the Additional Expansion Space (“Tenant’s Work”) shall be performed in compliance with all provisions and requirements of this Lease including, but not limited to the procurement to, Section 3 and installation of furnitureSection 6 thereof, fixturesand using qualified, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its licensed contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject reasonably acceptable to Landlord's prior written approval. Tenant shall adopt a construction schedule for not engage any labor to perform Tenant's ’s Work in conformance which conflicts with the Contractor's scheduletype of labor engaged by Landlord to perform Landlord’s Work or any other work in the Building, and Tenant shall cease use of any such conflicting labor immediately on Landlord’s request. Tenant shall perform Tenant's ’s Work in such a way manner so as not to hinder damage, delay or delay the operations of Landlord or the Contractor in the Buildinginterfere with Landlord’s Work. Any costs incurred by Landlord as a result of any interference with damage to Landlord's operations ’s Work or to the Additional Expansion Space caused by Tenant or and/or its contractors Permittees shall be promptly paid repaired by and at the sole expense of Tenant. Any failure of Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure and/or its Permittees to comply with the terms of this Section shall be deemed a Tenant Delay for purposes of the Lease, as modified by this Amendment. Tenant shall not commence performance of any work or installation of any of its property in the Additional Expansion Space, nor apply for any permits that would delay Landlord’s Work or acquisition of permits therefor, until notified in writing by Landlord that Tenant may commence such applicable lawsactivities. Any and all Landlord will not unreasonably withhold, condition or delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of such notification. Tenant and shall be a Tenant Delayits Permittees will fully cooperate in (and not interfere with or delay) Landlord’s Work.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Tenant’s Work. Landlord Tenant, at its sole cost and Tenant acknowledge and agree that certain expense, shall perform all work (other than Landlord's Work) in accordance with the terms of this Rider as required for to put the Premises in a condition to permit the conduct of Tenant's occupancy business therein and in accordance with the requirements of the Leased Premises, including but not limited this Lease.
A. When Landlord's Work has proceeded to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond point where the scope of work described in the Tenant Improvements and shall Working Drawings to be performed by Tenant or its contractors at and the installation of Tenant's sole cost trade fixtures and expense. All such work equipment in the Premises (collectively "Tenant's Work") can, in the opinion of Landlord, be commenced in accordance with good construction practice, Landlord shall notify Tenant to that effect. After such notice, Tenant shall have the right to occupy the Premises for the purpose of performing Tenant's Work so far as its occupancy is not inconsistent with Landlord's Work or any work to be done in the Building by Landlord, subject to all the terms and condition of this Lease, except that the payment of Rent by Tenant shall not commence until the Premises are Ready for Occupancy. All work by Tenant shall be performed in accordance with and be subject to the terms and conditions of Article 10 of the Lease.
B. Tenant acknowledges that entry onto the Premises when the Premises are not Ready for Occupancy entails a risk of personal injury, death, or damage, destruction, loss or misappropriation of property. To the extent not expressly prohibited by law, Tenant hereby assumes all such risks for entry onto the Premises, and agrees to defend and hold harmless Landlord (its agents, contractors, employees and any lessor under any ground or underlying lease) against all costs and expenses, including reasonable attorneys' fees in connection therewith, arising out of any personal injury, death, or damage, destruction, loss or misappropriation of property related to entry onto the Premises by Tenant or its agents, employees, contractors, invitees or subtenants prior to such time as the Premises are Ready for Occupancy, except to the extent such costs or expenses arise out of the negligence or willful misconduct of Landlord, its employees, agents or representatives (it being expressly understood that for purposes of this Lease, Landlord's prior written approval. contractors, subcontractors and their employees shall not be considered employees, agents or representatives of Landlord).
C. Tenant shall adopt a construction schedule be solely responsible to determine at the site all dimensions of the Premises and the Building which affect any work to be performed by Tenant hereunder.
D. Neither review nor approval by Landlord of any plans or specifications for Tenant's Work in conformance or any other work to be performed by Tenant shall constitute a representation or warranty by Landlord that any of such plans or specifications either (i) are complete or suitable for their intended purpose, or (ii) comply with applicable laws, ordinances, codes and regulations, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or to any other person or entity for such completeness, suitability, or compliance.
E. Once approved by Landlord, Tenant shall not make any changes, modifications or additions to the Contractor's schedule, any plans and shall perform specifications submitted to Landlord for Tenant's Work in such a way as not to hinder or delay any other Leasehold Improvements without the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision consent of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Tenant’s Work. Landlord In the event Tenant desires to perform any work in order to prepare the Premises for Tenant’s occupancy, such work shall be completed in accordance with plans and specifications submitted to and approved by Landlord, and Tenant acknowledge and agree that certain shall perform all such work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's ’s sole cost and expenseexpense (collectively, the “Tenant’s Work”). Landlord shall permit Tenant and Tenant’s agents or independent contractors to enter the Premises prior to the Commencement Date for the limited purpose of allowing Tenant to conduct and install Tenant’s Work. Such entry by Tenant shall be subject to the condition that (i) Tenant shall maintain, in full force and effect, the insurance policy or policies required under the Lease; and (ii) Tenant shall pay for any utilities required solely by Tenant in connection with Tenant’s access to the Premises. Tenant agrees that any such entry into the Premises for the limited purposes of the Tenant’s Work shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, except as to the covenant to pay Rent. Tenant further agrees that to the extent permitted by law, Landlord and its principals shall not be liable in any way for any injury or death to any person or persons, loss or damage to any of Tenant’s Property (as hereinafter defined) or installations made in the Premises or loss or damage to property placed therein prior to the Commencement Date, the same being at Tenant’s sole risk, except that Landlord (and not its principals) may be liable to Tenant but only to the extent of its willful misconduct or gross negligence. All such work ("Tenant's Work") of the foregoing shall be subject to Landlord's prior written ’s reasonable approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors Such access shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried scheduling by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. but Landlord shall have no responsibility for Tenant's failure make reasonable efforts to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs ’s schedule for such services as may be charged by Landlordwork.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Tenant’s Work. So long as Landlord has approved Tenant's Plans in writing, as hereinabove referenced, Landlord and Tenant acknowledge and agree that certain work required for Landlord's general contractor will construct the tenant improvements set forth on the Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work Plans (hereinafter "Tenant's Work") with respect to the Premises at cost (as hereinafter defined), plus a Landlord's contractor's fee of five and one half percent (5 1/2%) of such aggregate cost as hereinafter provided. In order to provide for payment by Tenant of the cost of Tenant's Work, the Net Additional Cost of Landlord's Work, and any additional costs due to Change Orders provided for hereunder, Tenant expressly covenants with Landlord that Tenant agrees to pay Landlord, or its contractor, as the case may be, within ten (10) business days of receipt of each of Landlord's monthly Tenant's Work requisitions therefor, the amount of such requisition for the Tenant's Work, the Net Additional Cost of Landlord's Work, and/or any Change Orders, performed in the Premises for the preceding month based on a percentage of completion basis. Such requisitions shall not include the five (5%) percent retainage of all payments to be made to subcontractors until such subcontractors have fully completed their work. At Tenant's request, each requisition shall include copies of all subcontractor's and supplier's applications for payment and satisfactory evidence of payment of all previous invoices submitted by subcontractors and suppliers. In addition, Landlord's architect shall certify that the subject work specified in each of such monthly requisitions has been substantially completed, and a copy of such certification shall accompany each requisition furnished to Tenant hereunder. In the event Tenant's Architect disagrees with the Landlord's architect's certification as set forth in the immediately preceding sentence, then such disagreement shall be subject resolved pursuant to the provisions of Section 3.6 hereof except that the time for each architect to establish the amount in dispute shall be six (6) calendar days. In no event shall any of such costs due and payable hereunder remain unpaid by Tenant for more than fifteen (15) days after receipt of such Landlord's requisition, or as of the Term Commencement Date. For purposes hereof, Landlord and Tenant further agree that the certification of cost by Guti▇▇▇▇▇ ▇▇▇struction Co., Inc. shall be based on the definition of cost as more particularly set forth in Exhibit L hereto. Any changes to the Tenant's Plans after the approval of the Tenant's Plans (and any changes to Landlord's prior written approval. Plans after the approval thereof as set forth in Section 3.1 above) shall be in accordance with the form of Change Order attached hereto as Exhibit K. In addition, in the event that Landlord and Tenant shall adopt a construction schedule for are unable to agree on the cost of any portion of Tenant's Work in conformance with hereunder, any disagreement shall be resolved pursuant to the Contractor's schedule, and shall perform provisions of Section 3.6 hereof. Upon commencement of the Tenant's Work Work, Landlord and Tenant hereby further agree, each acting reasonably and in such a way as not good faith, to hinder or delay the operations of Landlord or the Contractor attend and participate in the Building. Any costs incurred by Landlord as a result of any interference weekly construction meetings with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any general contractor's construction manager(s) during such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Workconstruction process.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval1. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in a good and workmanlike manner, in accordance with Tenant's plans and specifications, in compliance with all applicable federal, state and municipal laws and regulations. To complete the Tenant's Work, Tenant will enter into a construction contract ("Tenant's Contract") with Schultz- Angelo ▇▇▇▇truction Company ("Tenant's Contractor"), who Tenant certifies to be a licensed Florida general contractor. Tenant shall furnish to Landlord true and correct copies of Tenant's Contract, and any modifications or amendments thereto.
2. All proceeds of the Tenant's Improvements Allowance shall be disbursed by Landlord in checks jointly payable to Tenant and Tenant's Contractor or, at Tenant's written direction, to such other parties as are rendering construction related services.
3. Each request for an advance of proceeds of the Tenant Improvements Allowance shall be on AIA Form G702 or G703, accompanied by receipted invoices for all portions of Tenant's Work which have been paid prior to the request for such advance, and by invoices not receipted with respect to costs of the Tenant's Work which are due and payable, but which have not been paid. Each such request shall also be accompanied by a way as not certificate of the Tenant, Tenant's Contractor and Tenant's Architect that all bills for labor, materials and services then incurred and payable in connection with the Tenant's Work have been paid or will be paid from the advance being requested; that all work and materials are in accordance with Tenant's plans and specifications; that such request for advance is in accordance with the draw schedule and other terms and conditions of Tenant's Contract except that draws shall be made no more frequently than monthly; that all certifications and approvals which may be necessary or customary at such stage of construction have been received; and that all work has been done according to hinder all applicable laws, regulations, building codes, covenants and restrictions and in a good and workmanlike manner, together with lien waivers from any contractor, subcontractor, sub-subcontractor, laborer or delay materialman furnishing labor, services or materials in connection with Tenant's Work. Landlord will pay each requested advance within fifteen (15) days after receipt of the operations foregoing documentation.
4. Tenant acknowledges and agrees that all disbursements of the proceeds of the Tenant Improvements Allowance by Landlord to Tenant and/or Tenant's Contractor are being made at Tenant's request and for Tenant's convenience, and Landlord shall have no responsibility or obligation to see to the application of such funds by Tenant's Contractor, or to otherwise oversee or monitor Tenant's Work, and Tenant agrees to indemnify and hold harmless Landlord against any claims by Tenant's Contractor or other any other parties in connection with the construction of Tenant's Work disbursement obligations of Landlord or hereunder.
5. Tenant and Tenant's Contractor shall at all times comply with Chapter 713, Florida Statutes, regarding construction liens, as the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall same may be promptly paid by Tenant amended from time to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such coststime.
6. Tenant's workmen and contractors shall be subject work in harmony with, and not interfere with, labor employed by Landlord, Landlord's workmen or contractors, or by any other tenant or their contractors.
7. Tenant and Tenant's contractors and workmen shall maintain Workmen's Compensation, public liability insurance, builder's risk and property damage insurance, with hold-harmless provisions, all in amounts and with companies in a form satisfactory to Landlord's prior written approval, and Tenant shall provide certificates of such insurance to the administrative supervision of the ContractorLandlord, with Landlord designated as an additional insured.
8. Tenant's Work shall comply with all of entry onto the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and in connection with the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) construction of Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall deemed to be furnished to Landlord before such work is commenced. In any event, under all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises)terms, Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord covenants, provisions and shall pay such reasonable costs for such services as may be charged by Landlordconditions of this Lease.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Tenant’s Work. On or before the Delivery Date, Landlord shall cause to be delivered to Tenant an accurate and Tenant acknowledge complete set of all as-built drawings and agree that certain work required for Tenant's occupancy of architectural plans and specifications with respect to the Leased Premises, including but not limited to the procurement a utilities plan and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedulefinished floor elevation, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledgemechanical, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, electrical and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed other plans and specifications and information (the “Shell Information”) pertaining to or used in connection with the construction of the Premises necessary for Tenant's ’s architect to prepare plans for Tenant’s initial improvement work at the Premises (“Tenant’s Work.
(b) ”). Tenant's ’s Work shall be performed in conformity compatible with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall the Shell Information and must comply with all applicable laws, ordinances and building codes (including, without limitation, the Americans With Disabilities Act of 1990, the Florida Americans With Disabilities Accessibility Implementation Act, and ordinances the related implementing regulations, codes, rules and accessibility guidelines, as such acts and related regulations, codes, rules and guidelines may be amended from time to time (collectively, the “ADA”)). Tenant shall have the right, without payment of rent or any other charges, after the Execution Date and prior to the Delivery Date, whenever Tenant shall deem it appropriate, to enter the Premises to inspect the same and, at Tenant’s election, to commence Tenant’s Work; provided, however, that prior to the Delivery Date, any entry onto the Premises shall be at Tenant’s own risk and coordinated with Landlord so as to minimize any interference or disruption to Landlord’s Work. No such entry shall be deemed as Tenant’s acceptance of the Premises, nor shall Tenant be deemed to have assumed control of the Premises by so entering the Premises. All work performed in the Premises by the Tenant shall be done in a good and first-class workmanlike manner and free of any governmental entity having jurisdiction over liens on Landlord’s fee simple interest or on Tenant’s leasehold interest in the Premises. Any modifications to the Building’s structural, mechanical, electrical, plumbing components shall be approved by Landlord prior to Tenant constructing Tenant’s Work, which approval shall not be unreasonably withheld, delayed or conditioned. All costs associated with such approved modifications shall be the sole responsibility of Tenant. Landlord agrees to do, execute, acknowledge and deliver all such further acts, instruments and assurances and to take all such further action (all at no cost to Landlord) as shall have no responsibility for be necessary or desirable to fully consummate and effect the completion of Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of ’s Work, including, but not limited to, providing Tenant and shall be a Tenant Delay.
(c) In connection Tenant’s employees, agents, contractors and licensees with Tenant's Work (e.g., delivering or installing furniture or equipment full and complete access to the second floor Building and the Common Property surrounding the Building at all times from and after the Delivery Date. In the event that, in the course of the Leased Premises)completing Tenant’s Work, Tenant experiences any interference, interruption, delay or disturbance that is caused by Landlord or any party claiming by, through or under Landlord, rent shall a▇▇▇▇ on a per diem basis in proportion to such interference, interruption, delay or disturbance. Upon completion of Tenant’s Work, Tenant, at its contractors expense, shall arrange install its furniture, trade fixtures, and equipment so that Tenant can occupy the Premises for any necessary hoisting or elevator service with Landlord the use and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) purpose intended. Promptly following completion of Tenant’s Work, Tenant shall promptly pay deliver to Landlord upon demand a complete set of “as built” drawings for any extra expense incurred by Landlord by reason the Premises detailing all of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractorsTenant’s Work.
Appears in 1 contract
Tenant’s Work. Landlord 4.1 Any items or work not shown in the approved Final Plans and Specifications, such as telephone service, furnishings 0 r floor coverings, for which Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work contracts separately (hereinafter "Tenant's Work") ), shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, policies and schedules and shall perform Tenant's Work be conducted in such a as way as not to hinder hinder, cause any disharmony with, or delay the operations of Landlord or the Contractor work in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costsBuilding(s). Tenant's contractors suppliers, contractors, workmen and mechanics shall be subject to pproval by Landlord prior to the commencement of their work :nd shall be subject to Landlord's prior written approvaladministrative control while performing their work. If at any time any supplier, and to the administrative supervision of the Contractor. contractor, work▇▇▇ ▇▇ mechanic performing Tenant's Work shall comply with all hinders or delays any other work in the Building(s) or performs any work which may or does impair the quality, integrity or performance of any portion of the following requirements:
(aBuilding(s), Tenant shall cause such supplier, contractor, work▇▇▇ ▇▇ mechanic to leave the Building(s) and remove all his tools, equipment and materials immediately upon Landlord's notice delivered to Tenant. Tenant shall reimburse Landlord for any repairs or corrections of Landlord's work or of Tenant's Work or of any portion of the Building(s) caused by or resulting from the work of any supplier, contractor, work▇▇▇ ▇▇ mechanic with whom Tenant contracts. Tenant shall not proceed until Landlord has approved in writing: (i) bear the cost of Landlord's expenses resulting from the performance of Tenant's contractorswork, (ii) proof including without limitation the cost of the amount hoisting, cleaning, security, administration and coverage coordination by Landlord or Landlord's contractor. Tenant shall reimburse Landlord for Landlord's reasonable costs for design reviews and approvals and reviews of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractorconstruction progress, and for the agents cost of Landlord all utilities and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications services provided by Landlord to or for the Premises during the performance of Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due provide access to Tenant's vendors is the responsibility of Tenant suppliers, contractors, workmen and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment mechanics so as to the second floor achieve timely completion and occupancy of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Standard Triple Net Industrial Lease (Telco Systems Inc /De/)
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy agrees to accept the Leased Property in its present "AS IS" condition. Further alterations of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall Property will be performed by Tenant or its contractors at Tenant's sole cost expense (unless otherwise stated in this Lease) and expense. All such work ("deemed to be Tenant's Work". Tenant and Landlord shall approve and attach an Exhibit “D” (“Plan of Work”) to this Lease that shall include any drawings, statements of items being provided by Tenant and Landlord in the Leased Property and any other necessary items that are needed to clarify Tenant and Landlord responsibilities for the condition of the Leased Property at the Commencement Date. Both Tenant and Landlord shall approve the Plan of Work as soon as possible following the execution of this Lease. Both Tenant and Landlord must approve any changes to the Plan of Work, in writing, prior to proceeding with the changes. Approval of plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord for their accuracy or sufficiency or conformity with applicable laws, and Tenant shall be subject to Landlordsolely responsible for such plans and specifications and for all of Tenant's prior written approvalWork. Tenant shall adopt a construction schedule for not commence any of Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Exhibit "D." Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor taking possession of the Leased Premises)Property shall be conclusive evidence of Tenant's acceptance thereof in good order and satisfactory condition. Tenant agrees that Landlord has made no representations as to conformance with applicable laws respecting the condition of the Leased Property or the presence or absence of Hazardous Materials (hereinafter defined) in, at, under or abutting the Leased Property or the environment. Tenant also agrees that no representations respecting the condition of the Leased Property, no warranties or guarantees, expressed or implied, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, with respect to workmanship or any defects in material, and no promise to decorate, alter, repair or improve the Leased Property either before or after the execution hereof, have been made by Landlord or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlordagents to Tenant unless the same are contained herein.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Lease Agreement (Endocyte Inc)
Tenant’s Work. Prior to the Commencement Date, commencing on the date this Lease is fully executed, Landlord shall permit Tenant and Tenant's representatives to enter the Premises so that Tenant acknowledge and agree that certain may do such work as may be required by Tenant make the Premises ready for Tenant's use and occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant(excluding Landlord's sole cost and expense. All such work Work) ("Tenant's Work") , as generally outlined in Exhibit C. Such permission shall be subject to all the terms of this Lease except Tenant's obligation to pay Base Rent and Operating Costs. Tenant acknowledges and agrees that Landlord is not liable in any way for any injury, loss, or damage which may occur to Tenant, its agents, contractors, employees, or invitees or to Tenant's Work and installations made in the Premises, except injury, loss or damage arising from Landlord's prior written approvalnegligence or intentional acts, all of the same being at Tenant's sole risk. Tenant acknowledges that Landlord will be conducting Landlord's Work in the Premises and other work in the Project concurrently with Tenant's Work, and Tenant and Landlord each agrees to reasonably cooperate with the other in order to avoid interference with the other party's construction activities. Tenant shall adopt a construction schedule have the right to perform the initial Tenant's Work and any other alterations or installations 24 hours per day, seven days per week, 365 days per year from the date of this Lease throughout the Term, and shall have reasonable access to the parking areas, roof, loading dock and other common areas. Landlord shall not receive any profit from but may charge (pass through) reasonable fees for inspection of Tenant's Work, or any other alterations performed by Tenant, made in order to assure that such work was performed in accordance with approved plans and specifications. Landlord shall provide reasonable utilities for Tenant's Work in conformance with the Contractor's schedule, and shall perform use during Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in construction at no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due cost to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Lease (Inflow Inc)
Tenant’s Work. Landlord Promptly after approval of Tenant’s Plans, the Tenant shall commence and exercise all reasonable efforts to complete the work specified therein (‘Tenant’s Work”). All Tenant’s Work shall be completed in accordance with the approved Tenant’s Plans and the requirements for alterations and improvements made by or on behalf of Tenant acknowledge set forth in this Lease. Copies of all permits and agree that certain work approvals required for Tenant's occupancy of the Leased Premises, including but not limited ’s Work shall be furnished to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and Landlord promptly upon receipt thereof. Tenant’s Work shall be performed by a general contractor approved by the Landlord, under a written construction contract providing for payment, performance and ▇▇▇▇ ▇▇▇▇▇ in the full amount of the contract sum; provided, however, that the Tenant or its may have Tenant’s Work competitively bid by several general contractors at Tenant's sole cost approved in advance by the Landlord and expense. All the Tenant may select among such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with general contractors the Contractor's schedule, and shall general contractor that will perform Tenant's Work in such a way as ’s Work. The approval by the Landlord of the Tenant’s general contractor shall not impose upon the Landlord any responsibility or liability whatsoever to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord Tenant as a result of any interference with Landlord's operations by Tenant of, or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledgearising out of, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision defaults or other acts or omissions of the Contractorgeneral contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a A copy of which all required bonds and certificates of insurance required by this Lease shall be furnished to the Landlord before such work is commencedprior to commencement of construction and installation of Tenant’s Work. In addition, the Landlord may monitor the progress of Tenant’s Work, including, without limitation, attend any eventweekly or other periodic job meetings. The Landlord shall provide the Tenant with no less than twenty four hours prior notice before it enters the Premises to review Tenant’s Work, all except in the event of an emergency, when no such notice shall be required. Any review and monitoring of Tenant's ’s Work by the Landlord shall comply with all applicable lawsnot impose upon the Landlord any responsibility or liability whatsoever to the Tenant as a result of, codes and ordinances or arising out of, Tenant’s Work. Within forty-five (45) days of completion of any governmental entity having jurisdiction over Tenant’s Work in accordance with the Buildingapproved plans and specifications, the Tenant shall provide to the Landlord “as-built” plans showing precisely how and where Tenant’s Work was actually installed. The Tenant shall provide the Landlord shall have no responsibility with copies of any certificates of occupancy for any Tenant's failure to comply with such applicable laws. Any and all delay in obtaining ’s Work that requires a certificate of occupancy due to reasonably promptly after completion of any portion of Tenant's vendors is the responsibility of Tenant and ’s Work. Nothing herein shall be a construed as permitting the Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering to occupy all or installing furniture or equipment to the second floor any portion of the Leased Premises), Premises for which the Tenant has not obtained a certificate of occupancy or its contractors shall arrange for any necessary hoisting or elevator service otherwise failed to comply with Landlord and shall pay such reasonable costs for such services legal requirements as may be charged by Landlordset forth herein.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Assignment and Assumption of Lease Agreement (Tangoe Inc)
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof improvement of the amount Leased Premises substantially as set forth in, contemplated by, and coverage of public liability and property damage insurance carried by reasonably inferable from the Approved Plan is referred to as "Tenant's contractors Work." Notwithstanding the foregoing, Tenant may install, but shall not be required to install, any sprinklers in the form Building that may be described in the Approved Plan unless their installation is required by the municipality in which the Leased Premises is located. Tenant shall begin construction of an endorsed insurance certificate naming Landlord, Tenant's Work promptly after the Contractor, Delivery of Possession and the agents issuance of Landlord all permits and approvals for the Contractor construction of Tenant's Work have occurred. After commencement and so long as additional insuredssuch permits and approvals remain in effect, Tenant shall diligently prosecute the construction of Tenant's Work in an amount a good and workmanlike manner and in compliance with all applicable legal requirements (including any applicable permits and approvals or directions of governmental authorities) substantially in accordance with the Approved Plan until it has been completed. In the performance of Tenant's Work, Tenant shall not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenantunreasonably interfere with the performance of Landlord's Work.
(bii) Tenant represents and warrants to Landlord that all of Tenant's Work will be of good workmanship and quality and will comply in all material respects with all legal requirements, and Tenant shall be performed in conformity with a valid permit when promptly repair (and replace if reasonably required, a copy ) any part of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall that does not comply with all applicable lawsthese representations and warranties during the term of this Lease. The same Tenant warranties, codes representations, repair and ordinances replacement requirements shall apply to any repairs or replacements or alterations performed by Tenant as apply to the original Tenant's Work. Notwithstanding the foregoing, Tenant shall not be obligated to perform any repair or replacement, including a repair or replacement of any governmental entity having jurisdiction over alteration, if the Building. Landlord shall have no responsibility for Tenantneed therefor was caused by Landlord's failure to comply with such applicable laws. Any and all delay in obtaining a certificate negligence, gross negligence, intentional misconduct, or breach of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delaythis Lease.
(cb) In connection with Notwithstanding anything in this Lease to the contrary, Tenant is not required to perform Tenant's Work (e.g., delivering or installing furniture or equipment at any time that Landlord is in material default of its obligations pursuant to this Lease. Material defaults by Landlord include the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.following:
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred i). An Event of Default by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.under this Lease;
Appears in 1 contract
Sources: Lease Agreement (Balchem Corp)
Tenant’s Work. Landlord Tenant, at its sole cost and Tenant acknowledge and agree that certain work required for Tenant's occupancy of expense, shall install in the Leased Premises, including but not limited to the procurement and installation of Premises all furniture, fixturesmovable partitions, shelves, work stations, appliances, equipment, artwork trade fixtures, security systems, and interior signage are beyond other personal property required for the scope operation of Tenant’s business and shall complete all other work which may be described as “Tenant’s Work” in Exhibit B. Tenant shall commence the Tenant Improvements construction of Tenant’s Work promptly upon substantial completion of Landlord’s Work, if any, and shall diligently prosecute such construction to completion. Tenant’s Work is considered an alteration, change or addition to the Premises which has been approved by Landlord and shall be performed by Tenant or its contractors at Tenant's sole cost in accordance with the provisions of Article 10 of this Lease and expense. All such work ("Tenant's Work") shall be subject Exhibit B to Landlord's prior written approvalthis Lease. Tenant shall adopt a construction schedule obtain, at its own expense, such licenses, permits, and other governmental approvals necessary to complete Tenant’s Work and operate Tenant’s business, including, but not limited to, the payment of any fees to the City in which the Premises is located required for Tenant's Work in conformance with ’s use of the Contractor's schedulePremises as contemplated by this Lease. Upon request, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by may permit Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. commence Tenant's contractors shall be subject ’s Work prior to Landlord's prior written approval, and to the administrative supervision ’s delivery of possession of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: Premises, provided that (i) Tenant's contractors’s activities do not interfere with Landlord’s contractor or other tenants of the Complex, (ii) proof Landlord shall not be liable to Tenant for damage to or loss of Tenant’s fixtures, equipment or furnishings, Tenant accepting the amount and coverage of public liability and property full risk for such damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlordor loss, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollarsif any, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work Tenant shall comply with all applicable laws, codes and ordinances provisions of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delaythis Lease.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Office Lease (Dance Biopharm, Inc.)
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or at its contractors at Tenant's sole cost and expense. All such work expense shall ("Tenant's Work"i) furnish and install trade fixtures, (ii) furnish and install all phone and data cabling, and (iii) furnish and install its exterior sign, which shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule agrees to fully cooperate with Landlord relative to the design of and selections for Tenant's Work each individual suite in conformance with the Contractor's scheduleLeased Premises. Tenant covenants to indemnify Landlord and/or its agents, and shall perform Tenant's Work hold it harmless from and against any and all claims, actions, damages, liability and expenses, including reasonable attorneys' fees, in such a way as not connection with loss of life, personal injury and/or damage to hinder property arising from or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result out of any interference with Landlord's operations occurrence in, upon or at the Leased Premises or any part thereof arising from or out of any work performed or undertaken by Tenant. All work to be done by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) , or any subsequent alterations, repairs and/or replacements performed by Tenant's Work , shall be performed in conformity accordance with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.following:
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty A. All work done by Tenant shall be pursuant to and in accordance with all necessary licenses and permits which Tenant shall obtain at its sole expense. Such work shall conform to all applicable statutes, ordinances, regulations and codes and to the requirements of all other regulatory authorities. Tenant shall protect Landlord's and/or other adjoining premises from construction damage and Tenant shall be liable therefore. All contractors or its contractorssubcontractors used by Tenant shall be bondable, licensed contractors capable of performing quality workmanship. Tenant shall use first class materials in the completion of Tenant's Work. At least five (5) days prior to the commencement of Tenant's work, Tenant shall provide Landlord, by reason certified or registered mail, with the name and address of damage to existing work caused by Tenant or its contractorsTenant's general, or by reason of inadequate cleanup by Tenant or its mechanical and electrical contractors.
Appears in 1 contract
Tenant’s Work. Landlord and (a) Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premisesshall, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or at its contractors at Tenant's sole cost and expense. All such work expense and in accordance with the terms of this Lease, perform and with due diligence complete its infill and tenant improvements to the Leased Premises ("“Tenant's ’s Work") shall be subject to Landlord's prior written approval”). Tenant shall adopt a construction schedule for obtain all permits and approvals necessary with respect to Tenant's ’s Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all legal requirements related thereto. All items of Tenant’s Work (including infill and improvements) shall become the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord upon the expiration or earlier termination of this Lease, subject to the provisions of Sections 14 and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work27 hereof.
(b) Tenant's ’s Work shall be performed (i) in conformity with a valid permit when requiredgood and workmanlike manner using quality materials; (ii) by duly qualified, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply licensed and bondable persons; (iii) in accordance with all applicable laws, ordinances, codes and ordinances insurance company requirements; and (iv) in accordance with the provisions of any governmental entity having jurisdiction over the Buildingthis Lease. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and ’s Work shall be a Tenant Delaysubject to Landlord’s inspection and approval during and after completion to determine whether the same complies with the foregoing requirements.
(c) In connection with Tenant shall not open its business operations on the Leased Premises until all of Tenant's ’s Work (e.g., delivering or installing furniture or equipment to has been substantially completed and a certificate of occupancy for the second floor Leased Premises has been issued. Upon issuance of the Leased Premises)certificate of occupancy, Tenant or its contractors a copy thereof shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by promptly delivered to Landlord.
(d) During the performance of Tenant’s Work, Tenant shall, at its expense, carry or cause its contractor to carry “Builder’s Risk” insurance in customary reasonable amounts acceptable to Landlord covering the performance of the same and, to the extent customary in the jurisdiction in which the Leased Premises is located, naming Landlord as an additional insured. A copy of such Builder’s Risk policy shall be delivered to Landlord upon request.
(e) Tenant shall promptly pay indemnify, defend and hold Landlord upon demand for harmless from and against any extra expense incurred by Landlord by reason and all liabilities, losses, damages, costs, expenses (including, without limitation, reasonable attorney fees), causes of faulty work done by Tenant or its contractorsaction, by reason suits, liens, claims, demands and/or judgments of damage any nature arising with respect to existing work caused by Tenant or its contractors, or by reason the performance of inadequate cleanup by Tenant or its contractorsTenant’s Work.
Appears in 1 contract
Sources: Lease With Option to Purchase (Bluegreen Vacations Corp)
Tenant’s Work. Landlord Any items or work not shown in the Final Plans and Specifications approved as provided in Paragraph 5, including, for example, telephone or telecommunications service or furnishings, for which Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the contracts separately (hereinafter) "Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") ), shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, reasonable policies and schedules and shall perform Tenant's Work be conducted in such a way as not to hinder hinder, cause any disharmony with or unreasonable or substantial delay the operations work of Landlord or the Contractor improvement in the Building. Any costs incurred Tenant's major suppliers, contractors, workmen and mechanics shall be subject to approval by Landlord as a result not to be unreasonably withheld prior to the commencement of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors their work and shall be subject to Landlord's prior written approval, administrative control while performing their work. Tenant shall cause its suppliers and contractors to the administrative supervision of the Contractor. Tenant's Work shall comply engage only labor that is harmonious and compatible with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved other labor working in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate In the event of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged labor disturbance caused by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done persons employed by Tenant or its contractorsTenant's contractor, by reason Tenant shall immediately take all actions necessary to eliminate such disturbance. At any time any supplier, contractor, workmen or mechanic performing Tenant's work hinders or delays any other work of damage improvement in the Building or performs any work which may or does substantially impair the quality, integrity or performance or any portion of the Building, Tenant shall cause such supplier, contractor, ▇▇▇▇▇▇▇ or mechanic to existing leave the Building and remove all his tools, equipment and materials immediately upon written notice delivered to Tenant and Tenant shall reimburse Landlord for any repairs or corrections of the Tenant Improvements or Tenant's work or of any portion of the Building caused by or resulting from the work of any supplier, contractor, ▇▇▇▇▇▇▇ or mechanic with whom Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractorscontracts.
Appears in 1 contract
Sources: Triple Net Laboratory Lease (Dynavax Technologies Corp)
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required that Tenant may perform for Tenant's ’s occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's ’s sole cost and expense. All such work ("“Tenant's ’s Work"”) shall be subject to Landlord's ’s prior written approvalapproval in its reasonable discretion. By prior arrangement with Landlord’s property manager, Tenant shall be permitted access to the Leased Premises per the schedule attached hereto as Exhibit B, in order to perform the Tenant’s Work, and Tenant shall adopt a construction construction/installation schedule for Tenant's ’s Work in conformance with the Contractor's ’s schedule, and shall perform Tenant's ’s Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's ’s operations by Tenant or its contractors shall be promptly deducted from the Landlord Fund (to the extent remaining), or if the Landlord Fund has been depleted, shall be paid for by Tenant to as Excess. Landlord upon demandshall give Tenant prompt notice of such excess costs together with reasonable supporting documentation. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's ’s contractors shall be subject to Landlord's ’s prior written approval, and to the administrative supervision of the Contractor. Tenant's ’s Work shall comply with all of the following requirements:
(a) Tenant's ’s Work shall not proceed until Landlord has approved in writing: (i) Tenant's ’s contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's ’s contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's ’s Work.
(b) Tenant's ’s Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's ’s Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's ’s failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy or a sign-off on the building permit card due to Tenant's ’s vendors is the responsibility of Tenant and shall be a Tenant Tenant’s Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Building B Bridge Space Lease (Palo Alto Networks Inc)
Tenant’s Work. Landlord Tenant shall do no work in or to the premises in preparation for initial occupancy hereunder. Any work done by the Tenant shall be done in a good and Tenant acknowledge workmanlike manner in accordance with "plans and agree that certain work required for specifications" (as hereinafter defined) which have Landlord's written approval prior to the commencement of Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approvalwork. Tenant shall adopt a construction schedule furnish and install any and all necessary trade fixtures, equipment and other items necessary for the proper conduct of Tenant's Work business. "Plans and Specifications", as used in conformance this Section V(b) and in Section XIV shall mean documents and drawings sufficient for contract bidding and work completion. All of the foregoing work and all work Tenant may undertake pursuant to Section XIV of this lease shall be done in accordance with all laws, rules, regulations and ordinances applicable thereto, including, if necessary, compliance with the Contractor's scheduleAmericans With Disabilities Act, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations acquisition by Tenant of a Town of Wilmington Building Permit. In no event shall Landlord be required to provide or its install any trade fixtures or equipment. Tenant agrees to employ for any work it may do pursuant to Sections V(b) and XIV of this lease one or more responsible contractors whose labor will work in harmony with other labor working in and on the Building and Property and with suppliers of materials for use in construction in and on the Building and Property, and especially Tenant agrees that he will not do or permit to be done anything which would cause any labor difficulty in connection with any construction in and the Building and Property. Tenant shall be promptly paid require all such contractors employed by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall carry Workmen's Compensation Insurance in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, accordance with statutory requirements and to carry Comprehensive Public Liability Insurance and Automobile Liability Insurance covering such contractors in or about the administrative supervision premises in amounts not less that Five Hundred Thousand ($500,000) Dollars combined single limits for property damage, for injury or death of the Contractormore than one person in a single accident and to submit certificates of insurance evidencing such coverage to Landlord prior to commencement of such work. Tenant's Work shall comply with Tenant agrees to indemnify and hold harmless Landlord from all claims, actions, demands and causes of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried actions occasioned by Tenant's contractors being on or about the premises or the Building or the Property of which the same form a part and from Tenant's contractors performing work in the form of an endorsed insurance certificate naming Landlordpremises. All contractors, the Contractorsubcontractors, mechanics, laborers, materialmen, and others who perform any work, labor or services, or furnish any materials, or otherwise participate in the agents labor or services, or furnish any materials, or otherwise participate in the improvement of Landlord the premises shall be and are hereby given notice that Tenant is not authorized to subject Landlord's interest in the Contractor as additional insuredspremises to any claim for mechanics', in an amount not less than two million dollarslaborers' and materialmen's liens, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity all persons dealing directly or indirectly with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment may not look to the second floor of the Leased Premises), Tenant or its contractors shall arrange premises as security for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) payment. Tenant shall promptly pay save Landlord upon demand for any extra expense incurred by Landlord harmless from and against all expenses, liens, claims or damages to either property or person which may or might arise by reason of faulty work done by Tenant or its contractorsthe making of any such additions, by reason of damage to existing work caused by Tenant or its contractorsimprovements, or by reason of inadequate cleanup by Tenant or its contractorsalterations and/or installations.
Appears in 1 contract
Tenant’s Work. Landlord and (a) Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premisesagrees, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or at its contractors at Tenant's sole cost and expense. All such , to perform all work set forth in, and in accordance with, Exhibit "D" attached hereto ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs). Tenant's contractors Work, and any other work necessary to open the store for business, shall be subject to Landlord's prior written approvalcompleted, and all approvals and certificates of occupancy hereinafter described which are necessary to open the store for business to the administrative supervision public shall be obtained, by Tenant on or before the Commencement Date. Such work shall include the installation of fixtures and equipment and the stocking of the ContractorLeased Premises with suitable merchandise. Tenant's Work Tenant covenants that all such fixtures and equipment visible to customers shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until be new or otherwise acceptable to Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Workappearance.
(b) Tenant may enter the Leased Premises during normal working hours during the course of Landlord's Work for the purpose of inspecting same and taking measurements. At such time prior to the Delivery of Possession Date that Landlord's Work has progressed sufficiently to permit Tenant to perform its work without interfering with Landlord's Work, Landlord upon written notice to Tenant may, but shall not be required to, permit Tenant to enter the Leased Premises in order to begin Tenant's Work and perform such other work as may be required under this Lease in order to ready the store for opening. Throughout the period of Tenant's Work, Tenant shall schedule its work so as not to interfere with any work being performed by Landlord or by any other tenant in the Retail Development.
(c) Tenant agrees to furnish to Landlord the Working Drawings and Specifications with respect to the Leased Premises prepared in the manner and within the time periods required in Exhibit D. If such Working Drawings and Specifications are not furnished by Tenant to Landlord within the required time period in a form to permit approval by Landlord, then Landlord may avail itself of its options under Section 3.02 or in Exhibit D. Landlord's approval of Tenant's Working Drawings and Specifications or any modifications thereof shall not constitute the assumption of any responsibility by Landlord for their accuracy or sufficiency, and Tenant shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commencedsolely responsible therefor. In any eventaddition to conforming to the requirements specified in Exhibit D, all Tenant's Work work performed by Tenant shall comply with all applicable laws, codes such reasonable rules and ordinances of any governmental entity having jurisdiction over the Buildingregulations as Landlord and its representatives may make. It is further understood and agreed that: (i) Landlord shall have no responsibility or liability whatsoever for any loss of, or damage to, any fixtures, equipment, merchandise, or other property belonging to Tenant or its agents, employees and contractors, installed or left in the Leased Premises, unless such loss or damage is caused by the intentional acts of Landlord, its agents or employees; and (ii) Tenant's failure to comply with such applicable laws. Any entry upon and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises)Premises prior to the Commencement Date shall be governed by and subject to all the provisions, Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord covenants and shall pay such reasonable costs for such services as may be charged by Landlordconditions of this Lease.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Lease (Ashworth Inc)
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased PremisesIn addition, including but not limited subject to the procurement provisions hereof, Landlord agrees to perform and installation of furniturecomplete, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such , but provided that the construction and contractor fees shall be approximately up to $30,460.00 in total (including the cost of work and materials, but not including any permitting, filing fees, architect's fees nor any additional costs and expenses for work, materials, permitting and filing fees, architect's fees incurred by reason of the preparation, issuance, review and/or revision of plans, if required, and/or construction of any changes or extras, all of which costs and expenses shall also be paid by Tenant) using Landlord (or Landlord's designee), as its sole contractor, all construction work to the Premises (collectively, "Tenant's Work") described on Exhibit "F" in a first class manner. Without limiting Tenant's other obligations, Tenant shall be subject pay for all filing fees to obtain any necessary permits covering Tenant's Work. Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedulemakes no representations or warranties that if required, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledgepermits and approvals are obtainable. In the event that such permits and approvals are not obtained, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) then Tenant's Work shall not proceed until Landlord has approved be performed, and this Lease will remain in writing: (i) Tenant's contractors, (ii) proof full force and effect without any reduction or diminution of Base Rental or Additional Rental subject to the provisions of the amount last sentence of this section. Upon receipt of any necessary permits and coverage approvals Landlord's or its designee, on behalf of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for shall perform Tenant's Work.
(b) . Landlord makes no representations or warranties as to the date that Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work substantially completed. It is commenced. In any event, all expressly understood and agreed that Tenant's Work may be performed by Landlord, or its designee, at any time that Landlord or its designee deems appropriate, including such time that Tenant is in occupancy and conducting business in the Premises. Tenant will fully cooperate and allow Landlord and its designee full and complete access to the Premises for the purpose of performing Tenant's Work. There shall comply with all applicable lawsbe no abatement or diminution of the Base Rental or any items of Additional Rental during the performance of Tenant's Work. If Landlord is unable to construct Tenant's Work, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord then Tenant shall have no responsibility for the right to terminate this Lease by written notice to Landlord sent within ten (10) days following Tenant's failure receipt of notice from Landlord that Landlord is unable to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with construct Tenant's Work (e.g.and if Tenant fails to timely send such notice of termination, delivering or installing furniture or equipment then Tenant's right to the second floor of the Leased Premises), Tenant or its contractors terminate shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlordwaived.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Lease (Aerobic Creations, Inc.)
Tenant’s Work. Landlord shall permit Tenant and Tenant’s agents or approved contractors to enter the Expansion Space from and after the Effective Date for the purpose of allowing Tenant acknowledge to perform: alterations, additions and agree that certain work required improvements to the Expansion Space in order to prepare the Expansion Space for Tenant's ’s use and occupancy along with alterations, additions and improvements to other areas of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed Premises desired by Tenant or its contractors at (the “Tenant's sole cost and expense’s Work”). All such work ("Tenant's Work") Such entry by Tenant shall be subject to Landlord's prior written approvalthe condition that (i) Tenant shall maintain, in full force and effect, the insurance policy or policies required of Tenant under the Lease; and (ii) except as otherwise provided herein, Tenant shall pay for any utilities required solely by Tenant in connection with Tenant’s access to the Expansion Space. Tenant shall adopt a construction schedule agrees that any such entry into the Expansion Space for the purposes of the performance of Tenant's ’s Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant deemed to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with under all of the following requirements:
(a) Tenant's Work terms, covenants, conditions and provisions of the Lease. Tenant further agrees that to the extent permitted by law, the Landlord, its agents, employees and contractors shall not proceed until Landlord has approved be liable in writing: (i) any way for any injury or death to any person or persons, loss or damage to any of Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors ’s installations made in the form of an endorsed insurance certificate naming LandlordExpansion Space or loss or damage to property placed therein, the Contractorsame being at Tenant’s sole risk, except that Landlord (and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iiiits principals) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished liable to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment but only to the second floor extent of the Leased Premises), Tenant its willful misconduct or negligence or Landlord’s breach of its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlordobligations under this Lease.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Lease Agreement (ExactTarget, Inc.)
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of shall not make any installations, alterations, additions or improvements in or to the Leased Premises, including but not limited including, without limitation, any aperture in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, provided that (a) Landlord consent to the procurement non-structural installations, alterations, additions or improvements, including, without limitation, construction or relocation of partitions and installation of furniturecomputer cabling, fixtureswhich do not affect the plumbing, equipmentelectrical, artwork heating, ventilating, air-conditioning or other Building systems shall not be unreasonably withheld or delayed and interior signage are beyond (b) Landlord's consent shall not be required for the scope construction or relocation of partitions which do not extend into the Tenant Improvements and dropped ceiling. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor approved by Landlord. Tenant or its contractors shall procure at Tenant's sole cost expense all necessary permits and expense. All licenses before undertaking any work on the Premises and shall perform all such work ("Tenant's Work") in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If requested by Landlord, Tenant shall furnish to Landlord prior to the commencement of any work costing more than $50,000 to complete a bond or other security acceptable to Landlord assuring that any work by Tenant will be subject to Landlord's prior written approvalcompleted in accordance with the approved plans and specifications. Tenant shall adopt a construction schedule keep the Premises at all times free of liens for Tenant's Work in conformance with the Contractor's schedulelabor and materials, and Tenant shall perform Tenant's Work in promptly bond off any liens made against the Premises. Tenant shall employ for such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred work only contractors approved by Landlord as a result of any interference with Landlord's operations by Tenant or its and shall require all contractors shall be promptly paid employed by Tenant to carry worker's compensation insurance in accordance with statutory requirements and comprehensive public liability insurance covering such contractors on or about the Premises in amounts that at least equal the limits set forth in Section 1 and to submit certificates evidencing such coverage to Landlord upon demandprior to the commencement of such work. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to may inspect the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant at reasonable times and shall be a Tenant Delaygive notice of observed defects.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's ’s occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, trade fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's ’s sole cost and expense. All such work ("“Tenant's ’s Work"”) shall be subject to Landlord's ’s prior written approval. By prior arrangement with Landlord’s property manager, Tenant shall be permitted access to the Premises up to twenty-one (21) days prior to the date Landlord anticipates completing the Tenant Improvements in order to perform the Tenant’s Work, and Tenant shall adopt a construction construction/installation schedule for Tenant's ’s Work in conformance with the Contractor's ’s schedule, and shall perform Tenant's ’s Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's ’s operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's ’s right to demand payment for such costs. Tenant's ’s contractors shall be subject to Landlord's ’s prior written approval, and to the administrative supervision of the Contractor. Tenant's ’s Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Lease (Design Therapeutics, Inc.)
Tenant’s Work. Landlord and Tenant acknowledge and agree Tenant’s Work shall be installed in a manner that certain work required conforms with the Premises Contractor’s and/or subcontractor’s schedule for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope completion of the Tenant Improvements and Improvements. Tenant’s Work shall be handled in such a manner as to maintain harmonious labor relations and as not to interfere with or delay construction of the TI Work or other Landlord work for other tenants in the Building. Consistent with the provisions of this Section, Tenant’s Work may be done in the Premises at any time, 24 hours a day, 7 days a week, and Tenant and its agents performing Tenant’s Work shall have access to the Premises at any time; provided that work that generates noise at a level reasonably determined by Landlord to be prohibited by its rules shall only be performed by during the period between 7:00 AM through 7:00 PM. No portion of the TI Work shall be dependent upon completion of any Tenant’s Work and the TI Work shall have priority over any Tenant’s Work; provided Landlord shall cause the Premises Contractor to use commercially reasonable efforts (which shall not include increased costs or liability to Landlord) to cooperate with Tenant so as to allow completion of Tenant’s Work in a timely and efficient manner without unreasonable delay or its contractors at additional material cost. The contractors, subcontractors and materialmen performing Tenant's sole cost and expense. All such work ("Tenant's Work") ’s Work shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred reasonable approval by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors and shall be subject to Landlord's prior written approval, and to the reasonable administrative supervision of Landlord and reasonable and customary non-discriminatory rules of the Contractorsite. In no event will a decision not to use non-union contractors if the Building or Building is a union site be discriminatory. Contractors, subcontractors and materialmen performing Tenant's ’s Work shall comply with take all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractorsnecessary steps to insure, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services so far as may be charged by Landlord.
(d) possible, the progress of the work without interruption on account of strikes, work stoppage or similar causes for delay. In the event that the contractors or subcontractors performing Tenant’s Work do not promptly cause any pickets to be withdrawn and all other disruptions to the operations of the Building promptly to cease, or in the event that Landlord notifies Tenant that Landlord has in good faith concluded that picketing or other disruptive activities are an imminent threat, Tenant shall promptly immediately cause the withdrawal from the job of all its contractors, subcontractors or materialmen involved in the dispute. Any delay caused to the Premises Contractor attributable to Tenant’s Work shall constitute Tenant Delay (as defined in Section 9 below) and in addition to the obligations set forth elsewhere herein, Tenant shall be obligated to pay Landlord upon demand for any extra all cost and expense incurred by Landlord by reason in connection therewith, including lost rental income. No portion of faulty work done by Tenant Tenant’s Work shall be taken into account in determining whether or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractorsnot the Premises are Substantially Complete.
Appears in 1 contract
Sources: Office Lease Agreement (Cray Inc)
Tenant’s Work. Landlord and Other than Landlord’s Work, Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts other necessary improvements to notify Tenant the Premises to operate Tenant’s business including installation of any such interference of which Landlord has actual knowledgevoice data and telecommunications equipment and cabling, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costsall at Tenant’s sole cost (“Tenant’s Work”). Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's ’s Work shall comply with all applicable lawsstatutes, ordinances, regulations and codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to strictly comply with such applicable lawsthe requirements of Paragraph 7.03 hereof. Any Subject to scheduling and all delay the progress of Landlord’s construction of the Landlord’s Work, Landlord will, in obtaining a certificate its reasonable discretion, allow Tenant access to the Premises fifteen (15) days prior to the estimated date for Substantial Completion solely for purposes of occupancy due to performing the Tenant's vendors is ’s Work provided, however, that Tenant shall not interfere with the responsibility completion of Tenant the Landlord’s Work and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or cause its contractors shall arrange for any necessary hoisting or elevator service to work in harmony with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors. Tenant’s use or occupancy of the Premises prior to the Commencement Date shall be subject to all of the terms and conditions of the Lease, by reason including, without limitation, the insurance requirements and indemnity obligations of damage to existing work caused by Tenant or its contractorsthe Lease, or by reason but excluding those provisions regarding the payment of inadequate cleanup by Tenant or its contractorsany scheduled Rent. TENANT WILL HOLD LANDLORD HARMLESS AND INDEMNIFY LANDLORD FOR ANY LOSS OR DAMAGE TO TENANT’S OR LANDLORD’S PROPERTY, EQUIPMENT, FIXTURES OR MERCHANDISE, AND FOR ANY INJURY TO A PERSON RESULTING THEREFROM, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENCE OF LANDLORD OR ITS AGENTS.
Appears in 1 contract
Tenant’s Work. Tenant shall perform all work not required to be done by Landlord (“Tenant’s Work’) at its expense diligently and promptly and in strict accordance with Tenant’s Plans and in accordance [insert any applicable local governmental guidelines]. The date on which Tenant acknowledge commences Tenant’s Work is the Construction Commencement Date, which shall occur within 30 days after the Possession Date. Tenant at the outside shall complete all. Tenant’s Work and agree that certain work required open its business at the Premises to the public not later than 150 days after the Possession Date. All fixtures installed by Tenant shall be new or completely reconditioned. Tenant shall not commence Tenant’s Work until Landlord approves Tenant’s Plans. Tenant shall be solely responsible for the arrangement with utility companies for all utility service to the Premises. If Tenant wants to start Tenant's occupancy ’s Work before installation of utilities, Tenant may arrange for temporary connections, and Landlord will grant temporary easements across the Common Areas during the construction period, subject to availability of such connections and Landlord’s approval of the Leased Premises, including but not limited to the procurement location of such connections and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and temporary easements. The temporary connections shall be performed by Tenant or its contractors installed at Tenant's ’s sole cost and expense. All such work ("Tenant's Work") The location of utilities shall be subject to in Landlord's prior written approval’s sole discretion. Tenant shall adopt furnish, at its sole cost and expense, a wall-check survey upon completion of the footings. During construction, Tenant shall not permit its contractors to store any materials, park any cars, trucks, construction schedule vehicles or equipment outside of the Premises and the area to be designated by Landlord for Tenant's Work in conformance storage and parking. Tenant also shall not permit its contractors to interfere with the Contractor's scheduleoperation of the Center. Tenant shall require its contractors to police daily the area surrounding the Premises and between the entrances to the Center and the Premises to pick up trash and debris, sweep up dirt, remove construction implements and materials, and shall perform do what is necessary to keep the Center clean and free of dirt and debris. Before starting Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its ’s Work, Tenant’s contractors shall be promptly paid by Tenant provide to Landlord upon demandevidence of insurance as follows (Landlord to receive 30-days’ notice prior to cancellation):
1. Builders “all risk” using completed value.
2. Broad form liability - including explosion, excavation and underground work with single limit of one million dollars ($1,000,000.00) (includes property damage and Landlord shall make all reasonable efforts to notify Tenant protective insurance).
3. Automobile coverage liability of any such interference $500,000.00/$1,000,000.00, property damage of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval$50,000.00, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Workworkmen’s compensation.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Tenant’s Work. Tenant shall construct its leasehold improvements in the Premises in accordance with the list of plans and specifications identified on Exhibit D. The plans and specifications so identified have been initialed by the Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall are hereby deemed to be incorporated by reference and made a part of this Lease. All work to be performed by Tenant or its contractors at Tenant's sole cost under this Lease shall be defined by the plans and expense. All such work (specifications and is referred to herein as "Tenant's Work") shall be subject to Landlord's prior written approval. The Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, obtain all necessary local and shall other governmental permits and approvals to perform Tenant's Work in such a way as not accordance with the approved plans and specifications. The Landlord agrees to hinder or delay cooperate with, and assist, the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make the extent necessary to allow the Tenant to obtain all reasonable efforts necessary local and other governmental approvals that may be required to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for perform Tenant's Work.
(b) . The Tenant's Work shall be performed by a general contractor acceptable to the Landlord under a written construction contract, providing for payment, performance and ▇▇▇▇ ▇▇▇▇▇ in conformity with a valid permit when requiredthe full amount of the contract sum. All heating, a copy ventilating and air conditioning work to be performed as part of which shall be furnished to Landlord before such work is commenced. In any event, all the Tenant's Work shall comply with be performed by a trade contractor approved in writing by the Landlord. The approval by Landlord of the general contractor and the heating, ventilating and air conditioning trade contractor shall not impose upon the Landlord any responsibility or liability whatsoever to the Tenant as a result of, or arising out of, the defaults or other acts or omissions of the general contractor or such trade contractor. All of the Tenant's Work shall be done in strict compliance with, and subject to, all applicable laws, codes of the provisions of Section 7.1 below and ordinances all changes and additions shall be part of any governmental entity having jurisdiction over the Building, except such items as the parties agree in writing shall be removed by the Tenant on termination of this Lease, or the Landlord agrees that the Tenant may then elect to remove or leave. Landlord Upon substantial completion of Tenant's Work (i.e., that all of Tenant's Work shall have no responsibility been completed except for such minor work, touchups and adjustments as do not interfere with the Tenant's failure use and occupancy of the Premises for the conduct of its business operations) and upon obtaining all necessary permits and approvals to comply with such applicable laws. Any and all delay in obtaining permit the lawful occupancy of the Premises, including a certificate of occupancy due to ("Substantial Completion of Tenant's vendors is Work), the responsibility Tenant shall deliver to the Landlord an architect's or engineer's certificate of such completion and an original certificate of occupancy, and only thereafter may the Tenant commence beneficial use and occupancy of the Premises. Within thirty (30) days of Substantial Completion of Tenant's Work, the Tenant shall be a Tenant Delay.
(c) In connection furnish the Landlord with "as-built" drawings showing how and where the Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord was actually installed and shall pay such reasonable costs for such services as may be charged by Landlordconstructed.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Lease (Matrixone Inc)
Tenant’s Work. Landlord and (a) Any changes desired by the Tenant acknowledge and agree that certain work required for Tenant's occupancy which depart from the Base Building standard or which involve the use of the Leased Premises, including but materials not limited standard to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage Building or which involve leasehold improvements are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, which approval may be subject to such terms and to conditions as the administrative supervision Landlord deems desirable, including without limiting the generality of the Contractorforegoing choice of contractors, labour compatibility, and bonding, and any extra expense above that of the Base Building standard and any expense in installing leasehold improvements shall be made at the expense of the Tenant including without limitation, the preparation of the space plan and the working drawings. The Landlord has the right to retain the services of its consultants to review the Tenant.s space plans and working drawings, at the Tenant's Work shall comply with all expense. The Landlord has the right to request the Tenant to use contractors of the following requirements:
(a) TenantLandlord's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Workchoice.
(b) All permits necessary for the installation of the Tenant's Work shall leasehold improvements and approval of plans must be performed in conformity with a valid permit when requiredobtained by the Tenant from the applicable authorities prior to the commencement of installations by the Tenant, at its expense and a copy of which shall be furnished sent to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant DelayLandlord.
(c) In connection with The Tenant and its contractors are responsible for removing garbage and debris from the Premises and the Building daily and to place same into garbage containers for that purpose as provided. All tenants will be assessed their proportionate share of the cost of providing empty garbage containers on the job site during the construction of their premises. Any of the Tenant's Work (e.g., delivering garbage or installing furniture or equipment debris removed by the Landlord's forces will be charged to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by LandlordTenant's account.
(d) The Tenant will pay to the Landlord forthwith upon demand (i) the reasonable costs incurred by the Landlord in retaining consultants to review the Tenant's space plan and working drawings, (ii) a fee equal to fifteen percent (15%) of the cost of the Tenant's leasehold improvements toward the cost of the Landlord's supervision and overhead during installation of the said leasehold improvements; and (iii) all reasonable costs incurred by the Landlord during the period the Tenant fixtures the Premises including without limitation the cost of elevators to vertically transport workers and materials with respect to the carrying out of the Tenant's Work in the Premises.
(e) All work shall be constructed in a good and workmanlike manner, free and clear of liens, as expeditiously as possible, and so as to not prejudice any warranties or affect any installations with respect to Base Building work including without limitation the mechanical, electrical, sprinkler, plumbing, and other systems servicing the Building or any part or parts thereof, or affect the operation and balancing of the said systems.
(f) All plans and specifications and working drawings, showing details of all the Tenant's leasehold improvements within the Premises, including the location of plumbing and electrical outlets, must, prior to the commencement of the work, be submitted by the Tenant to the Landlord for its written approval. The work shall be done in accordance with the provisions of the Lease, and the provisions of Section 10.02 of the Lease shall apply mutatis mutandis to work undertaken by the Tenant.
(g) The cost of all leasehold improvements whether constructed by the Tenant's own contractor or by the Landlord's contractor shall be paid promptly by the Tenant in accordance with the provisions of the Construction Lien Act.
(h) The Tenant shall promptly pay Landlord upon demand perform all work required to provide all leasehold improvements so that the Premises are available for any extra expense incurred by Landlord by reason of faulty work done by carrying on the Tenant's business at the Premises.
(i) In undertaking Tenant's Work, the Tenant or shall ensure that its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.subcontractors and consultants co-operate with the Landlord while the Landlord is undertaking the Landlord's Work. SCHEDULE "D"
Appears in 1 contract
Sources: Lease (Acc Corp)
Tenant’s Work. (a) If Tenant shall employ or use any contractor or subcontractor other than Landlord in the performance of any work in connection with Tenant’s initial occupancy, which work Tenant shall not commence until after the Commencement Date, all of Tenant’s duties and obligations set forth in Article 19 (relating to Tenant’s duties and obligations in making Tenant’s Changes) shall be applicable to and binding upon Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited with respect to any such work. Notwithstanding anything herein to the procurement contrary, Landlord will permit Tenant and installation of furnitureits agents to enter, fixturesas licensees only, equipmentthe Demised Premises prior to the Commencement Date so that Tenant may install telephone and data wiring and lines, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") access shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work and in conformance accordance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision Paragraph 13 of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount Workletter attached hereto and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Workmade a part hereof.
(b) Tenant's Work If Tenant shall employ or use any contractor other than Landlord in the performance of any work, such work shall be performed conducted in accordance with all laws and requirements of public authorities and requirements of insurance bodies, in a good and workmanlike manner, and in such manner as not to materially interfere with or delay the work of Landlord’s contractors and subcontractors in the Building, or to impose any additional expense upon Landlord in the construction or operation of the Building, and so as to maintain harmonious labor relations in the performance of work in the Building. Without limiting the generality of the foregoing, Tenant shall adopt a work schedule in conformity with a valid permit when requiredthe schedule of Landlord’s contractors and subcontractors in connection with work performed by Tenant’s contractors or subcontractors prior to the Commencement Date. Tenant agrees that its contractors and subcontractors shall employ people and means to ensure the progress of the work in the Building without interruption on account of strikes, a copy of which work stoppage or other similar cause for delay. At any and all times while Landlord’s and Tenant’s installations are being performed by Tenant’s designated contractor, Landlord shall be furnished entitled to Landlord before have a representative or representatives on the site for the purpose of inspecting same and for such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord purpose such representative or representatives shall have no responsibility for Tenant's failure reasonable access to comply with such applicable laws. Any and all delay in obtaining a certificate parts of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant DelayDemised Premises.
(c) In Landlord agrees, provided Landlord shall not incur any out-of-pocket expenses in connection with same, to assist Tenant in the procurement of any licenses, permits, “sign-offs”, approvals, or certificates which may be required by any governmental or quasi-governmental agency or authority with respect to Tenant's Work (e.g., delivering or installing furniture or equipment ’s alterations and leasehold improvements in and to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or with respect to the obtaining of any services, utilities or facilities from the public utility corporation(s) or other provider/supplier supplying the same to the Building. Landlord agrees to execute any reasonable documents which are required by reason of inadequate cleanup by Tenant any such governmental or its contractorsquasi-governmental agency or authority, or public utility corporation(s) or other provider/supplier.
Appears in 1 contract
Sources: Lease (Vision Sciences Inc /De/)
Tenant’s Work. Prior to the Tenant commencing any work respecting any alteration or improvement at the Demised Premises, Tenant shall satisfy each and every conditions set forth below.
(1) Tenant shall, at its sole cost and expense', supply Landlord with professionally prepared plans and specifications. Landlord hereby reserves the right to require certain revisions of such plans and specifications respecting the design and/or cosmetic features reflected therein, but further agrees not to unreasonably delay or withhold its consent for Tenant acknowledge to be able to proceed with the anticipated work reflected on said plans and agree that certain work required for specifications.
(2) Subsequent to the delivery and approval by Landlord of Tenant's occupancy plans and specifications, Tenant shall employ its own contractor in connection with the construction to be performed at the Demised Premises in accordance with those approved plans and specifications. Tenant agrees that all work to be performed shall be done in accordance with good and sound building standards and shall be further performed in a professional workmanlike manner. All of the Leased PremisesTenant's work shall be done in accordance with all governmental regulations, with the Tenant being responsible at its own cost and expense for obtaining permits and approvals, including but not limited asbestos inspection and removal, if necessary as well as sign-offs and compliance with the other provisions of this Lease. Furthermore, Tenant agrees that all work to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope be performed by any of the trades employed shall in no way affect work being performed at the building by Landlord, or any other tenant, subtenant or occupant of the Building Project (collectively, "Landlord's Authorized Entities"), or any of the unions of which any of Landlord's Authorized Entities contractors' employees may be members.
(3) Tenant Improvements shall provide Landlord with a payment and shall completion bond covering any work to be performed by Tenant or its contractors at Tenant's sole cost which runs in favor of Landlord, and expense. All shall further issue to Landlord a hold harmless and indemnification agreement relative to such work proposed work.
("Tenant's Work"4) Tenant shall be subject provide insurance coverage in amounts satisfactory to Landlord and satisfactory to Landlord's prior written approval. lender which shall protect Landlord's interest during the course of construction and, in addition thereto, Tenant shall adopt provide Landlord with a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in Certificate of Insurance reflecting such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractorcoverage, and the agents naming of Landlord and the Contractor Landlord's lender as additional insureds. In the event Tenant shall violate any of the above provisions, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work same shall be performed in conformity with considered a valid permit when required, a copy of which material breach under this Lease and Landlord shall be furnished entitled to Landlord before immediately avail itself of all legal remedies that it is entitled to with respect to such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delaybreach.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Tenant’s Work. a. Tenant shall conform to and comply with all federal, state, county and local laws, ordinances, permits, rules and regulations in the performance of Tenant’s Work or in the performance of any alterations, additions or modifications.
b. Tenant’s Work shall be coordinated with Landlord’s Work as well as with the work of other tenants in the Shopping Center so that ▇▇▇▇▇▇’s Work shall not interfere with or delay completion of other construction in the Shopping Center.
c. In the event Tenant’s Work and Landlord’s Work shall progress simultaneously, Landlord shall not be liable for any injury to persons or damage to property of Tenant, or of Tenant’s employees, licensees or invitees from any cause whatsoever occurring upon or about the Leased Premises, and Tenant shall and will indemnify, defend and save Landlord harmless from any and all liability and claims arising out of or connected with any injury or damage. Tenant acknowledges that these provisions become effective beginning upon the date Tenant or its agents first enter the Leased Premises. This obligation to indemnify shall include reasonable attorneys’ fees and other reasonable costs, expenses and liabilities incurred by Landlord and its attorneys from the first notice that any claim or demand is to be made or may be made.
d. Work performed by ▇▇▇▇▇▇ or ▇▇▇▇▇▇’s contractor shall be performed so as to avoid a labor dispute. If there is a labor dispute, ▇▇▇▇▇▇ shall immediately undertake whatever action may be necessary to eliminate the dispute including, but not limited to, (i) removing all disputants from the job site until the labor dispute is over, (ii) seeking an injunction in the event of a breach of contract action between Tenant acknowledge and agree that certain work required for Tenant's occupancy ▇▇▇▇▇▇’s contractor and (iii) filing appropriate unfair labor practice charges in the event of a union jurisdictional dispute. If, during the period of initial construction of the Leased Premises, including but not limited any of Tenant’s employees, agents or contractors strike, or if picket lines or boycotts or other visible activities objectionable to Landlord are conducted or carried out against Tenant or its employees, agents or contractors, Tenant shall immediately close the Leased Premises and remove all employees until the dispute giving rise to the procurement and installation of furniturestrike, fixturespicket line, equipmentboycott or objectionable activity has been settled to ▇▇▇▇▇▇▇▇’s satisfaction.
e. Tenant agrees that it will not, artwork and interior signage are beyond at any time prior to or during this Lease, including the scope period of the Tenant Improvements and shall be performed performance of Tenant’s Work, either directly or indirectly employ or permit the employment of any contractor, or use any materials in the Leased Premises, if the use of the contractor or the materials would, in Landlord’s sole opinion, create a difficulty, strike or jurisdictional dispute with other contractors engaged by Tenant or its Landlord or others, or would in any way disturb the construction, maintenance or operation of the Shopping Center. If any interference or conflict occurs, Tenant, upon demand by Landlord, shall cause all contractors at or all materials causing the interference, difficulty or conflict, to leave or be removed from the Shopping Center immediately.
f. Tenant's sole cost and expense. All such work ("Tenant's Work") ’s Work shall be subject to Landlord's prior written approvalinspection by Landlord during the course of construction for the purpose of determining the quality of the workmanship and adherence to Landlord requirements. Tenant shall adopt require its contactor to cooperate with Landlord and correct any deficiencies noted by Landlord. All work performed by ▇▇▇▇▇▇ during the Term of the Lease shall be performed in accordance with this Lease, all exhibits thereto, the Tenant Design Manual and as directed by ▇▇▇▇▇▇▇▇’s representative.
g. All work by ▇▇▇▇▇▇, including repair work, shall be performed in a construction schedule first-class workmanlike manner and shall be in a good and usable condition at completion. Tenant shall require any person performing work to guarantee that the work is free from any and all defects in workmanship and materials for Tenant's Work one (1) year from the date of completion. Tenant shall also require any such person to be responsible for the replacement or repair, without additional charge, of work done or furnished by or through such person which shall become defective within one (1) year after substantial completion of the work. The correction of work shall include, without additional charge, all expenses and damages in conformance connection with the Contractor's scheduleremoval, replacement or repair of any part of work which may be damaged or disturbed. All warranties or guarantees for materials or workmanship on or regarding Tenant’s Work shall be contained in the contract or subcontract. The contract shall be written so that all warranties and guarantees shall inure to the benefit of both Landlord and Tenant, as their respective interests appear, and shall so that either party can directly enforce the contract. Impossible Kicks – Grand Canal Shoppes – 2065 – Retail Lease 2/6/2023 (NL) (kb)
h. In the event Tenant or ▇▇▇▇▇▇’s contractor fails to perform Tenant's Work ’s Work, or any part of Tenant’s Work, in such a way as manner satisfactory to Landlord within 10 days after receipt of Landlord’s punch list, Landlord shall have the right, in addition to and not in lieu of Landlord’s other rights and remedies, to hinder or delay perform the operations of work and Tenant shall pay Landlord or the Contractor in the Building. Any for costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any in such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Workperformance.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of shall not make any installations, ----------------------- alterations, additions or improvements in or to the Leased Premises, including but any apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, which consent shall not limited be unreasonably withheld or delayed; provided, however, that Landlord's prior consent shall not be required with respect to the procurement nonstructural, non-mechanical and installation non-electrical changes or alterations having an aggregate cost of furniture, fixtures, equipment, artwork and interior signage are beyond the scope completion of the Tenant Improvements and less than $25,000.00. Any such work shall be performed only in accordance with plans and specifications therefore approved by Landlord. Tenant or its contractors shall procure at Tenant's sole cost expense all necessary pen-nits, licenses and expenseapprovals before undertaking any such work in the Premises and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If requested by Landlord, Tenant shall furnish to Landlord prior to the commencement of any such work a l▇▇▇ ▇▇▇▇ in an amount satisfactory to, and from a surety acceptable to, Landlord, as well as payment and performance bonds or other security reasonably acceptable to Landlord, assuring that any work by Tenant will be completed in accordance with the approved plans and specifications. Tenant shall employ for such work only contractors and subcontractors approved by Landlord, which approval will not be unreasonably withheld or delayed. All such contractors performing work ("Tenant's Work") in the Premises shall be subject to the prior approval of Landlord's prior written approval, such approval not to be unreasonably withheld. All contractors employed by Tenant shall adopt a construction schedule for Tenantcarry worker's Work compensation insurance in conformance accordance with the Contractor's schedulestatutory requirements and comprehensive general liability insurance covering such contractors, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor Tenant as additional insureds, in an amount not less than two million dollarsamounts at least equal to the limits set forth in Section I. I. Said contractors shall submit certificates evidencing such coverage to Landlord prior to the commencement of such work. Tenant shall defend, hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage to any person or property occasioned by or arising out of such work. Landlord may inspect the work of Tenant at reasonable times and give notice of observed defects. Tenant shall keep the Premises and the Property at all times free of liens for labor and materials caused by, arising out of, or resulting from work performed by or on behalf of Tenant, or in connection with the use and/or occupancy of the Premises by Tenant. Tenant agrees promptly to discharge of record (iiieither by payment or by filing of the necessary bond, or otherwise) complete and detailed plans and specifications for Tenantany mechanics', materialmen, or other lien or like filing, including, any notice of contract against the Premises, the Building, the Property and/or any part thereof (including Landlord's Work.
(b) Tenant's Work shall interest therein), which liens may arise out of any payment due for, or purported to be performed in conformity with a valid permit when requireddue for, a copy of which shall be any labor, services, materials, supplies, or equipment alleged to have been furnished to Landlord before such work is commenced. In any eventor for the Tenant in, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over upon or about the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant DelayPremises.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Tenant’s Work. This Article 54 shall not apply to any work performed by Landlord pursuant to Exhibit E hereof.
A. Prior to Tenant's commencing any work pursuant to this Article or any structural work or work relating to the building's systems in the Demised Premises, Tenant shall submit to Landlord for Landlord's written approval, which approval shall not be unreasonably withheld or delayed, drawings, plans and specifications including, but not limited to, plans for the entranceways, use of window areas, signage and other architectural plans (herein collectively referred to as "Tenant's Plan") for or in connection with the improvements, installations, additions, alterations and decorations to be made by Tenant acknowledge (herein collectively referred to as "Tenants Work"). Tenant shall also submit to Landlord for its written approval a list of contractors, subcontractors, and agree that certain work required copies of contracts and subcontracts for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work Work ("Tenant's WorkContracts"). Tenant's Plan shall be fully detailed, shall show complete dimensions, shall not require any changes in the structure of the building and shall not be in violation of any laws, orders, rules or regulations of any governmental department or bureau having jurisdiction of the Demised Premises. Landlord's consent shall not be required for decorative or non-structural work of Tenant (other than wallpaper or paneling or non-structural work which by applicable law requires a permit) costing less than $25,000.00 in the aggregate, which does not affect any Building systems or structure of the Building [unless the paint used is a color other than white or off-white], however, Landlord must receive no less than three (3) business days written notice of said decorative work along with proper certificates of insurance from the contractor).
B. Within ten (10) business days after submission to Landlord of Tenant's Plan and Tenant's Contracts, Landlord shall either approve same or shall set forth in writing the particulars in which Landlord does not approve same, in which latter case Tenant shall, within ten (10) business days after Landlord's notification, return to Landlord appropriate corrections thereto. Such corrections shall be subject to Landlord's prior written approval. Tenant shall adopt pay to Landlord, promptly upon being billed, any reasonable charges or expenses Landlord may incur in reviewing Tenant's Plan and Tenant's Contracts and/or insuring compliance therewith.
C. Tenant further agrees that Tenant shall not make any changes (except to a deminimus extent) in Tenant's Plan or Tenant's Contracts subsequent to approval by Landlord unless Landlord consents to such changes which consent shall not be unreasonably withheld, delayed or conditioned. Tenant shall pay to Landlord all costs and expenses caused by such changes which Landlord may incur or sustain in Landlord's Work (if any) or in the performance by Landlord of any construction schedule or work it is performing in the Building; Landlord shall have the right to refuse to consent to any such changes if in the reasonable judgment of Landlord or Landlord's Architect (defined below) such changes materially deviate from Tenant's Plan theretofore approved by Landlord in a manner that will adversely affect the structural integrity of the Building or the proper functioning of any Building systems or otherwise violate the terms of this Lease. Any charges payable under this Section C or the preceding Section B shall be paid by Tenant from time to time within twenty (20) days following as Additional Rent, whether or not the Rent Commencement Date has occurred.
D. Following compliance by Tenant with its obligations under the foregoing Sections and approval of Tenant's Plan and Tenant's Contracts by Landlord, Tenant shall commence Tenant's Work and it shall proceed diligently with same, in order to complete same within a reasonable period of time using new first class materials and in a good and workmanlike manner.
E. Tenant agrees that in the performance of Tenant's Work (a) neither Tenant nor its agents or employees shall interfere with the work being done by Landlord and its contractors, agents and employees, (b) that Tenant shall comply with any reasonable work schedule, rules and regulations proposed by Landlord, its agents, contractors or employees, (c) that the labor employed by Tenant shall be harmonious and compatible with the labor employed by Landlord in the Building, it being agreed that if in Landlord's judgment the labor is incompatible Tenant shall forthwith upon Landlord's demand withdraw such labor from the premises, (d) that prior to commencing Tenant's Work, Tenant shall procure and deliver to Landlord worker's compensation, public liability, property damage and such other insurance policies, in such amounts as shall be reasonably acceptable to Landlord in connection with Tenant's Work, and shall upon Landlord's request cause Landlord, its managing agent, and any holder of a Superior Mortgage and lessor under a Superior Lease to be named as an additional insured thereunder, (e) that prior to commencing Tenant's work, Tenant shall obtain the necessary consents, authorizations and licenses from municipal or any other government authorities having jurisdiction of the Building or premises necessary for Tenant's Work in conformance with the Contractor's scheduleoperations, improvements and alterations and that no work shall perform Tenant's Work in such a way as not to hinder be started or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations equipment installed unless and until all necessary consents, authorizations and licenses shall have been obtained by Tenant or its contractors shall be promptly paid and by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (iif) proof that Tenant shall hold Landlord harmless from and against any and all claims arising from or in connection with any act or omission of the amount Tenant or its agents, contractors and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlordemployees, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iiig) complete and detailed plans and specifications for Tenant's Work.
(b) that Tenant's Work shall be performed in conformity accordance with a valid permit when requiredthe approved Tenant's Plan and in compliance with the laws, a copy orders, rules and regulations of which any governmental department or bureau having jurisdiction of the Demised Premises and Tenant immediately shall be furnished correct at Tenant's sole cost and expense any nonconforming work, (h) that Tenant promptly shall pay for Tenant's Work in full, to Landlord before the extent payable under any contract with respect to Tenant's Work between Tenant and any third party hereunder, and to the extent that such work payment is commenced. not the responsibility of landlord, and, at Landlord's option, that Tenant shall provide for the removal and/or bonding of any lien to attach to the Demised Premises or the Land and/or Building.
F. In any event, all the event that the "hard" cost of Tenant's Work shall exceed $50,000.00, in addition to complying with all other provisions hereof, Tenant shall (a) furnish Landlord with a contract in assignable form made with a reputable and responsible contractor, providing for the completion of all work, labor and materials necessary to complete Tenant's Work in accordance with Tenant's Plan; and (b) furnish Landlord with an assignment of the contract so furnished, duly executed and acknowledged by Tenant, by its terms to be effective upon any termination of this Lease or upon Landlord's re-entry upon the Demised Premises following a default by Tenant beyond applicable notice and grace periods prior to the complete performance of such contract, such assignment also to include the benefit of all payments made on account of said contract including payments made prior to the effective date of such assignment.
G. Landlord may, at any time and from time to time, at Tenant's reasonable expense, in addition to any other right of access given to Landlord pursuant to the terms of this Lease, enter upon the Demised Premises with one or more engineers and/or architects of Landlord's selection (collectively, "Landlord's Architect") to determine the course and degree of completion of Tenant's Work and its compliance with Tenant's Plan and the terms and conditions of this Lease.
H. Notwithstanding anything to the contrary contained in the foregoing, if there are presently any asbestos ("Hazardous Material") in the Premises which are in violation of any applicable law, rule or regulation, Landlord shall remove, at its sole cost and expense, said Hazardous Material(s) or take such steps to make the Hazardous Material(s) comply with all applicable laws, codes rules or regulations and ordinances of other requirements relating to any Hazardous Materials, which are imposed by any governmental entity having jurisdiction over authority ("Requirements") as of Commencement Date #1 and Commencement Date #2 (as the Buildingcase may be). Landlord Supplementing the above, Tenant shall have no responsibility for be obligated, at Tenant's failure own cost and expense, to comply with Requirements relating to Hazardous Material(s) which are hereafter imposed by any governmental authority, insofar as the same affect the Demised Premises. Tenant further agrees, however, that in addition to its other obligations set forth herein relating to Hazardous Materials(s), if any, in the Demised Premises, in the event any Tenant's Work causes or results in said Hazardous Materials(s) to be in violation of an applicable law, rule or regulation, Tenant shall immediately remove, at its sole cost and expense, said Hazardous Materials(s) or take such steps to make the Hazardous Materials(s) comply with the applicable lawslaw, rule or regulation.
I. Nothing contained in this Lease shall be deemed, construed or interpreted to imply any consent or agreement on the part of Landlord to subject Landlord's interest or estate to any liability under any mechanics's or other lien law. Any If any mechanic's or other lien or any notice of intention to file a lien is filed against the Premises or any part thereof, for any work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Premises through or under Tenant, Tenant shall cause the same to be canceled and all delay in obtaining discharged of record by payment, bond or order of a certificate court of occupancy due competent jurisdiction within thirty (30) days after notice by Landlord to Tenant.
J. Tenant covenants and agrees that it shall make improvements and alterations to the Demised Premises as set forth below. Tenant acknowledges that Tenant's vendors is the responsibility agreements as herein set forth constitute a substantial obligation of Tenant and a material inducement for Landlord to enter into this Lease and but for this inducement Landlord would not enter into this Lease. A breach of this covenant shall be deemed a material default under the Lease. Accordingly, Tenant Delayshall, subject to Landlord's approval as required under this Article, perform the following work to the Demised Premises: Tenant shall reinforce the floor load capacity of any area of the Demised Premises which contains telecommunications equipment of Tenant not supported by the fifty (50) pound per square foot floor load of the Premises ("Reinforcement") at Tenant's own cost and expense. Tenant shall give Landlord no less than ten (10) business days prior written notice of the Reinforcement with copies of proposed plans for Landlord's approval, which shall not be unreasonably withheld or delayed. As-built plans shall be submitted to Landlord by Tenant upon the completion of the Reinforcement. The Reinforcement shall not interfere with the use of the Building by other tenants and shall be done at times other than Regular Business Hours.
(c) In connection with Tenant's Work (e.g.K. Without in any manner whatsoever limiting the terms and provisions of this Article, delivering or installing furniture or equipment to the second floor Tenant herein must supply copies of the Leased Premises), Tenant or its contractors following items and comply with all proper codes which compliance shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may include but not be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.limited to:
Appears in 1 contract
Sources: Office Building Lease Agreement (Broadview Networks Holdings Inc)
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's ’s occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage signage, are beyond the scope of the Tenant Improvements Landlord’s Work and shall be performed by Tenant or its contractors at Tenant's ’s sole cost and expense. All such work ("“Tenant's ’s Work"”) shall be subject to Landlord's ’s prior written approval. By prior arrangement with Landlord’s property manager, Tenant shall be permitted access to the Leased Premises by June 1, 2020 in order to perform Tenant’s Work, and Tenant shall adopt a construction construction/installation schedule for Tenant's ’s Work in conformance with the Contractor's ’s schedule, and shall perform Tenant's ’s Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's ’s operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's ’s right to demand payment for such costs. Tenant's ’s contractors shall be subject to Landlord's ’s prior written approval, and to the administrative supervision of the Contractor. Tenant's ’s Work shall comply with all of the following requirements:
(a) Tenant's ’s Work shall not proceed until Landlord has approved in writing: (i) Tenant's ’s contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's ’s contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's ’s Work.
(b) Tenant's ’s Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all of Tenant's ’s Work shall comply with all applicable laws, codes Laws and ordinances of any governmental entity having jurisdiction over the BuildingRestrictions. Landlord shall have no responsibility for Tenant's ’s failure to comply with such applicable lawsLaws and Restrictions. Any and all delay in obtaining a certificate of occupancy and/or any other governmental approvals due to Tenant's ’s vendors is the responsibility of Tenant and shall be a Tenant Tenant’s Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises)’s Work, Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Lease Agreement (Biolase, Inc)
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain All work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond within the scope of the Tenant Improvements normal construction trades employed in the Building, including, but not limited to, furnishing and installing of telephones, furniture, and office equipment, shall be performed furnished and installed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractorschedule of Landlord's schedule, contractors and shall perform Tenant's Work conduct its work in such a way manner as to maintain harmonious labor relations and as not to hinder interfere unreasonably with or delay the operations work of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costscontractors. Tenant's contractors contractors, subcontractors, and labor shall be acceptable to and approved by Landlord and shall be subject to Landlord's prior written approval, and to the administrative supervision of Landlord. Contractors and subcontractors engaged by Tenant shall employ persons and means to insure so far as may be possible the Contractor. Tenant's Work shall comply with all progress of the following requirements:
(a) Tenant's Work work without interruption on account of strikes, work stoppages or similar causes for delay. Landlord shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof give access and entry to the Premises to Tenant and its contractors and subcontractors and reasonable opportunity and time and reasonable use of facilities to enable Tenant to adapt the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications Premises for Tenant's Workuse; provided, however, that if such entry is prior to the Commencement Date, such entry shall be subject to all the terms and conditions of the Lease, except the payment of rent (including monthly base rent and payments of Direct Operating Expenses).
SCHEDULE 1 The Base Building shell, systems and finishes shall include, but not be limited to, the following improvements when they have been installed and are operational:
i. Exterior walls and columns complete with gypsum wallboard installed, taped, finished, and floated ready for tenants applied finish;
ii. Broom-clean unfinished concrete floors level to f (bf) Tenant's Work shall be performed in conformity with a valid permit when required, a copy number of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.25;
Appears in 1 contract
Sources: Office Lease Agreement (PRG Schultz International Inc)
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's may enter into occupancy of the Leased PremisesPremises immediately after execution of this Lease, including but not limited and prior to the procurement and installation completion of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall Landlord’s Work. If there is any work to be performed by Tenant (“Tenant’s Work”), Tenant shall coordinate that work with Landlord’s Work, and each party shall make reasonable efforts to not interfere with the work of the other party. Tenant’s Work set forth in Exhibit E hereto has been approved by Landlord. Tenant’s Work not set forth in Exhibit E shall require the written approval of Landlord prior to the commencement of such work, which approval shall not be unreasonably withheld or its contractors at Tenant's sole cost and expensedelayed. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for of Tenant's Work and the installation of equipment shall: (a) at all times comply with all laws, rules, orders, ordinances, directions, regulations and requirements of all governmental authorities, agencies, offices, departments, bureaus and boards having jurisdiction thereof and of the applicable insurance rating bureau; (b) be performed in conformance compliance therewith and with the Contractor's schedule, plans and shall perform Tenant's Work specifications previously reasonably approved by Landlord and in good and first class workmanlike manner; (c) be performed in such a way manner as not to hinder or delay the operations of impose any additional expense upon Landlord or the Contractor in the construction, maintenance or operation of the Building. Any costs , or, if additional expense is incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors the construction of the addition to the Building, such additional expense shall be promptly paid by Tenant to Landlord upon demandtwenty-five percent (25%) at construction commencement, fifty percent (50%) at the half-way point of such construction, and twenty-five percent (25%) within thirty (30) days after substantial completion; (d) be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not cause any work stoppage or damage to the Building or interfere with Building construction or operation; and (e) be performed by contractors or workers first reasonably approved by Landlord. With respect to all Tenant’s Work, Tenant further agrees as follows: Tenant’s Work shall commence only after all required municipal and other governmental permits and authorizations have been obtained (the Landlord shall make agrees to join in any application and/or proceedings therefor and reasonably cooperate with Tenant), at Tenant’s expense whenever necessary, and all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors work shall be subject to Landlord's prior written approvaldone in compliance with any applicable building and zoning laws and with all applicable other laws, ordinances, regulations and requirements of all federal including the Americans With Disabilities Act (“ADA”), state and municipal agencies, and in accordance with any applicable requirements and policies issued by any insurer of Tenant with respect to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage type of public liability and property damage insurance to be carried by with respect to Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for ’s Work; that Tenant's Work.
(b) Tenant's ’s Work shall be performed prosecuted with reasonable dispatch to completion; that at all times when Tenant’s Work is in conformity with a valid permit when requiredprogress, a copy of which Tenant shall maintain or cause to be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes maintained adequate worker’s compensation insurance as required by law for those employed in connection therewith and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility commercial general liability or builder’s risk insurance (for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility mutual benefit of Tenant and Landlord) in coverages reasonably approved by Landlord. Tenant shall be a not permit any mechanics’ liens, or similar liens, to remain upon the Premises for labor and materials furnished to Tenant Delay.
(c) In or claimed to have been furnished to Tenant in connection with Tenant's ’s Work of any character performed or claimed to have been performed at the direction of Tenant, and shall cause any such lien to be released of record or sufficiently bonded off within thirty (e.g.30) days without cost to Landlord. To that end, delivering Tenant shall, upon completion of Tenant’s Work, certify to Landlord upon written request that all contractors, subcontractors and other independent contractors have been paid in full, except as to those contractors, subcontractors and other independent contractors with whom Tenant has a bona fide dispute. In the event Tenant has a bona fide dispute with any such contractor, subcontractor or installing furniture or equipment to the second floor independent contractor, Tenant shall notify Landlord of the Leased Premises)identity of such contractor and the amount of the bona fide dispute, Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) but Tenant shall promptly pay Landlord upon demand for not be relieved of its obligation not to permit any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractorsmechanics’ liens, or by reason similar liens, to remain upon the Premises and to cause any such lien to be released of inadequate cleanup by Tenant record or its contractorssufficiently bonded within thirty (30) days, all as set forth in this Section 3.03.
Appears in 1 contract
Sources: Lease Agreement (Arbios Systems Inc)
Tenant’s Work. Landlord Any item or work not shown in the Final Plans, including, for example, telephone and data service or furnishings, for which Tenant acknowledge and agree that certain work required for contracts separately (hereinafter “Tenant's occupancy of the Leased Premises’s Work”), including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, ’s policies and schedules and shall perform Tenant's Work be conducted in such a way as not to hinder hinder, cause any disharmony with or delay the operations work of Landlord or the Contractor improvement in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledgeTenant’s suppliers, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors contractors, workmen and mechanics shall be subject to Landlord's reasonable approval by Landlord prior written approval, and to the administrative supervision commencement of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount their work and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed subject to ▇▇▇▇▇▇▇▇’s administrative control while performing their work. Tenant shall cause its suppliers and contractors to engage only labor that is harmonious and compatible with other labor working in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate In the event of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged labor disturbance caused by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done persons employed by Tenant or its contractors▇▇▇▇▇▇’s contractor, by reason Tenant shall immediately take all actions necessary to eliminate such disturbance. At any time any supplier, contractor, ▇▇▇▇▇▇▇ or mechanic performing Tenant’s Work hinders or delays any other work of damage improvement in the Building or performs any work which may or does impair the quality, integrity or performance of any portion of the Building, Tenant shall cause such supplier, contractor, ▇▇▇▇▇▇▇ or mechanic to existing work leave the Building and remove all his tools, equipment and materials immediately upon written notice delivered to Tenant, and Tenant shall reimburse Landlord for any repairs or corrections of the Tenant Improvements or Tenant’s Work or of any portion of the Building caused by or resulting from the work of any supplier, contractor, ▇▇▇▇▇▇▇ or mechanic with whom Tenant or its contractors, or by reason contracts as Additional Rent under the Lease. Tenant shall have provided Landlord with adequate proof of inadequate cleanup that insurance required to be maintained by Tenant or its contractorspursuant to the terms of the Lease, prior to commencing any Tenant Work.
Appears in 1 contract
Sources: Office Lease (Intersearch Group Inc)
Tenant’s Work. Tenant shall, at Tenant’s sole cost and expense, and in accordance with the working drawings and specifications (“Tenant Plans”) to be approved by Landlord within ten (10) business days of delivery to Landlord in Landlord’s reasonable discretion not to be unreasonably withheld or delayed, complete the “Tenant’s Work”. The “Tenant’s Work”, as more clearly described on Exhibit F attached hereto and Tenant acknowledge and agree that certain work required for Tenant's occupancy incorporated herein by reference, shall mean the installation of the Leased Premiseswork included in constructing the tenant improvements, including but not limited together with any and all work necessary or convenient to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant for Tenant to commence to do business in, upon or from the Premises, including without limitation, correction of deficiencies and inconsistencies with the Landlord-approved Tenant Plans. DRAFT In connection with Tenant’s Work, Tenant shall be responsible for obtaining all governmental approvals, permits and licenses required for such work and for Tenant’s use and occupancy of the Premises, including without limitation a certificate of occupancy or its contractors equivalent and shall provide Landlord with a copy of all such approvals, permits, licenses and certificates. Additionally, Tenant agrees that if any work must be undertaken within the Premises in order for Landlord to be able to obtain a certificate of occupancy or its equivalent for the Building (such as, by way of example only, life safety work), Tenant will, promptly upon its receipt of written notice from Landlord identifying such work, commence such work and thereafter diligently pursue the same to completion (such work in any event to be completed within ninety (90) days after Landlord’s written notice or such longer time as needed provided Tenant commences such work upon receipt of Landlord’s notice), all such work to be performed at Tenant's ’s sole cost and expense. All such work ("Promptly following written request from Tenant's Work") , Landlord shall be subject cooperate with Tenant, at no additional cost or expense to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work , in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of obtaining any such interference of which Landlord has actual knowledgegovernmental approvals, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, permits and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Worklicenses.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Facility Lease Agreement
Tenant’s Work. Landlord Tenant shall not make nor cause to be made any Alterations or Utility installations in, on, under or about the Premises without Landlord's prior written consent. Tenant may, however, at its sole cost and Tenant acknowledge and agree that certain work required for Tenant's occupancy expense, make non-structural Alterations or Utility Installations to the interior of the Leased Premises (excluding the roof) without Landlord's consent but upon notice to Landlord, so long as they are not visible from the outside of the Premises, including but do not limited involve puncturing, relocating or removing the roof or any existing walls, or changing or interfering with the fire sprinkler or fire detection systems and the cumulative cost thereof during each Lease Year does not exceed $10,000.00. Said notice to Landlord shall include a detailed description of said work and plans therefore. Landlord shall have the procurement opportunity to review said notice and installation of furniture, fixtures, equipment, artwork require reasonable modifications the proposed Alterations or Utility Installations. Any Alterations or Utility Installations that Tenant shall desire to make and interior signage are beyond which require the scope consent of the Tenant Improvements and Landlord shall be performed by Tenant or its contractors at Tenant's sole cost and expenseexpense and shall be presented to Landlord in written form with detailed plans. All such work ("Approval by Landlord shall not be deemed or construed to mean that Tenant's Plans comply with applicable laws, rules, regulations, ordinances, or codes. In the event that Landlord approves Tenant's Plans, Tenant shall submit all subsequent changes or amendments thereto to Landlord for its review and approval. If Landlord rejects Tena▇▇'▇ ▇lans, Tenant shall promptly revise and correct the same and promptly resubmit said plans and specifications to Landlord for its review and approval. Upon Landlord's approval of Tenant's Work") shall be subject to Landlord's prior written approval. , Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's scheduleshall, at its sole cost and shall expense, promptly perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, good and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount workmanlike manner using first-class new materials and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insuredsequipment, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection accordance with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged Plans which have been approved by Landlord, and in accordance with the requirements of all applicable Laws and Insurance Regulations.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Tenant’s Work. Landlord Any items of work not shown in the approved Plans, including, for example, the installation of telephone service, security system or furnishings (including wiring and cabling connections or installations), for which Tenant acknowledge contracts separately, and agree that certain work required for (subject to the provisions of Section 4(d) above) at Tenant's occupancy of the Leased Premisessole cost and expense (hereinafter "Tenant's Work"), including but not limited shall be subject to the procurement Landlord's reasonable policies and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements schedules and shall be performed conducted in such a way as not to hinder, cause any disharmony with or delay any work of improvement in the Building. Tena▇▇'▇ ▇uppliers, contractors, workmen and mechanics shall be subject to approval by Landlord (not to be unreasonably withheld or delayed) prior to the commencement of their work and shall be subject to Landlord's administrative control while performing their work. Tenant shall cause its suppliers and contractors to engage only labor that is harmonious and compatible with other labor working in the Building. In the event of any labor disturbance caused by persons employed by Tenant or its contractors Tena▇▇'▇ ▇ontractor, Tenant shall immediately, and at Tenant's sole cost and expense, take all actions necessary to eliminate such disturbance. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for If at any time any supplier, contractor, work▇▇▇ ▇▇ mechanic performing Tenant's Work hinders or delays any other work of improvement in conformance with the ContractorBuilding or performs any work which may or does impair the quality, integrity or performance of any portion of the Building, Tenant shall, at Tenant's schedulesole cost and expense, cause such supplier, contractor, work▇▇▇ ▇▇ mechanic to leave the Building and remove all his tools, equipment and materials immediately upon written notice delivered to Tenant and Tenant shall perform reimburse Landlord for any repairs or corrections of the Tenant Improvements or Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference portion of the Building caused by or resulting from the work of any supplier, contractor, work▇▇▇ ▇▇ mechanic with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demandwhom Tena▇▇ ▇▇▇tracts. Landlord shall make all reasonable efforts give access to notify Tena▇▇'▇ ▇uppliers, contractors, workmen and mechanics so as to achieve timely completion and occupancy of the Premises, Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications responsible for Tenant's Workhoisting charges for work under this paragraph.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Lease Agreement (Garage Com)
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Promptly after approval of Tenant's occupancy of the Leased PremisesPlans, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements ------------- shall commence and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such exercise all reasonable efforts to complete the work specified therein ("Tenant's Work") ). All Tenant's Work shall be subject to Landlordcompleted in accordance with the approved Tenant's prior written approvalPlans and the requirements for alterations and improvements made by or on behalf of Tenant set forth in this Lease. Tenant shall adopt a construction schedule Copies of all permits and approvals required for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and furnished to the administrative supervision of the ContractorLandlord promptly upon receipt thereof. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed by a general contractor approved by the Landlord, which approval shall not be unreasonably withheld or delayed, under a written construction contract providing for payment, performance and ▇▇▇▇ ▇▇▇▇▇ in conformity with the full amount of the contract sum; provided, however, that the Tenant may have Tenant's Work competitively bid by several general contractors approved in advance by the Landlord which approval shall not be unreasonably withheld or delayed and the Tenant may select among such general contractors the general contractor that will perform Tenant's Work. The approval by the Landlord of the Tenant's general contractor shall not impose upon the Landlord any responsibility or liability whatsoever to the Tenant as a valid permit when requiredresult of, a or arising out of, the defaults or other acts or omissions of the general contractor. A copy of which all required bonds and certificates of insurance required by this Lease shall be furnished to the Landlord before such work is commencedprior to commencement of construction and installation of Tenant's Work. In addition, the Landlord may monitor the progress of Tenant's Work, including, without limitation, attend any eventweekly or other periodic job meetings. The Landlord shall provide the Tenant with no less than twenty four hours prior notice before it enters the Premises to review Tenant's Work, all except in the event of an emergency, when no such notice shall be required. Any review and monitoring of Tenant's Work by the Landlord shall comply with all applicable lawsnot impose upon the Landlord any responsibility or liability whatsoever to the Tenant as a result of, codes and ordinances or arising out of, Tenant's Work. Within forty-five (45) days of completion of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure Work in accordance with the approved plans and specifications, the Tenant shall provide to comply the Landlord "as-built" plans showing precisely how and where Tenant's Work was actually installed. The Tenant shall provide the Landlord with such applicable laws. Any and all delay in obtaining copies of any certificates of occupancy for any Tenant's Work that requires a certificate of occupancy due to reasonably promptly after completion of any portion of Tenant's vendors is the responsibility of Tenant and Work. Nothing herein shall be a construed as permitting the Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering to occupy all or installing furniture or equipment to the second floor any portion of the Leased Premises), Premises for which the Tenant has not obtained a certificate of occupancy or its contractors shall arrange for any necessary hoisting or elevator service otherwise failed to comply with Landlord and shall pay such reasonable costs for such services legal requirements as may be charged by Landlordset forth herein.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Sublease (Lifef X Inc)
Tenant’s Work. Landlord Tenant will engage, at its expense (except as provided below), its own architect or engineer to produce plans and Tenant acknowledge specifications ("Plans and agree that certain work Specifications") for the "build-out" of the Premises required to prepare the Premises for the conduct of Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work business therein ("Tenant's Work") shall be subject to Landlord's prior written approval). Tenant shall adopt a construction schedule for Tenant's Work in conformance with Without limiting the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision generality of the Contractor. foregoing, Tenant's Work shall comply with also include the construction of all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, demising walls within or around the Premises; (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, common bathrooms and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, corridors leading thereto and (iii) complete accessways leading to the Premises, excluding demising walls leading to the loading dock referred to in Section 1 above. The Plans and detailed plans and Specifications shall set forth, among other things, (i) specifications for the use, operation and testing of Tenant's emergency generator and associated fuel tank and (ii) the items of Tenant's Work which Tenant shall be required to remove from the Premises at the expiration or earlier termination of this Lease ("Tenant's Removal Items"). Landlord shall provide, at Tenant's expense, temporary power to the Premises from existing sources during construction of Tenant's Work.
(b) . Prior to the commencement of Tenant's Work Work, Tenant shall be performed in conformity with a valid permit when required, a copy of which shall be furnished deliver the Plans and Specifications to Landlord before such work is commenced. In any eventfor its written approval, all Tenant's Work which approval shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Buildingnot be unreasonably withheld or delayed. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due respond to Tenant's vendors is request for approval of its Plans and Specifications within ten (10) business days after receipt thereof; the responsibility failure of Landlord to respond within said period shall constitute approval of the Plans and Specifications. In the event that Landlord shall not approve the Plans and Specifications, Landlord shall notify Tenant of its objections thereto. Landlord and Tenant shall thereafter work cooperatively and in good faith to reach agreement upon mutually acceptable Plans and Specifications. Landlord shall not be a Tenant Delay.deemed to be unreasonably withholding its consent to the Plans and Specifications if, among other things:
(cI) In connection with the Plans and Specifications do not contain sufficient detail to enable Landlord to evaluate the effect including, without limitation, noise, vibration, odor and emissions, on the Building and Landlord's other tenants of Tenant's Work installation and testing of Tenant's emergency generator and associated fuel tank (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises"Generator Effect"), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.;
Appears in 1 contract
Sources: Lease Agreement (BGS Systems Inc)
Tenant’s Work. Landlord The Architectural Drawings and Tenant acknowledge Specifications and agree that certain work required for Tenant's occupancy of the Leased PremisesEngineering Plans and Specifications, including but not limited to as approved by Landlord, shall thereupon collectively constitute the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's WorkPlans") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work improve the Premises in conformance accordance with the Contractor's scheduleTenant’s Plans. The work set forth in the Tenant’s Plans is hereinafter referred to as “Tenant’s Work”. From and after the date of Landlord’s approval of the Tenant’s Plans, any changes to the Tenant’s Plans, except Permitted Changes (as defined in Paragraph 6 hereof), shall not be binding unless approved in writing by both Landlord and Tenant, such approval not to be unreasonably withheld, conditioned or delayed with respect to Tenant’s Work that does not affect Building systems or the Building structure. Landlord’s approval of the Tenant’s Plans shall constitute approval of Tenant’s design concept only and shall perform Tenant's Work in such no event be deemed a way as not to hinder representation or delay the operations of Landlord or the Contractor in the Building. Any costs incurred warranty by Landlord as a result of to whether the Tenant’s Plans comply with any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make and all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and legal requirements applicable to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) ’s Plans and Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's ’s Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any eventthe performance of Tenant’s Work, all Tenant's Work Tenant shall comply with all applicable laws, codes and ordinances regulations. Tenant shall obtain all permits, certificates and other governmental approvals from all governmental entities having jurisdiction thereover which are necessary for the prosecution and completion of Tenant’s Work. Tenant’s Work shall include, but not be limited to, the cost of all permits and governmental inspections, all architectural and engineering fees, the preparation and delivery to Landlord of a complete set of “as-built” plans showing Tenant’s Work, in hard copy and an electronic version thereof which is acceptable to Landlord (the "As-Built Plans") (which As-Built Plans shall be delivered to Landlord not later than the tenth (10th) day following the substantial completion of Tenant’s Work). Prior to commencing Tenant’s Work, Tenant shall provide to Landlord the name and address of each contractor and subcontractor which Tenant intends to employ to perform Tenant’s Work, the use of which subcontractors and contractors shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed if (1) the contractor or subcontractor is properly licensed, and (2) neither Landlord nor any affiliate of Landlord has had no prior experience with such contractor or subcontractor which was unsatisfactory to Landlord. Prior to the commencement of any governmental entity having jurisdiction over the Building. Landlord of Tenant’s Work, Tenant shall have no responsibility for deliver to Landlord, with respect to each contractor and subcontractor which Tenant intends to employ to perform any of Tenant's failure to comply with such applicable laws. Any and all delay in obtaining ’s Work, a certificate of occupancy due insurance from each such contractor or subcontractor specifying Landlord as a named insured and evidencing that each such contractor or subcontractor has obtained the applicable insurance coverages described in Section 17.B. of the Lease. Said contractors and subcontractors shall also comply with other reasonable industry requirements of Landlord. Tenant shall pay to Landlord a coordination fee in an amount equal to one percent (1%) of the cost of Tenant's vendors is ’s Work (the responsibility of Tenant and "Coordination Fee"), which Coordination Fee shall be a deducted from the Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment Allowance to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs extent that funds are available therefrom for such services as may be charged purpose or otherwise paid directly by Landlord.
(d) Tenant shall promptly pay to Landlord upon demand for any extra expense incurred by Landlord by reason the substantial completion of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractorsTenant’s Work.
Appears in 1 contract
Sources: Deed of Lease (Novavax Inc)
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain shall perform such work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniturePremises as Tenant shall determine in order to prepare the Premises for its initial occupancy, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall such work to be performed by Tenant or at its contractors at Tenant's sole cost and expenseexpenses (except as hereinafter provided) in accordance with all applicable law and in accordance with plans and specifications therefor which Landlord has approved, such approval not to be unreasonably withheld, delayed or conditioned. All Promptly after the execution of this Lease, Tenant shall have such work plans and specifications prepared and submitted to Landlord no later than ninety ("Tenant's Work"90) shall be subject to Landlord's prior written approvaldays after the date of execution of this Lease. Tenant shall adopt a construction schedule obtain all necessary governmental permits for Tenant's Work in conformance with the Contractor's schedule, such work and shall perform Tenant's Work such work expeditiously and in such a way as manner which does not to hinder or delay cause any undue interference with the operations of Landlord or the Contractor in any other tenants at the Building. Any costs incurred by Landlord as a result All of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work work shall be performed in conformity accordance with reasonable rules and regulations therefor which Landlord has provided. Any contractor performing such work shall maintain commercial general liability insurance in an amount of at least $3,000,000 naming the Landlord as an additional insured and a valid permit when required, a copy certificate of which such insurance shall be furnished submitted to Landlord before prior to the date that any such work is commenced. In addition the Tenant responsibilities and scope of work are further defined in the Landlord/Tenant Responsibility Matrix which is attached as Exhibit F. Landlord shall make available to Tenant a construction allowance (the “Tenant Allowance”) in the amount of One Million Eighty Thousand One Hundred Eighty-Nine Dollars ($1,080,189.00) (subject to reduction as provided in Section 10.12) which Tenant may use for the design and performance of such work as follows: no more than once per calendar month, Tenant may submit to Landlord a Requisition (as that term is hereinafter defined) and Landlord shall pay the amount of the Requisition to Tenant provided that no default of Tenant that has been noticed in writing to the Tenant, then exists and the total amount of all payments made by Landlord to Tenant hereunder shall not exceed $1,080,189.00. Such payments shall be made by Landlord to Tenant within thirty (30) days after the date of its receipt of a Requisition. As used herein, a Requisition shall mean that Tenant has submitted to Landlord an invoice setting forth the work and services performed to date, itemizing the cost of such work and services, and evidencing the cost of such work and services through paid invoices, receipts and the like, together with a partial lien waiver from the general contractor and all subcontractors having a contract in excess of $2,500.00 and a certificate from Tenant’s architect to Landlord that all of such work has been performed in accordance with the plans and specifications approved by Landlord. The initial Requisition shall be accompanied by a IRS W-9 statement completed by Tenant. The amount of costs and expenses for which a Requisition is made shall not exceed ninety percent (90%) of the actual costs and expenses incurred by Tenant (in other words there shall be a ten percent (10%) holdback until the final Requisition which must be accompanied by a certificate from Tenant’s architect that the work has been completely performed in accordance with said plans and specifications, a certificate of occupancy issued by the Town of Norwood, and final lien waivers from the general contractor and all subcontractors having a contract in excess of $2,500. For the purposes hereof, architects and engineers shall be deemed to be subcontractors. At any eventtime that a Requisition is received a lien has been filed against the Property or a part thereof arising out of Tenant’s Work or such services, all Tenant's Work then Landlord may withhold from the amount of the Requisition, an amount equal to one hundred fifty percent (150%) of the amount of such lien until such lien has been released of record, through bonding or the like. At the time of each Requisition, Landlord shall comply with all applicable lawshave a credit against the amount due and payable in the amount in which Landlord has theretofore paid under this Section. In the event that Tenant does not claim any part of said Allowance within twelve (12) months after the date of this Lease, codes and ordinances of any governmental entity having jurisdiction over the Building. then Landlord shall have no responsibility for Tenant's failure obligation to comply with pay any such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delayamount.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Lease Agreement (Corbus Pharmaceuticals Holdings, Inc.)
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased PremisesAdditional Space, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractorscontractors (which approval shall not be unreasonably withheld or delayed), (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy (a) Upon being given possession of the Leased PremisesPremises (whether exclusive or not), including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements shall, at its own expense, diligently carry out and shall be performed by complete the Tenant’s Work. The Tenant or its contractors at will carry out the Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's ’s Work in such a way manner as will not to hinder or delay interfere unreasonably with the operations of performance by the Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Landlord’s Work shall comply and otherwise in accordance with all the provisions of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractorsthis Lease, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlordincluding, without limitation, the Contractor, provisions of sections 9.4 and the agents of Landlord 10.3 and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.Schedule D.
(b) The Landlord (or an Affiliate of the Landlord) may tender to the Tenant a price for the completion, as the Tenant's ’s contractor, of the Tenant’s Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work (excluding the Tenant’s trade fixtures). If the Landlord’s tender price is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances within 5% of any governmental entity having jurisdiction over other bona fide tender from qualified contractors which the BuildingTenant may receive with respect to the Tenant’s Work (the Tenant hereby agreeing to obtain bona fide tenders for the Tenant’s Work from qualified contractors), then the Tenant shall accept the tender submitted by the Landlord (or its Affiliate) for the Tenant’s Work. Landlord shall have no responsibility for Tenant's failure to comply with All amounts payable by the Tenant under such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall accepted tender will be a Tenant Delayconsidered Additional Rent.
(c) In Within 30 days following the completion of the Tenant’s Work the Tenant shall provide the following to the Landlord:
(i) a statutory declaration:
(A) stating that the Tenant’s Work has been performed in accordance with all of the provisions of the plans and specifications approved by the Landlord and this Lease and that all deficiencies (if any) which the Landlord has brought to the Tenant’s attention have been corrected;
(B) stating that there are no construction liens or other liens or encumbrances registered or capable of being registered or otherwise outstanding against the Lands in respect of work, services or materials relating to the Tenant’s Work and that all accounts for work, services or materials relating to the Tenant’s Work have been paid in full;
(C) listing each contractor and subcontractor who did work or provided materials in connection with the Tenant's Work ’s Work; and
(e.g., delivering or installing furniture or equipment D) confirming the date on which the last work in relation to the second floor Tenant’s Work was performed and materials were supplied;
(ii) an itemized list certified by the Tenant showing the costs actually expended by the Tenant for the completion of the Leased Tenant’s Work;
(iii) a clearance certificate issued under the Workers Compensation Act in respect of each contractor and subcontractor listed on the aforesaid statutory declaration;
(iv) a copy of every occupancy and other permit which may be required by any governmental or other regulatory authority having jurisdiction, to permit the Tenant to occupy and open for business in the Premises); and
(v) a certificate of a professional engineer acceptable to the Landlord, Tenant or its contractors shall arrange for any necessary hoisting or elevator service certifying that the Tenant’s Work has been carried out in accordance with the plans and specifications as approved by the Landlord and shall pay such reasonable costs for such services as may be charged by the Landlord’s engineering consultants.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Lease Agreement (Ehave, Inc.)
Tenant’s Work. Landlord Tenant shall construct the following improvements (the "Tenant Improvements") in accordance with the approved plans and Tenant acknowledge and agree that certain work required for all other applicable laws, which shall not be part of the "Turn Key", thus solely at Tenant's occupancy of expense: • • • • • • • • • • • • • • • • • • • • • Tenant shall install Tenant's trade fixtures, signs and other personal property ("Tenant's Property") in the Leased Premises, including but not limited to all without interfering with any other work being done in the procurement building or the Project. Tenant's Work, and the installation of furnitureTenant's Property, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed in compliance with all reasonable rules established by Landlord or Landlord's architect or contractors. Upon final completion of Tenant's Work, Tenant shall furnish Landlord with all certificates, permits and approvals relating to any work or installations done by Tenant that may be required by any governmental authority or insurance company. Landlord shall have no responsibility for any loss of or damage to any of Tenant's Property so installed or left on the Premises. Tenant's entry shall be subject to all of the provisions of the Lease, and at all times after such entry, Tenant shall maintain or cause to be maintained in effect insurance complying with the Lease. Under no circumstances shall Tenant make any alterations or modifications to the exterior of the Premises or the Project, unless such alteration or modification was approved by Landlord in the approved plans. Tenant shall not make any roof penetrations without the prior written consent of Landlord. Unless otherwise agreed in writing by Landlord, any roof penetrations shall be made by Landlord's roofing contractor, and the cost thereof shall be reimbursed by Tenant. Any roof penetrations made by Tenant or its contractors at shall be inspected and patched by Landlord's roofing contractor, and Tenant shall reimburse Landlord for the cost thereof. All of Tenant's sole cost Work shall be designed by a qualified, licensed architect and expense. All shall be performed under the supervision of such work ("architect by financially sound and bondable contractors of good reputation, in accordance with Tenant's Plans as approved in writing by Landlord prior to commencement of Tenant's Work") . All contractors performing Tenant's Work shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld conditioned or delayed. Tenant shall adopt not use any contractor not approved in writing by Landlord. Landlord hereby approves Tenant's use of ▇▇▇▇▇▇▇ BUILDERS to perform the Tenant Improvements. Notwithstanding the foregoing, Tenant and Tenant's Contractor shall nevertheless use Landlord's HVAC subcontractor due to the energy management system at the Project. In connection with giving its consent, Landlord may require that any contractor, or major subcontractors, provide payment and completion bonds in such amount and with sureties acceptable to Landlord. All work shall be performed in a construction schedule good and workmanlike manner and shall be diligently prosecuted to completion, using new materials of good quality. If Tenant elects to use a contractor other than ▇▇▇▇▇▇▇ BUILDERS then Tenant shall notify Landlord at least three (3) business days prior to the commencement of any portion of Tenant's Work and in either case Tenant agrees that Landlord may post, file and/or record a notice of non-responsibility or other notice required under applicable mechanics' lien laws. Upon completion of Tenant's Work, Tenant shall record in the office of the County Recorder of the County in which the Project is located a notice of completion or any other notice required or permitted by applicable mechanics' lien laws to commence the running of, or terminate, any period for the filing of liens or claims, and shall deliver to Landlord any certificate of occupancy or other equivalent evidence of completion of Tenant's Work in conformance accordance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations requirements of Landlord or the Contractor in the Buildingapplicable law. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply compliance with all applicable laws, codes codes, rules and ordinances regulations of all governmental and quasi-governmental authorities with jurisdiction. All contractors performing any portion of Tenant's Work shall maintain insurance which meets the requirements of Landlord. Tenant shall pay all costs and expenses (including permit fees and other governmental entity having jurisdiction over fees and exactions) due for, or purporting to be due for, all work, labor, services, materials, supplies or equipment furnished, or claimed to be furnished, to or for Tenant in connection with the Buildingperformance of Tenant's Work, and Tenant shall keep the Premises and the Project free of all mechanics', materialmen's and other liens arising therefrom. Tenant may contest any such lien, but only if Tenant first procures and posts, records and/or files a bond or bonds issued by a financially sound, qualified corporate surety in conformance with the requirements of Landlord. Tenant shall pay and fully discharge any contested claim or lien within five (5) business days after entry of final judgment adverse to Tenant in any action to enforce or foreclose such lien. However, notwithstanding any such contest, Landlord shall have no responsibility the right at any time to pay any lien imposed hereunder if in Landlord's reasonable judgment such payment is necessary to avoid the forfeiture, involuntary sale or loss of any interest of Landlord or any other tenant or owner in the Project, or any portion thereof. Tenant shall indemnify, defend, protect and hold Landlord harmless of and from any and all loss, cost, liability, damage, injury or expense (including attorneys' fees) arising out of or in connection with claims or liens for work, labor, services, materials, supplies or equipment furnished, or claimed to be furnished, to or for Tenant, in, upon or about the Premises or the Project. Tenant's failure contractors and subcontractors are required to check in with the Landlord's Property Manager for instructions and coordination prior to going on the site. All Tenant Contractors are to comply with such applicable lawsProject rules and regulations as set forth by Landlord. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is Contractors will not be permitted to start work until they: • Have all necessary building permits and have posted such permits on the responsibility wall in the Tenant's space. • Furnish proper evidence of required insurance coverage. • Sign for and take possession of keys to service doors of premises (if any) and acknowledge proper installation and operation of said service door. • Furnish names and phone numbers (office and home) of contractor's supervisory personnel. • Have a set of Landlord approved drawings in the space at all times. • Acknowledge receipt of a copy of these Construction Rules. • Furnish proper evidence that all fees and/or deposits required to commence work have been fully paid. All contractors are required to furnish the Landlord's Property Manager with certificates showing evidence of the following insurance coverage prior to commencing any work. The insurance shall: (i) be issued by insurance companies authorized to do business in the State of Nevada with a current financial rating of at least an A- Class XV or better as rated in the most recent edition of Best's Key Rating Guide; (ii) be issued as a primary policy; (iii) contain an endorsement requiring thirty (30) days written notice from the insurance company to Landlord before cancellation or material change and, (iv) shall be written with minimum coverage's and limits as required by law and the following: • "All risk" builders' risk insurance in an amount equal to 100% of the replacement cost of the Improvements on a non-reporting, completed value basis, coverage against the perils or damage resulting from water damage; • Owner's Protective Liability Insurance in an amount of not less than $1,000,000 naming Landlord as a Named Insured; • Unless otherwise waived, in writing, by Landlord, a performance bond from Tenant's general contractor in an amount equal to the contract sum or contract amount set forth in the construction contract between Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to its general contractor providing for the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord construction; • Independent Contractors coverage; and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred • All other insurance and is reasonably required by Landlord or as is customarily carried by reason of faulty work done by Tenant or its contractorscontractors in the Las Vegas, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractorsNevada area.
Appears in 1 contract
Tenant’s Work. Landlord and Tenant acknowledge and agree Tenant’s Work shall be installed in a manner that certain work required conforms with the Premises Contractor’s and/or subcontractor’s schedule for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope completion of the Tenant Improvements and Improvements. Tenant’s Work shall be performed by handled in such a manner as to maintain harmonious labor relations and as not to interfere with or delay construction of the TI Work or other Landlord work for other tenants in the Building. No portion of the TI Work shall be dependent upon completion of any Tenant’s Work and the TI Work shall have priority over any Tenant’s Work; provided Landlord shall cause the Premises Contractor to use commercially reasonable efforts (which shall not include increased costs or liability to Landlord) to cooperate with Tenant so as to allow completion of Tenant’s Work in a timely and efficient manner without unreasonable delay or its contractors at additional material cost. The contractors, subcontractors and materialmen performing Tenant's sole cost and expense. All such work ("Tenant's Work") ’s Work shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred reasonable approval by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors and shall be subject to Landlord's prior written approval, and to the reasonable administrative supervision of Landlord and reasonable and customary non-discriminatory rules of the Contractorsite. In no event will a decision not to use non-union contractors if the Building or Building is a union site be discriminatory. Contractors, subcontractors and materialmen performing Tenant's ’s Work shall comply with take all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractorsnecessary steps to insure, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services so far as may be charged by Landlord.
(d) possible, the progress of the work without interruption on account of strikes, work stoppage or similar causes for delay. In the event that the contractors or subcontractors performing Tenant’s Work do not promptly cause any pickets to be withdrawn and all other disruptions to the operations of the Building promptly to cease, or in the event that Landlord notifies Tenant that Landlord has in good faith concluded that picketing or other disruptive activities are an imminent threat, Tenant shall promptly immediately cause the withdrawal from the job of all its contractors, subcontractors or materialmen involved in the dispute. Any delay caused to the Premises Contractor attributable to Tenant’s Work shall constitute Tenant Delay (as defined in Section 2.2 of the Lease), and in addition to the obligations set forth elsewhere herein, Tenant shall be obligated to pay Landlord upon demand for any extra all cost and expense incurred by Landlord by reason in connection therewith, including lost rental income. No portion of faulty work done by Tenant Tenant’s Work shall be taken into account in determining whether or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractorsnot the Premises are Substantially Complete.
Appears in 1 contract
Sources: Lease (Cray Inc)
Tenant’s Work. (1) Landlord and Tenant acknowledge and agree that certain shall also perform all work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work described in Exhibit C attached hereto ("Tenant's Work") shall be subject to Landlord's prior written approval). Tenant shall adopt a construction schedule for All such Tenant's ’s Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid and diligently completed in accordance with the terms of this Section 25, and in strict compliance with zoning, building and other applicable codes, laws and ordinances. The cost of Tenant’s Work shall be borne by Landlord and/or Tenant to Landlord upon demand. as follows: Landlord shall make pay for the initial $85 per square foot (i.e. an aggregate of $4,250,000) of Tenant’s Work ("Landlord‘s Contribution") and Tenant shall, in accordance with such timing and procedures as Landlord may reasonably designate, pay all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall sums in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:excess thereof.
(a2) Tenant's Work Tenant shall not proceed until promptly furnish Landlord has approved in writingwith proof that Tenant has: (i) complied with Landlord’s timing and procedures with respect to the funding of its share of the costs of Tenant’s Work; and (ii) deposited into an account under Landlord’s control (the “Tenant’s Construction Contribution Account") the entire amount Tenant reasonably estimates is necessary to perform Tenant’s Work (the "Tenants Contribution Funds"), co-terminus with application of Landlord’s Contribution. The Tenant’s Contribution Funds shall be used solely to pay for the construction and performance of the Tenant's Work pursuant to this Lease. Tenant agrees that if an “Event of Default" occurs under this Lease, or if Landlord elects to do so in connection with performing Tenant’s Work as set forth in Section 25(b)(1) above, Landlord may:
(A) Enter upon the Demised Premises and take possession of any materials or equipment, and construct, perform and complete the Tenant’s Work, at the risk and expense of Tenant. Landlord shall have the right at any time to discontinue work commenced by it in respect of the Tenant’s Work or to change any course of action undertaken and shall not be bound by any limitations or requirements of time. In connection with any construction of the Tenant’s Work undertaken, Landlord may (i) engage contractors, engineers and others for the purpose of furnishing labor, materials and equipment in connection with any construction of the Tenant’s Work, (ii) proof cause to be paid, settled or compromised, out of the amount and coverage Tenant’s Construction Contribution Account, all bills or claims which may become liens against the Demised Premises or the Tenant’s Work, or which have been or may be incurred in connection with the construction, completion and/or performance of public liability and property damage insurance carried by the Tenant's contractors ’s Work or for the discharge of liens, encumbrances or defects in the form title of an endorsed insurance certificate naming Landlord, the Contractor, and Demised Premises or the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollarsTenant’s Work, and (iii) complete and detailed plans and specifications for Tenant's Worktake such action or refrain from acting under this Lease as Landlord may in its sole discretion from time to time determine without limitation.
(bB) Employ watchmen at Tenant's expense, out of the Tenant’s Construction Contribution Account, to protect the Tenant’s Work, including any building materials stored on the Demised Premises, from depreciation or injury.
(C) For the purpose of carrying out this Section 25 and exercising these rights, powers and privileges, Tenant hereby irrevocably constitutes and appoints Landlord as its true and lawful attorney-in-fact to execute, acknowledge and deliver any instruments and do and perform any acts such as are referred to in this Section 25 in the name and on behalf of Tenant.
(D) Exercise any other remedies provided under this Lease or applicable law or in equity, any and/or all of which remedies Landlord may exercise concurrently or consecutively at any time.
(3) At such time as Landlord or Tenant shall have received the requisite approvals from any municipality or governmental agency having jurisdiction over the completion of the Tenant’s Work, such party hereto shall provide such documentation to the other party hereto.
(4) The provisions of this Section 25 shall survive any termination of this Lease.
(5) Tenant's Work shall be performed Plans," prepared in conformity with Exhibit C attached hereto, and containing a valid permit when requiredlayout for Tenant’s intended use of the Demised Premises and exterior sign drawing, a copy are included in the Building Plans in Exhibit B.
(6) Tenant shall not install any fixtures or equipment which can exceed the capacity of which any utility facilities serving the Demised Premises. Any additional utility facilities required in connection with any equipment installed by Tenant shall be furnished to Landlord before such work is commenced. In any event, all installed at Tenant's Work expense and shall comply with all applicable laws, codes code requirements and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any plans and all delay specifications which are approved in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged writing by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Lease Assignment and Amendment (Global Medical REIT Inc.)
Tenant’s Work. SECTION 12.01. Subject to Landlord's obligations under Article XI, Tenant agrees to accept the Demised Premises in an "AS IS" condition as of the Commencement Date without any representations or warranties on the part of Landlord. Except as otherwise specifically provided in this Lease, Landlord has not made any representations or warranties of any kind to Tenant. No representations or warranties of any kind made by anyone, including without limitation, any real estate broker or agent, shall be binding upon Landlord unless expressly set forth in this Lease. Tenant shall be financially responsible for the following construction activities. Architects and Tenant acknowledge shall have rights to any and agree that certain work required all warranties provided by sub-contractors and or general contractors.
A. Architecture Fees for Tenant's occupancy of the Leased Premises, interior work.
B. Interior Fit-Out including but not limited to the procurement and installation of paint, carpet/flooring, furniture, fixtures, equipment, artwork Drive-Thru lanes equipment, upgrades to electrical system, vault system, partitions, and interior signage are beyond doorways. Tenant may, at any time and from time to time, alter, expand, demolish, restore, modify or change any such improvements in whole or in part provided that Tenant shall first obtain Landlord's written approval, which approval shall not unreasonably be withheld. Tenant's improvements on the scope Premises must have a value substantially equivalent to or greater than the improvements which were originally approved by Landlord. All work done which is required to be performed to permit Tenant's occupancy and use of the Tenant Improvements and Demised Premises for the Permitted Use shall be performed by Tenant, at its sole expense, and Landlord shall not be required to perform or to bear any of the expenses for such work. All of such work shall be performed in a diligent manner.
SECTION 12.02. Any Tenant's Work made shall remain on and be surrendered with the Demised Premises on expiration or termination of the Term.
SECTION 12.03. Tenant shall have no power to do any act or its contractors make any contract which may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord in the Building, or any part thereof. All Tenant's Work, repairs, materials and labor shall be done at Tenant's sole cost expense, and expenseTenant shall be solely and wholly responsible to contractors, laborers and materialmen and such contractors, laborers and materialmen are hereby charged with notice that they must look solely and wholly to Tenant for the payment of any bills for work done and materials furnished. All such work ("Landlord reserves the right, before approving any Tenant's Work") shall be subject , to Landlord's prior written approval. require Tenant shall adopt to furnish it a construction schedule for good and sufficient bond to secure Tenant's Work in conformance with the Contractor's scheduleliability for payment, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) SECTION 12.04. Tenant shall procure and maintain an adequate workmen's compensation insurance policy and such additional insurance policies as Landlord shall reasonably request to insure against losses, damages or claims arising out of or from Tenant's Work Work. Prior to the commencement of such Tenant's Work, Tenant shall be performed in conformity with a valid permit when required, a copy of which shall be furnished deliver to Landlord before such work is commenced. In any eventeach policy, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining or a certificate evidencing such policy, together with evidence of occupancy due payment of premiums for all policies of insurance required to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done maintained by Tenant or its contractors, by reason of damage pursuant to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractorsthis Section 12.06.
Appears in 1 contract
Sources: Lease (Yardville National Bancorp)
Tenant’s Work. Except as otherwise described in this Section 10.4, Tenant shall not make any installations, alterations, additions or improvements in or to the Premises, including, without limitation, any appertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord and Tenant acknowledge and agree (i) which consent, as to installations, alterations, additions or improvements that certain work required for Tenant's occupancy do not affect the Building systems or the structure of the Leased PremisesPremises or the Building, including but shall not limited be unreasonably withheld or delayed and (ii) which consent shall not be necessary as to the procurement cosmetic improvements (i.e., painting and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and carpeting) that does not cost more than $10,000 in any one instance. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications (except for cosmetic improvements) and a construction schedule therefor reasonably approved in advance by Landlord. Tenant shall procure at Tenant’s sole expense all necessary permits and licenses before undertaking any work on the Premises and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. Prior to commencing any work at the Premises, Tenant shall provide Landlord with a copy of the executed contract with the general contractor for such work. If requested by Landlord, Tenant shall furnish to Landlord prior to the commencement of any such work a bond or other security acceptable to Landlord assuring that any work by Tenant or its contractors will be completed in accordance with the approved plans and specifications. Tenant shall keep the Premises at Tenant's sole cost all times free of liens for labor and expensematerials. All Tenant shall employ for such work only contractors approved by Landlord, which approval shall not be unreasonably withheld, and shall require all contractors employed by Tenant to carry worker’s compensation insurance in accordance with statutory requirements and commercial public liability insurance covering such contractors on or about the Premises in amounts that at least equal the limit of $2,000,000 and to submit certificates evidencing such coverage to Landlord prior to the commencement of such work. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Subject to compliance with the terms of Section 10.6 of this Lease, Landlord may inspect the work of Tenant at reasonable times and give notice of observed defects. Subject to the above provisions of this Section 10.4, including the submission of final plans and specifications to Landlord for Landlord’s approval, and so long as Tenant’s engineer or architect certifies to Landlord that such items, once installed, will either be compatible with the Building’s plumbing, electrical and mechanical systems or Tenant will perform such upgrades or modification to the applicable systems in the Building necessary to achieve such compatibility ("Tenant's Work") shall be subject to Landlord's ’s prior written approval. Tenant shall adopt a construction schedule for approval of Tenant's Work in conformance with ’s request to perform the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, same and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
the same, which approval shall not be unreasonably withheld, delayed or conditioned), Tenant shall have the right to install the specialized tenant improvements that are mutually agreed to by Landlord and Tenant after the date hereof (b) Tenant's Work the “Approved Specialized Tenant Improvements”). Once the Approved Specialized Tenant Improvements are agreed to, Landlord and Tenant shall enter into a letter agreement acknowledging the same and acknowledging that the list of such agreed to items shall be performed in conformity with a valid permit when requireddeemed to be attached to this Lease as Exhibit E. Tenant shall perform all necessary maintenance, a copy repairs and replacements of which shall be furnished to the Approved Specialized Tenant Improvements throughout the Lease Term. Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes acknowledges and ordinances of any governmental entity having jurisdiction over agrees that ▇▇▇▇▇▇▇▇ has reviewed and approved the Buildingspace plan attached hereto as Exhibit F (the “Space Plan”). Landlord shall have no responsibility not unreasonably withhold, delay or condition its approval of the final plans and specifications (the “Final Plans”) for Tenant's failure the leasehold improvements shown on the Space Plan and the Approved Specialized Tenant Improvements so long as such final plans are, in Landlord’s good faith judgment, substantially in accordance with the Space Plan and Exhibit E and do not contain any material modifications and so long as such Final Plans are accompanied by the certification referred to comply with such applicable lawsabove in this paragraph. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is If the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment Final Plans contain any material modifications to the second floor Space Plan or Exhibit E, ▇▇▇▇▇▇▇▇’s approval of the Leased Premises)Final Plans will not be unreasonably withheld, Tenant conditioned or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay delayed so long as such reasonable costs for such services as may be charged Final Plans are accompanied by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage the certification referred to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.above in this
Appears in 1 contract
Sources: Lease (Avant Immunotherapeutics Inc)
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors To procure at Tenant's sole cost expense all necessary permits and expense. All licenses before undertaking any work on the Premises; to do all such work ("Tenantin compliance with the applicable provisions of Sections 3.2 and 5.2.3 hereof; to do all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws; any work commenced by Tenant will be completed in accordance with the specifications set forth in Exhibit C or otherwise approved in writing by Landlord, whichever may be applicable, and that no liens for labor or materials will attach to the Premises with respect to any such work; to pay promptly when due the entire cost of any work on the Premises undertaken by Tenant so that the Premises shall at all times be free of liens for labor and materials; to employ for such work one or more responsible contractors whose labor will work without interference with other labor working on the Premises; to require such contractors employed by Tenant to carry workmen's Work") compensation insurance in accordance with statutory requirements and comprehensive public liability insurance covering such contractors on or about the Premises in amounts that at least equal the limits set forth in Section 1.1 and to submit certificates evidencing such coverage to Landlord prior to the commencement of such work; and to save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Tenant shall be subject have the right to make non-structural changes excluding changes to the HVAC or electrical systems that cost less than $25,000 without the Landlord's prior written approval. , provided that Tenant shall adopt a construction schedule provide plans and specifications for such work to Landlord prior to the commencement of such work, and provided that such work shall be undertaken and promptly completed in compliance with the provisions of this section. Any other Tenant's Work work shall likewise be undertaken and promptly completed in conformance compliance with the Contractor's schedule, provisions of this section and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to also require Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work which approval shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications be unreasonably withheld; any work for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid which no building permit when is required, a copy for example the installation of which office furniture, work stations and modular partitions, shall be furnished to Landlord before such work is commenced. In any event, all Tenantnot require the Landlord's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delayprior written consent under this subsection.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Net Lease (Millipore Corp /Ma)
Tenant’s Work. Landlord The Tenant shall submit all of its plans and Tenant acknowledge and agree that certain work required for specifications regarding any Tenant's occupancy work in the Leased Premises for approval by the Landlord or its representatives. The Tenant shall pay to the Landlord, on demand, a fee of $500.00 in connection with the review of the Leased Premises, including but not limited said plans and specifications for submission to the procurement City of Richmond such rate is subject to change. If the Tenant's drawings need to be reviewed by the structural engineer, electrical and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope mechanical consultants of the Landlord, an additional fee will be levied. Upon the Landlord's approval, such approval shall be at the Landlord's sole discretion, and the issuance of the building permit from the authorities having jurisdiction, the Tenant Improvements will begin and will thereafter diligently perform and complete the Tenant's work and will use its best efforts to complete its work within the period specified by the Landlord. The Tenant shall cause the Leased Premises to be fixtured in a good and workmanlike and first class manner and shall ensure that all necessary approvals of municipal and other governmental authorities having jurisdiction are promptly obtained. All work shall be performed by Tenant or competent designers and tradesmen compatible with those employed by the Landlord and its contractors and is subject to the supervision of the Landlord. During this period, the Landlord may occupy the Leased Premises jointly with the Tenant for the purpose of completing the Landlord's work. During this period, the Tenant shall take out and keep in force comprehensive general public liability insurance with respect to the construction of the leasehold improvements with coverage for any one occurrence or claim of no less than one million dollars ($1,000,000), which insurance shall include the Landlord as an additional named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord was separately insured. The Tenant shall also furnish to the Landlord written evidence of good standing with Workers' Compensation Board during the fixturing period. The Tenant agrees to take all steps necessary to promptly discharge any builders liens arising out of work done with respect to the Leased Premises at the Tenant's sole cost and own expense. All such work ("Tenant's Work") The Tenant agrees to comply with the design criteria of the Landlord, and failure to comply shall be subject deemed a default under the terms of this Offer to Landlord's prior written approvalLease. Tenant shall adopt a construction schedule for All the Tenant's Work required by the Tenant to complete the Leased Premises for occupancy shall be carried out in conformance a good and workmanlike manner with good workmanship and with new materials which shall all be of a high quality and conforming to the Contractor's schedulebest standards of practice, and shall perform not be in contravention of the codes or regulations of the municipality or any other authority having jurisdiction: Within fifteen (15), days of the date the Landlord reviews and being satisfies with the Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, financial and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlordcredit worthiness, the Contractor, Tenant shall provide the Landlord with 2 sets of sepia and the agents 3 sets of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed prints of preliminary plans and specifications for which shall demonstrate design preparation of detailed working drawings and design specifications. Preliminary plans and specifications shall be accompanied by sample boards of finishes and an artistic rendering. The Tenant further agrees that it shall appoint one of the interior designer from the suggested list of such professionals provided by the Landlord to complete the Tenant's Workdrawings and design.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Lease Agreement (Midnet Inc)
Tenant’s Work. Landlord (1) Once the Plans have been approved by Landlord, Tenant, at its sole cost and expense (subject to Landlord’s Contribution), shall promptly, and with all due diligence, perform Tenant’s Work as set forth on the Plans, and, in connection therewith, Tenant acknowledge shall obtain all necessary governmental permits and agree that certain work required approvals for Tenant's occupancy ’s Work. All of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and Tenant’s Work shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writingaccordance with: (i) Tenant's contractorsthe Plans, (ii) proof of the amount applicable Legal Requirements and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollarsInsurance Requirements, and (iii) complete the provisions of the Lease; provided however, that Tenant shall not be required to cause its contractors performing the initial Tenant’s Work to obtain a payment bond (as otherwise would have been required pursuant to Section 9.3 of the Lease). Subject to Section 5E hereof, Tenant shall have Tenant’s Work performed by contractors licensed in the Commonwealth of Massachusetts and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work reasonably approved by Landlord, which contractors shall be performed in conformity with a valid permit when required, a copy of which shall be furnished provide to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over insurance as required by the BuildingLease. Landlord shall have no responsibility for the right, in accordance with Section 20 hereof, to provide such reasonable rules and regulations relative to the performance of Tenant's failure to comply with ’s Work and any other work which the Tenant may perform under the Lease, and Tenant shall abide by all such applicable laws. Any rules and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant regulations and shall be a Tenant Delaycause all of its contractors to so abide, including, without limitation, payment for the costs of using Building services.
(c2) In connection with Tenant shall prepare and submit to Landlord promptly after Tenant's ’s Work (e.g., delivering or installing furniture or equipment is substantially complete a set of as-built plans in both print and electronic forms showing the work performed by Tenant to the second floor of the Leased Premises)Premises including, without limitation, any wiring or cabling installed by Tenant or its contractors shall arrange Tenant Contractor for any necessary hoisting or elevator service with Landlord Tenant’s computer, telephone and shall pay such reasonable costs for such services as may be charged by Landlordother communication systems.
(d3) Tenant All of Tenant’s Work shall be coordinated with any work being performed by or for Landlord at the Property and in such manner as to maintain harmonious labor relations. Each party may inspect the work of the other at reasonable times and shall promptly pay give notice of observed defects. Each party authorizes the other to rely in connection with design and construction upon approval and other actions on the party’s behalf by any construction representative of each of Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by and Tenant or any person hereafter designated in substitution or addition by notice to the party relying. As of the date hereof, Landlord’s construction representative shall be ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, having a telephone number of ▇▇▇-▇▇▇-▇▇▇▇ and an e-mail address of ▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, and Tenant’s construction representative shall be ▇▇▇▇▇ ▇▇▇▇▇▇, having a telephone number of ▇▇▇-▇▇▇-▇▇▇▇ and an e-mail address of ▇▇▇▇▇▇▇@▇▇▇.▇▇▇. Tenant acknowledges that Tenant is acting for its contractorsown benefit and account and that Tenant will not be acting as Landlord’s agent in performing any Tenant’s Work, by reason of damage accordingly, no contractor, subcontractor or supplier shall have a right to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractorslien Landlord’s interest in the Property in connection with any work.
Appears in 1 contract
Sources: Lease (Parametric Technology Corp)
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy agrees to accept the Leased Property in its present "AS IS" condition. Further alterations of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall Property will be performed by Tenant or its contractors at Tenant's sole cost expense (unless otherwise stated in this Lease) and expense. All such work ("deemed to be Tenant's Work". Tenant and Landlord shall approve and attach an EXHIBIT D (“Plan of Work”) to this Lease that shall include any drawings, statements of items being provided by Tenant and Landlord in the Leased Property and any other necessary items that are needed to clarify Tenant and Landlord responsibilities for the condition of the Leased Property at the Commencement Date. Both Tenant and Landlord shall approve the Plan of Work as soon as possible following the execution of this Lease. Both Tenant and Landlord must approve any changes to the Plan of Work, in writing, prior to proceeding with the changes. Approval of plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord for their accuracy or sufficiency or conformity with applicable laws, and Tenant shall be subject to Landlordsolely responsible for such plans and specifications and for all of Tenant's prior written approvalWork. Tenant shall adopt a construction schedule for not commence any of Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) EXHIBIT D. Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor taking possession of the Leased Premises)Property shall be conclusive evidence of Tenant's acceptance thereof in good order and satisfactory condition. Tenant agrees that Landlord has made no representations as to conformance with applicable laws respecting the condition of the Leased Property or the presence or absence of Hazardous Materials (hereinafter defined) in, at, under or abutting the Leased Property or the environment. Tenant also agrees that no representations respecting the condition of the Leased Property, no warranties or guarantees, expressed or implied, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, with respect to workmanship or any defects in material, and no promise to decorate, alter, repair or improve the Leased Property either before or after the execution hereof, have been made by Landlord or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlordagents to Tenant unless the same are contained herein.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Lease Agreement (Endocyte Inc)
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required In order to prepare the Premises for Tenant's occupancy thereof, Tenant, at its sole cost and expense, shall perform the following alterations, additions, improvements and other work on the Premises: replacement of the Leased roof of the Premises; replacement of the HVAC system in the Premises; replacement of the existing restroom with a new restroom, including but not showers; renovation of the interior of the Premises to Tenant's specifications, as approved by Landlord; renovation and/or replacement of the operating systems in the Premises; seismic upgrades (limited to the procurement and wall-to-roof anchors); installation of furniturecarpeting, fixturestile and new offices; and other interior improvements to Tenant's specifications, equipmentas approved by Landlord (collectively "Tenant's Work"). Tenant shall cause the Tenant's Work to be completed to Landlord's reasonable satisfaction. Prior to commencing Tenant's Work, artwork Tenant shall obtain Landlord's prior written consent (not to be unreasonably withheld or delayed) to plans and interior signage are beyond specifications for the scope Tenant's Work (which shall include a detail of all finishes), the contractor performing the Tenant's Work and the schedule for performing Tenant's Work, and Tenant shall also provide Landlord with copies of any required building or other permits of governmental authorities and evidence of the contractor's insurance coverage acceptable to Landlord. Tenant Improvements shall not be obligated to provided any performance and/or payment bonds with respect to the Tenant's Work, and the Landlord shall impose no construction management fees in connection with Tenant's performance of Tenant's Work. Tenant's Work shall be completed by Tenant in accordance with the plans and specifications therefor approved by Landlord, shall be carried out in a good, workmanlike and prompt manner, shall comply with all applicable statutes, ordinances, rules and regulations of governmental authorities having jurisdiction thereof, and shall be performed subject to supervision by Landlord. If the performance of Tenant's Work shall trigger any code upgrades to any portion of the Premises or otherwise obligate the Landlord 41 42 and/or Tenant to make any alterations, additions or improvements to any portion of the Premises, including, without limitation, under the Americans with Disabilities Act, Title 24 or any laws relating to seismic safety, all such upgrades, alterations, additions or improvements shall be made by Tenant or at its contractors at Tenant's sole cost and expense. All such work ("Landlord shall have the right to post on the Premises any notices of nonresponsibility and other notices that Landlord may deem appropriate for the protection of Landlord's interest in connection with Tenant's performance of the Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for provide Landlord with one set of as-built drawings of the Tenant's Work in conformance with and one set of construction drawings based on the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations final build-out of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Standard Industrial/Commercial Lease Agreement (Intuit Inc)
Tenant’s Work. Landlord and (a) Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premisesis currently preparing, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or at its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for the improvements Tenant desires to make in connection with Tenant's Work.
’s occupancy of the Premises (bthe “Tenant’s Plans”). Landlord shall approve or disapprove of Tenant’s Plans within ten (10) Business Days after receiving them. Any disapproval by Landlord of Tenant's Work ’s Plans shall be performed accompanied by a reasonably specific statement of reasons therefor. At Tenant’s sole cost and expense, Tenant shall cause Tenant’s Plans to be revised in conformity with a valid permit when requiredmanner sufficient to remedy Landlord’s objections and/or respond to Landlord’s concerns and shall resubmit the revised Tenant’s Plans to Landlord, a copy and Landlord shall either approve or disapprove of which the revised Tenant’s Plans within five (5) Business Days following the date of resubmission. If Landlord shall again disapprove of Tenant’s Plans, Tenant shall again revise such plans and resubmit them to Landlord pursuant to the foregoing procedures until Tenant’s Plans have been approved by Landlord. Tenant’s Plans shall be furnished stamped by a Massachusetts-registered architect and engineer, such architect and engineer being subject to Landlord before such work is commenced. In any eventLandlord’s approval in Landlord’s reasonable discretion, all Tenant's Work and shall comply with all applicable laws, codes ordinances and ordinances regulations (including, without limitation, the applicable requirements of the Americans with Disabilities Act of 1990, as amended from time to time, and the regulations promulgated thereunder) and the requirements of the Rules and Regulations and shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for construction. Landlord will not approve any alterations or additions that require unusual expense to readapt the Premises to normal office use on expiration or termination of this Lease or increase the cost of insurance on the Building, unless Tenant first gives assurances acceptable to Landlord that such readaptation will be made prior to such expiration or termination without expense to Landlord and for payment of any governmental entity having jurisdiction over such increased cost. Landlord’s approval of any Tenant’s Plans shall not impose upon Landlord any responsibility or liability whatsoever to Tenant.
(b) Promptly after the BuildingCommencement Date and after the approval of Tenant’s Plans, Tenant shall commence and exercise all reasonable efforts to complete the work specified therein (“Tenant’s Work”). All of Tenant’s Work shall be completed in accordance with the approved Tenant’s Plans and the requirements for alterations and improvements made by or on behalf of Tenant set forth in this Lease and in the Rules and Regulations. Copies of all permits and approvals required for Tenant’s Work shall be furnished to Landlord promptly upon receipt thereof. Tenant’s Work shall be performed by a general contractor approved by Landlord, which approval shall not be unreasonably withheld or delayed, under a written construction contract. The approval by Landlord of Tenant’s general contractor shall not impose upon Landlord any responsibility or liability whatsoever to Tenant as a result of, or arising out of, the defaults or other acts or omissions of the general contractor. A copy of all required bonds and certificates of insurance required by this Lease shall be furnished to Landlord prior to commencement of construction and installation of Tenant’s Work. In addition, Landlord may monitor the progress of Tenant’s Work, including, without limitation, attend any weekly or other periodic job meetings. Landlord shall have provide Tenant with reasonable prior notice before it enters the Premises to review Tenant’s Work, except in the event of an emergency, when no responsibility for such notice shall be required. Tenant shall pay to Landlord a construction review fee in the amount of two percent (2%) of the total cost and expenses associated with Tenant's failure to comply with such applicable laws’s Work, one-half payable (based on the estimated costs and expenses) upon commencement of Tenant’s Work and the balance (based on the actual cost and expenses of Tenant’s Work) within thirty (30) days after substantial completion of Tenant’s Work. Any review and all delay in obtaining monitoring of Tenant’s Work by Landlord shall not impose upon Landlord any responsibility or liability whatsoever to Tenant as a result of, or arising out of, Tenant’s Work. Within forty-five (45) days after completion of any Tenant’s Work, Tenant shall provide to Landlord “as-built” plans of the Tenant’s Work along with final lien waivers from Tenant’s contractors. Tenant shall provide Landlord with copies of the certificate of occupancy for any Tenant’s Work that requires a certificate of occupancy due to reasonably promptly after completion of such Tenant's vendors is the responsibility of Tenant and ’s Work. Nothing herein shall be construed as permitting Tenant to occupy all or any portion of the Premises for which Tenant has not obtained a Tenant Delaycertificate of occupancy or otherwise failed to comply with applicable legal requirements.
(c) In connection Provided that Tenant substantially completes Tenant’s Work on or before July 1, 2001, Landlord shall reimburse Tenant from Landlord’s Contribution for the costs incurred by Tenant with respect to the performance of Tenant’s Work (the “Costs of Tenant’s Work”) up to $50,000.00. To the extent that the Cost of Tenant’s Work exceeds $50,000.00, Tenant shall be entirely responsible for such excess. Such portion of Landlord’s Contribution shall be payable by Landlord to Tenant within thirty (30) days after written request from Tenant, which shall be accompanied by (i) invoices paid by Tenant, (ii) final lien waivers and (iii) a certificate signed by Tenant’s architect or engineer and an officer of Tenant certifying that Tenant’s Work has been completed substantially in accordance with Tenant's Work (e.g.’s Plans. During the period commencing on January 1, delivering or installing furniture or equipment to 2003 and ending on July 1, 2003, the second floor remaining portion of the Leased Premises), Tenant or its contractors Landlord’s Contribution shall arrange be made available by Landlord as reimbursement for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services Alterations (as may be charged by Landlord.
(ddefined in Section 5.2) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done performed by Tenant or its contractors, by reason of damage to existing work caused be performed by Tenant or its contractorsin the Premises prior to July 1, or by reason 2003 (other than Tenant’s Work and/or the Expansion Premises Work), provided that no Default of inadequate cleanup by Tenant or its contractorsthen exists and Tenant has complied with the requirements of this Article 4 and the other terms and conditions of this Lease with respect to such Alterations.
Appears in 1 contract
Sources: Lease Agreement (Ameresco, Inc.)
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approvalapproval which shall not be unreasonably withheld. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costsknowledge within twenty-four (24) hours. Tenant's contractors shall be subject to Landlord's prior written approvalapproval which shall not be unreasonably withheld, and to the administrative supervision of the Contractor. Tenant's Work shall not constitute occupancy of the Leased Premises and shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollarsOne Million Dollars ($1,000,000.00), and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Tenant’s Work. Tenant shall accept the Demised Premises “as is” on the date hereof and Landlord and Tenant acknowledge and agree that certain shall have no obligation whatsoever to prepare the Demised Premises for occupancy by Tenant. Any such work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's scheduleprovisions of this Lease, including without limitation Articles 10 and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand11. Landlord shall make all reasonable efforts pay to notify Tenant, upon written request from time to time (but not more frequently than monthly) and pro rata as such work progresses, an amount equal to the cost thereof not in excess of $317,640 (hereinafter referred to as “Landlord’s Construction Contribution”). Any unused balance of Landlord’s Contribution plus an additional allowance in the amount of $21,176 (hereinafter referred to as “Landlord’s Additional Allowance”) may be applied to any other costs (including without limitation architectural, engineering, space planning and moving expenses) incurred by Tenant in relocating its business operations to the Demised Premises. The disbursement of any such interference portion of Landlord’s Construction Contribution or Landlord’s Additional Allowance shall be made within fifteen (15) days following the receipt by Landlord of invoices, receipts and other documentation evidencing to Landlord’s reasonable satisfaction the costs on account of which Landlord such disbursement has actual knowledgebeen requested, but failure as well as releases and waivers of any mechanic’s and other liens for any labor or materials furnished as part of such work. Any portion of Landlord’s Construction Contribution or Landlord’s Additional Allowance not paid within fifteen (15) days from the date when due in accordance with the foregoing provisions shall bear interest thereafter at a rate equal to provide such notice shall one percent in no way limit Landlord's right excess of the so-called “prime rate” charged from time to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approvaltime by the First National Bank of Boston, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlorddeducted from installments of Yearly Fixed Rent next becoming due hereunder.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's ’s occupancy of the Leased Expansion Premises, including but not limited to the procurement and installation of furniture, trade fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's ’s sole cost and expense. All such work ("“Tenant's ’s Work"”) shall be subject to Landlord's ’s prior written approval. By prior arrangement with Landlord’s property manager, Tenant shall be permitted access to the Expansion Premises during the Early Access Period in order to perform the Tenant’s Work, and Tenant shall adopt a construction construction/installation schedule for Tenant's ’s Work in conformance with the Contractor's ’s schedule, and shall perform Tenant's ’s Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs actually incurred by Landlord as a result of any interference with Landlord's ’s operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon within ten (10) days of demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's ’s contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's ’s Work shall comply with all of the following requirements:
(ai) Tenant's ’s Work shall not proceed until Landlord has approved in writing, such approval not to be unreasonably withheld, conditioned or delayed: (i) Tenant's ’s contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's ’s contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed general plans and specifications for Tenant's ’s Work.
(bii) Tenant's ’s Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all of Tenant's ’s Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's ’s failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(ciii) In connection with Tenant's ’s Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premisesequipment), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(div) Tenant shall promptly pay Landlord upon within ten (10) days of such demand for any extra expense actually incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Lease (Design Therapeutics, Inc.)
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy With the exception of the Leased Premisesitems specifically enumerated in Exhibit B as Landlord's Work, including but not limited to the procurement and installation of furnitureTenant shall, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost expense, perform all work and expense. All such work supply all installations described in Exhibit C ("Tenant's Work") and shall fully equip the Premises with all trade fixtures, furniture, furnishings, special equipment and other items necessary for the completion of the Premises and the proper and efficient operation of Tenant's business in accordance with Tenant's plans and specifications as approved by Landlord. All materials, fixtures and furnishings installed by Tenant shall be subject of first class quality, fully paid for by Tenant and shall conform to the general design and character of the Office Building. Tenant shall not undertake any of Tenant's Work or fixture, furnish or decorate the Premises without Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not consent to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when requiredtherefor, a copy complete set of which shall be furnished submitted to Landlord before such work is commencedfor review, approval and initialing. In any eventThereafter, all no changes shall be made in Tenant's Work plans and specifications without the written consent of Landlord. Commencing upon execution hereof, Tenant may have access to the Premises for completion of Tenant's Work, and thereafter shall comply diligently complete its construction in a good and workmanlike manner as provided in accordance with all applicable lawsfederal, codes state and ordinances of municipal regulations. Tenant shall do nothing to create any governmental entity having jurisdiction over the Buildingwork stoppage, picketing or other labor disruption. Landlord shall have no responsibility for reserves the right to approve Tenant's failure to comply with general contractor and subcontractors, and such applicable laws. Any and all delay in obtaining approval shall not constitute a certificate waiver of occupancy due to Tenant's vendors is obligations hereunder. Landlord further reserves the responsibility of right to direct Tenant and shall to locate any unusually heavy items to be a Tenant Delaylocated within the Premises to such areas within the Premises that are particularly reinforced.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Lease (Sonic Foundry Inc)
Tenant’s Work. Landlord Promptly after approval of Tenant's Plans, the Tenant shall commence and exercise all reasonable efforts to complete the work specified therein ("TENANT'S WORK"). All Tenant's Work shall be completed in accordance with the approved Tenant's Plans and the requirements for alterations and improvements made by or on behalf of Tenant acknowledge set forth in this Lease. Copies of all permits and agree that certain work approvals required for Tenant's occupancy of the Leased Premises, including but not limited Work shall be furnished to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expenseLandlord promptly upon receipt thereof. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed by a general contractor approved by the Landlord, which approval shall not be unreasonably withheld or delayed, under a written construction contract providing for payment, performance and lien ▇▇▇▇▇ ▇▇ the full amount of the contract sum; provided, however, that the Tenant may have Tenant's Work competitively bid by several general contractors approved in conformity with advance by the Landlord which approval shall not be unreasonably withheld or delayed and the Tenant may select among such general contractors the general contractor that will perform Tenant's Work. The approval by the Landlord of the Tenant's general contractor shall not impose upon the Landlord any responsibility or liability whatsoever to the Tenant as a valid permit when requiredresult of, a or arising out of, the defaults or other acts or omissions of the general contractor. A copy of which all required bonds and certificates of insurance required by this Lease shall be furnished to the Landlord before such work is commencedprior to commencement of construction and installation of Tenant's Work. In addition, the Landlord may monitor the progress of Tenant's Work, including, without limitation, attend any eventweekly or other periodic job meetings. The Landlord shall provide the Tenant with no less than twenty four hours prior notice before it enters the Premises to review Tenant's Work, all except in the event of an emergency, when no such notice shall be required. Any review and monitoring of Tenant's Work by the Landlord shall comply with all applicable lawsnot impose upon the Landlord any responsibility or liability whatsoever to the Tenant as a result of, codes and ordinances or arising out of, Tenant's Work. Within forty-five (45) days of completion of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure Work in accordance with the approved plans and specifications, the Tenant shall provide to comply the Landlord "as-built" plans showing precisely how and where Tenant's Work was actually installed. The Tenant shall provide the Landlord with such applicable laws. Any and all delay in obtaining copies of any certificates of occupancy for any Tenant's Work that requires a certificate of occupancy due to reasonably promptly after completion of any portion of Tenant's vendors is the responsibility of Tenant and Work. Nothing herein shall be a construed as permitting the Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering to occupy all or installing furniture or equipment to the second floor any portion of the Leased Premises), Premises for which the Tenant has not obtained a certificate of occupancy or its contractors shall arrange for any necessary hoisting or elevator service otherwise failed to comply with Landlord and shall pay such reasonable costs for such services legal requirements as may be charged by Landlordset forth herein.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Tenant’s Work. Landlord The Tenant shall be responsible for the installation and Tenant acknowledge cost of all its internal partitions, fixtures, electrical wiring, telecommunication cabling and agree that certain work required for Tenant's occupancy plumbing costs, together with the cost of any modifications to the ceiling, light or heating ventilation and air-conditioning systems in the Leased Premises, as required by the Tenant’s occupancy, excluding any Landlord’s Work provided for herein (the “Tenant’s Work). The Tenant shall also be responsible for the cost of installing any special equipment required by its occupancy, including but not limited telephones, facsimile machines or any other special communications equipment. The Tenant’s Work shall be completed in a good and workmanlike manner and subject to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope prior written approval of the Tenant’s plans by the Landlord, acting reasonably, as detailed and provided for in Section 4 of this Schedule E. The Landlord shall provide any “Tenant Improvements Improvement Manual(s)” outlining the rules and shall be performed by Tenant or its contractors at regulations for the construction of the Tenant's sole cost ’s improvements in the Leased Premises and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance reasonably with the Contractor's schedule, Tenant with respect to the coordination of the completion of the Landlord’s Work and shall perform the completion of the Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building’s Work. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. The Landlord shall make bear the cost of all reasonable efforts to notify Tenant the Landlord’s plan reviews and approvals of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. the Tenant's contractors shall be subject to Landlord's prior written approval, and ’s Leasehold Improvements to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the ContractorLeased Premises, and the agents Tenant shall not be responsible for any charges for other security, management, supervision, or hoisting charges or other special costs, during the construction of Landlord and the Contractor as additional insureds, in an amount not less than two million dollarsTenant’s Work or the Landlord’s Work, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment prior to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by LandlordCommencement Date.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Tenant’s Work. Landlord 1. Tenant may contract with any architect/designer of its choice. Services requested by Tenant in connection with design and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and drawing preparation shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall Landlord makes no representation or guarantee with respect to fees, services, schedules or other items to be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with provided by the Contractor's schedule, architect/designer and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment be responsible for such costsarchitect/designer's work product. Tenant's contractors architect/designer shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed prepare plans and specifications for Tenant's Work to be completed in the Premises (the "Plans and Specifications"). All Plans and Specifications shall be subject to review and approval by Landlord, Landlord's architect and Landlord's engineer prior to commencement of Tenant's Work. All costs of preparation, review and approval, including review and approval by Landlord, Landlord's architect, and/or Landlord's engineer, shall be borne by Landlord. Landlord shall, within * Business Days after receipt of the Plans and Specifications by Landlord for its review and approval, submit to Tenant the Plans and Specifications with the required approvals noted thereon, or submit comments to Tenant setting forth changes to be made in the Plans and Specifications. If changes are required by Landlord, Tenant shall have the Plans and Specifications modified and resubmitted to Landlord for approval and such process shall be repeated until Landlord, Landlord's architect, and/or Landlord's engineer have approved the Plans and Specifications for the Premises (hereinafter referred to as "Approved Plans and Specifications"). Changes to the Approved Plans and Specifications shall be made only upon prior written approval of Landlord and shall be at Tenant's sole cost and expense.
(b) 2. Tenant shall contract directly for the Tenant's Work to be completed in accordance with the Approved Plans and Specifications. Tenant's contractor shall ▇▇▇▇ Tenant and Tenant shall be solely responsible for paying all costs for Tenant's Work as set forth on the Approved Plans and Specifications. Tenant and Tenant's contractor will be required to adhere to the requirements set forth in Schedule 2 attached hereto in connection with performance of Tenant's Work and the contract between Tenant and Tenant's contractor shall incorporate all of the provisions of Schedule 2. All Tenant's Work shall (i) be performed in conformity pursuant to written contracts with a valid permit when requiredworkmen and mechanics, a copy of which shall be furnished acceptable to Landlord; (ii) comply with all reasonable restrictions and requirements as Landlord before may impose with respect to Tenant's Work; (iii) conform to the standards of the Building Complex; (iv) be done in a safe and lawful manner in compliance with applicable laws, governmental regulations, and requirements; and (v) be done so as not to interfere with Landlord's completion of Landlord's Work in the Building Complex and the Premises. Tenant shall cause such work is commenced. In any event, contractor to take all steps necessary to cooperate in the coordination of the performance of Tenant's Work with the work of Landlord or Landlord's contractors in the Premises or in the Building Complex, including, without limitation, exchanging information about and coordinating their respective schedules, attending coordination meetings, and cooperating in allowing and obtaining access to and availability of portions of the site for performance of Tenant's Work and the work of such other contractors. Tenant may contract with Landlord's contractor to perform Tenant's Work which contract must also meet the terms and conditions of this paragraph. Notwithstanding the foregoing, Landlord's contractor will be required to cooperate and coordinate to the extent possible with Tenant's contractor, so as not to cause any unreasonable delays in Tenant's Work, provided, however, the parties agree that because of the penalties to Landlord set forth in Section 3.2 of the Lease, if a conflict arises, Landlord's contractor's schedule shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Buildinghave priority.
3. Landlord shall have no responsibility for has agreed to pay that portion of the costs of Tenant's failure Work up to comply with such applicable lawsa maximum of $* per rentable square foot of the Premises (the "Tenant Work Allowance"). Any and all delay in obtaining a certificate The cost of occupancy due to Tenant's vendors is Work payable from the responsibility Tenant Work Allowance shall include all costs attributable to design and construction of the Tenant's Work including but not limited to, services, fees and expenses of the Tenant's architect and Tenant's engineers; costs of permits and licenses required for completion of the Tenant's Work; labor, materials, fees and expenses of Tenant's contractor in completing the Tenant's Work. Landlord agrees to provide up to an additional $* per rentable square foot of the Premises, in addition to the Tenant and shall Work Allowance, such amount to be a Tenant Delay.
(c) In connection with applied toward costs of Tenant's Work (e.g., delivering or installing furniture or equipment the "Additional Allowance"). Such Additional Allowance shall be payable to Landlord by Tenant as Additional Rent in addition to the second floor Base Rent in an amount calculated by amortizing the Additional Allowance over the Primary Lease Term at * per annum. If for any reason at any time during the Lease Term, Tenant is in default, which default is not cured with an applicable cure period, or in the event the Lease Term is terminated for any reason prior to the expiration of the Leased Premises)Lease Term, the Additional Allowance shall be immediately due and payable upon the occurrence of such default. Tenant's obligation to repay Landlord the Additional Allowance shall survive the expiration or termination of the Lease. All costs incurred in the completion of Tenant's Work in excess of the Tenant Work Allowance and the Additional Allowance shall be at Tenant's sole cost and expense and shall be promptly paid in full by Tenant to Landlord upon receipt of billing therefor. Any amount of the Tenant Work Allowance (but not Additional Allowance) not utilized for Tenant's Work may be applied to next due Base Rent under the Lease.
4. Tenant's Work Allowance (and after it has been depleted, the Additional Allowance if Tenant provides Landlord written notice that Tenant elects to use the Additional Allowance and wishes Landlord to disburse it for payments hereunder and Landlord and Tenant have executed an amendment to this Lease restating the Base Rent to include the Additional Allowance) shall be paid to Tenant periodically as portions of Tenant's Work have been completed in accordance with the Approved Plans and Specifications and the provisions hereof:
a. Before the first application of payment, Tenant shall submit a schedule of values to Landlord allocating the Tenant's Work Allowance to various portions of Tenant's Work.
b. On or its contractors before the 5th day of each month following the commencement of the work, Tenant shall arrange submit to the Landlord an application for any necessary hoisting or elevator service with Landlord payment on account of Tenant's Work performed during the payment period covered by the application for payment. For purposes of this Lease, the payment period shall be the first day of each month and run through the last day of each month. On the last day of each payment period, Tenant shall determine as of the date the percentage of completion of the work covered by each line item of the approved schedule of values. Each monthly application for payment shall be based upon the percentage of completion of each such line item of Tenant's Work and shall be in the sum of the amounts determined by multiplying the value of Tenant's Work of each line item as set forth in the approved schedule of values by the percentage of completion determined as to each line item on the last day of each payment period less the amounts previously paid with respect to such line items.
c. Each application for payment shall be accompanied by lien waivers and affidavits from Tenant's contractor and its subcontractors in a form reasonably satisfactory to Landlord attributable to the immediately preceding month's application for payment. Additionally, Tenant's contractor shall deliver an affidavit to accompany each application for payment setting forth the names and addresses of the subcontractors' materialmen and suppliers and the dollar amount of liability which has been contracted for with each such subcontractor materialman or supplier and the amounts requested by each in that month's application for payment.
d. The Landlord will review Tenant's application for payment within * Business Days after receipt and will pay such reasonable costs Tenant approved amounts within * days after submittal of a complete application. Notwithstanding anything contained in this Lease to the contrary, Landlord may decline to make a payment to Tenant of all or a portion of any application for such services payment to the extent as may be charged necessary to protect Landlord from loss because of defective work; third party claims filed or reasonable evidence indicating probable filing of such claims; failure of the Tenant to make payment to contractors or subcontractors or for labor, materials or equipment; reasonable evidence that the Tenant's Work cannot be completed for the unpaid balance of the Tenant Work Allowance. In the event Landlord withholds payment on account of any of the foregoing reasons, Landlord shall provide written notice of such reasons to Tenant. When the grounds for withholding of payment are removed, payment shall be made promptly for amounts withheld because of such grounds. The application for payment shall reflect retainage of * which Landlord shall hold until Landlord's final payment, described in subparagraph e below. Landlord in its reasonable discretion may agree to not withhold any further retainage when Tenant's Work is * complete provided that Landlord is satisfied with the progress and quality of the Tenant's Work.
e. Landlord's final payment to Tenant of the Tenant's Work Allowance (and Additional Allowance, if applicable) and the retainage shall not become due until Tenant submits to Landlord (i) an affidavit signed by Tenant that upon payment of the remaining portion of the Tenant's Work Allowance, all payrolls, bills for materials and any equipment and other indebtedness connected with the subject portion of Tenant's Work for which Landlord or its property might in any way be responsible, have been paid or otherwise satisfied; (ii) the certificate by Tenant's architect that the subject portion of Tenant's Work is complete in accordance with the Approved Plans and Specification; (iii) a Certificate of Occupancy (temporary or final) or equivalent sign off has been issued by the appropriate governmental authority permitting use of the Premises for the Permitted Use under the Lease and a copy of such certificate of occupancy has been delivered to Landlord; (iv) other data establishing the final cost of Tenant's Work, reasonable evidence that Tenant has satisfied all of its construction obligations such as receipts, releases and waivers of liens arising out of Tenant's Work to the extent and in such form as may be reasonably designated by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Lease (Frontier Airlines Inc /Co/)
Tenant’s Work. Landlord and (a) Tenant acknowledge and agree that certain agrees, prior to the commencement of the Term of this Lease, [***], to diligently perform all work required for of whatever nature in accordance with Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work obligations set forth in Exhibit D ("Tenant's Work") and all other related work necessary to prepare for the opening to the public of Tenant's store in the Lease Premises in accordance with the provisions of this Lease. Tenant agrees to furnish to Landlord the Store Design Drawings and Working Drawings and Specifications with respect to the Leased Premises prepared in the manner and within the time period required in Exhibit D. If such Store Design Drawings or Working Drawings and Specifications are not furnished by Tenant to Landlord within the required time period(s) in form to permit approval by Landlord, then the Fixturing Period (as described in the Data Sheet) shall be reduced by [***] of delay by Tenant in submitting said Store Design Drawings or Working Drawings and Specifications. Landlord shall respond to such Store Design Drawings or Working Drawings and Specifications submitted by Tenant pursuant to this Lease within [***] business days following Landlord's receipt from Tenant. In the event of Landlord's failure to respond within such [***] business day period or there are other delays created by Landlord, the Fixing Period as described in the Delta Sheet shall be extended by [***] of additional delay by Landlord. No material deviations from the final Store Design Drawings or Working Drawings and Specifications, once approved by Landlord, shall be permitted unless necessary to comply with applicable governmental requirements or unless otherwise approved by Landlord. Landlord's approval of Tenant's Store Design Drawings and Working Drawings and Specifications shall not constitute the assumption of such items. Tenant's Work shall include the installations of fixtures and equipment and the stocking of the Leased Premises with suitable merchandise. Tenant covenants that all such fixtures and equipment visible to customers shall be new (or like-new) and otherwise reasonably acceptable to Landlord in appearance. In addition to conforming to the requirements specified in Exhibit D, all work performed by Tenant shall comply with such rules and regulations as Landlord and its representatives may make, provided that such rules and regulations are uniformly applied to all similarly situated Shopping Center tenants under construction. Unless Landlord otherwise directs in writing, Tenant shall not open the Leased Premises for business until all construction has been completed pursuant to the provisions of Exhibit D. It is further understood and agreed that: (i) Landlord shall have no responsibility or liability whatsoever for any loss of, or damage to, any fixtures, equipment, merchandise, or other property belonging to Tenant, installed or left in the Leased Premises except to the extent resulting from the negligence or intentional acts or Landlord, its agents or employees; and (ii) Tenant's entry upon and occupancy of the Leased Premises prior to the Commencement Date shall be governed by and subject to all the provisions, covenants and conditions of this Lease. Tenant shall obtain at its sole cost and immediately thereafter furnish to Landlord all certificates and approvals with respect to work done and installations made by Tenant that may be required for the issuance of a certificate of occupancy for the Leased Premises, so that such certificate of occupancy shall be issued and the Leased Premises shall be ready for the opening of Tenant's business on the Commencement Date. Upon the issuance of the certificate of occupancy, a copy thereof shall be immediately delivered to Landlord. Promptly upon the completion of its work, Tenant, at Tenant's cost, shall repair, clean and restore all portions of the Shopping Center affected by Tenant's Work to their prior condition. To the extent approved by the proper governing authorities, Tenant shall have the right to install atop the roof of Landlord's building in which the Leased Premises are located one (1) antenna and/or (1) satellite dish and the equipment necessary for Tenant's communications and data transmission network system. The satellite dish shall not be larger than five (5) feet in diameter. The antenna or satellite dish on such roof shall be at a location designated by Landlord and reasonably approved by Tenant. Tenant shall submit to Landlord for its approval plans for the installation of such antenna or satellite dish and necessary equipment, such approval not to be unreasonably withheld, delayed, or conditioned. Tenant shall also provide Landlord with copies of all permits required by the proper governmental authorities regarding such installation, which shall be obtained by Tenant at its sole cost and expense. Landlord's contractor shall cut the roof and patch it (if necessary) at Tenant's expense, and Tenant's contractor shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work*** Confidential treatment requested.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of shall not make any installations, alterations, additions or improvements in or to the Leased Premises, including but including, without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord. Landlord will not limited unreasonably withhold or delay its consent to non-structural, non-mechanical and non-electrical alterations or improvements to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and Premises. Any such work so consented to by Landlord shall be performed only in accordance with plans and specifications therefor reasonably approved by Landlord. Tenant or its contractors shall procure at Tenant's sole cost expense all necessary permits and expense. All licenses before undertaking any work on the Premises and shall perform all such work ("Tenant's Work") in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If requested by Landlord, Tenant shall furnish to Landlord prior to the commencement of any such work a bond or other security acceptable to Landlord assuring that any work by Tenant will be subject to Landlord's prior written approvalcompleted in accordance with the approved plans and specifications. Tenant shall adopt a construction schedule keep the Premises at all times free of liens for Tenant's Work in conformance with the Contractor's schedule, labor and materials. Tenant shall employ for such work only contractors approved by Landlord and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its require all contractors shall be promptly paid employed by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any carry worker's compensation insurance in accordance with statutory requirements and comprehensive general liability insurance covering such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approvalcontractors, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor Tenant as additional insureds, on or about the Premises in an amount not less than two million dollars, amounts at least equal to the limits set forth in Section 1 and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to submit certificates evidencing such coverage to Landlord before prior to the commencement of such work is commencedwork. In Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances person or property occasioned by or growing out of any governmental entity having jurisdiction over the Buildingsuch work. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is may inspect the responsibility work of Tenant at reasonable times and shall be a Tenant Delaygive notice of observed defects.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Lease (Genzyme Transgenics Corp)
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of shall not make any installations, alterations, additions or improvements (collectively, the Leased Premises, including but not limited "Improvements") in or to the procurement and installation Premises costing in the aggregate more than Ten Thousand Dollars ($10,000) and/or requiring a building permit, including, without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of furnitureLandlord, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and which consent shall not be unreasonably withheld. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor approved by Landlord. Plans and specifications pertaining to any proposed Improvements must be submitted to Landlord for approval, along with the name of the contractor to perform such work, at least thirty (30) days prior to the commencement of construction of the Improvements. Tenant or its contractors shall procure at Tenant's sole cost expense all necessary permits and expense. All licenses before undertaking any work on the Premises and shall perform all such work ("in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If reasonably requested by Landlord, Tenant shall furnish to Landlord prior to the commencement of any such work a bond or other security acceptable to Landlord assuring that any work to be performed by, or on behalf of, Tenant's Work") shall , will be subject to Landlord's prior written approvalcompleted in accordance with the approved plans and specifications. Tenant shall adopt a construction schedule keep the Premises at all times free of liens for Tenant's Work labor and materials. If any such lien is filed, Landlord may, but shall not be required to, take such action as Landlord in conformance with the Contractor's scheduleits sole discretion deems necessary to remove all such liens, and Tenant shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant pay to Landlord upon demand. demand the amounts expended by Landlord shall make all reasonable efforts to notify Tenant in causing such removal, together with interest thereon at the Delinquency Rate (as hereinafter defined) from and including the date of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right expenditure until the date Landlord is reimbursed by Tenant. In connection with the construction of all Improvements, Tenant shall engage a contractor (licensed to demand payment for such costs. Tenant's contractors conduct business in the Commonwealth of Massachusetts) who shall be subject to Landlord's prior written approval, obtain and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public maintain general liability insurance and property damage insurance carried by Tenant's contractors and workers' compensation insurance in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount amounts not less than two million dollarsrequired of Tenant under Section 6 and such policies (excluding the workers' compensation insurance) shall name Landlord as an additional insured and will be issued by insurance companies licensed to do business in the Commonwealth of Massachusetts, satisfactory to Landlord and (iii) complete and detailed plans and specifications for Tenanthaving an A.M. Best's Work.
(b) Tenant's Work rating of not less than A. Certificates of insurance relative to such policies shall be performed in conformity with a valid permit when required, a copy of which shall be furnished delivered to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances prior to the commencement of construction of any governmental entity having jurisdiction over the BuildingImprovements. Tenant shall save Landlord harmless and indemnified from all injuries, losses, costs (including, without limitation), claims and damages to any person or property occasioned by or growing out of such work. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is may inspect the responsibility work of Tenant at reasonable times and shall be a Tenant Delaygive notice of observed defects.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Lease (Ilc Technology Inc)
Tenant’s Work. Landlord and (a) Tenant acknowledge and agree that certain work required for Tenant's occupancy shall complete the build-out of the Leased Premises, including but not limited to the procurement Premises and installation install its fixtures and equipment in accordance with that part of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work (Exhibit B entitled "Tenant's Work") shall be subject . Landlord may perform any part of Tenant's Work if Tenant fails to perform any of Tenant's Work or if, in Landlord's prior written approvalreasonable judgment, it is necessary to coordinate the opening of or maintain the existing operation of the Shopping Center. Tenant shall adopt a construction schedule reimburse Landlord for any of Tenant's Work in conformance with performed by the Contractor's schedule, and shall perform Landlord within ten (10) days after Landlord presents an invoice for the work to Tenant's Work in such a way as not to hinder or delay . During the operations course of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work, Tenant shall be responsible for collecting and removing all trash and construction debris. Landlord may elect to furnish trash or construction debris receptacles. If the Landlord provides trash or construction debris receptacles, Tenant shall reimburse Landlord for the cost (as reasonably estimated by Landlord) of the receptacles and for removing Tenant's trash. In addition, Tenant shall reimburse Landlord (as reasonably estimated by Landlord) for any temporary electricity or other utilities furnished by Landlord to the Premises and any required construction barricades. Tenant shall perform any other work necessary to open its store for business, including obtaining all approvals and certificates of occupancy. The Premises shall be stocked with suitable merchandise by Tenant, fully staffed and open for business to the public, on or before the Commencement Date.
(b) Tenant agrees to furnish to Landlord its plans and specifications for the Premises prepared in the manner and within the time periods prescribed by Landlord. Tenant shall be solely responsible for its plans and specifications. Landlord's approval or modifications of Tenant's Work plans and specifications shall be performed in conformity with a valid permit when required, a copy not constitute the assumption of which shall be furnished to any responsibility by Landlord before such work is commencedfor their accuracy or sufficiency. In any eventaddition to complying with the requirements in Exhibit B, all Tenant's Work Tenant shall comply with all applicable lawsany reasonable rules and regulations Landlord may impose regarding work performed by Tenant, codes including rules pertaining to installations on and ordinances access to the roof of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment may prohibit access to the second floor roof of the Leased Premises)Building by anyone other than Landlord's contractors. Tenant shall schedule its work so as not to interfere with any work being performed by Landlord or by any other tenant in the Shopping Center or with the operation of any tenant's business at the Shopping Center. Landlord shall not be liable for any loss of or damage to any fixtures, equipment, merchandise, or other property belonging to Tenant or its agents, employees and contractors installed or left in the Premises prior to the Commencement Date. Tenant's entry upon and occupancy of the Premises prior to the Commencement Date shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged governed by Landlordthe terms of this Lease.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain All work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and expressly designated herein as Landlord’s Work shall be performed by Tenant or its contractors (hereinafter called “Tenant’s Work”) including, but not limited to, all work designated as Tenant’s Work in Exhibit “B”, and Tenant shall do and perform at Tenant's sole cost ’s expense all Tenant’s Work diligently and expensepromptly and in accordance with the following provisions. All such work ("Notwithstanding anything to the contrary contained herein, each and every aspect of Tenant's Work") ’s Work shall be subject to Landlord's the prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents approval of Landlord and shall be in accordance with the Contractor as additional insuredsstandards of a first class resort/hotel facility. Without limiting the immediately preceding sentence, Tenant hereby represents and warrants to Landlord that the construction budget for Tenant’s Work, not including the costs of inventory, payroll, training or any other ancillary start-up costs, is at least Twelve Million Dollars ($12,000,000.00). However, if Tenant is able (while still complying in all respects with the minimum standards and requirements contained herein, in an amount not Landlord’s reasonable judgment) to complete Tenant’s Work for less than two million dollarsthe minimum construction budget amount provided for in the immediately preceding sentence, and (iii) complete and detailed plans and specifications then Landlord shall consent to such lower, actual amount for Tenant's ’s Work.
(b) . Tenant's ’s Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, at all Tenant's Work shall times comply with all applicable laws, codes ordinances, rules and ordinances regulations including, but not limited to, OSHA and the ADA. Tenant shall not contract with any contractors or subcontractors, and Tenant’s contractors and subcontractors may not perform any work on the Premises or the Hotel Complex, unless and until (a) a background investigation of each such contractor and subcontractor has been completed by Landlord’s corporate security department and the results thereof are satisfactory to Landlord and (b) Landlord has, in Landlord’s reasonable discretion, approved each such contractor and subcontractor. Notwithstanding the foregoing, though, Tenant may only use union signatory contractors and subcontractors (and, if applicable, Tenant must ensure that Tenant’s union signatory contractors and subcontractors only use union signatory contractors and subcontractors), who are in compliance with their respective collective bargaining/union agreements, to perform work at the Hotel Complex (either as part of Tenant’s Work or otherwise). Further, and in addition to any other indemnity obligation contained herein, Tenant hereby covenants and agrees to indemnify, defend, save, and hold Landlord, and Landlord’s parent company, subsidiaries and affiliates, and their officers, directors, shareholders and employees, free, clear and harmless from, and against, any and all liabilities, losses, costs, expenses (including reasonable attorney’s fees), judgments, claims, liens, fines, penalties, and demands of any governmental entity having jurisdiction over kind whatsoever caused by or resulting from Tenant’s use of any particular contractor or subcontractor, or their use of any particular contractor or subcontractor, for any work in connection with the BuildingPremises (whether part of Tenant’s Work or otherwise) regardless of whether Landlord approved of such contractor or subcontractor pursuant to this Section. Tenant shall at all times provide to Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any a complete and accurate list of all delay in obtaining a certificate of occupancy due to Tenant's vendors is contractors and subcontractors performing work at the responsibility Hotel Complex on behalf of Tenant and and/or Tenant’s contractors and/or subcontractors. In addition, Tenant’s Work shall at all times be conducted in accordance with Landlord’s Contractor Work Standards, a Tenant Delaycopy of which is attached hereto as Exhibit “H”.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Lease (Premier Exhibitions, Inc.)
Tenant’s Work. Landlord (i) Subject to the terms of Section 7(c) below pertaining to Landlord's Work and Tenant acknowledge and agree that certain work required for Tenant's occupancy the terms of the Leased Premises, including but not limited Workletter pertaining to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope Landlord's disbursement of the "Allowance" and the "Space Plan Allowance" described therein, Tenant Improvements and shall be performed by Tenant or shall, at its contractors at Tenant's sole cost and expense, perform such work as may be necessary or desired by Tenant to improve the Premises for occupancy, all subject to and in accordance with the provisions of this lease, including, without limitation, the provisions of the Workletter attached hereto. All such work (referred to in this subparagraph, which work is to be constructed prior to the Commencement Date hereof, is hereinafter referred to as "TENANT'S WORK". Tenant, at Tenant's option, may retain Landlord as construction manager for all or any portion of the Tenant's Work") , if Landlord agrees to perform such construction management services. In the event Tenant elects to retain Landlord as construction manager, and Landlord agrees to perform such construction management services, Tenant and Landlord shall, at Landlord's request, enter Landlord's standard form of Tenant Construction Agreement for similar work in the Building, including such fees payable to Landlord as may be mutually agreed-upon by the parties. In the event Tenant does not elect to engage Landlord as construction manager, then Tenant shall have the right to retain its own general contractor for construction of the Tenant's Work, which general contractor shall be subject to Landlord's prior written approval, not to be unreasonably withheld), as provided in the Workletter. Tenant hereby acknowledges and agrees that, in connection with the Tenant's Work, Tenant and any and all contractors performing Tenant's Work shall comply, in all respects, with Landlord's construction-related rules and regulations for the Building, a copy of the current draft of which having heretofore been made available to Tenant for review (it being understood that Landlord may hereafter revise, finalize and/or update said rules and regulations from time to time and Tenant shall comply with all such revised construction-related rules and regulations so long as any material changes from the draft thereof heretofore made available to Tenant are uniformly imposed, in general, upon other tenants performing construction work at the Building).
(ii) In the event Tenant elects to employ an engineer designated by Landlord in the preparation of any portion of the plans, or for the performance of any portion of Tenant's Work, Tenant shall employ and be responsible for all fees of said engineer in preparing the plans or portion thereof and for any portion of Tenant's Work performed by said engineer. In the event Tenant has elected not to employ Landlord's designated engineer in the preparation of the plans, Landlord reserves the right to have the plans reviewed by Landlord's designated engineer and Tenant shall reimburse Landlord for all out-of-pocket expenses incurred by Landlord for such review. Landlord's approval shall be required of engineering plans and specifications, whether prepared by Landlord's designated engineer or another engineer, which approval shall not be unreasonably withheld, conditioned or delayed as provided in the Workletter. Tenant shall adopt a not permit noise from construction schedule for of Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor disturb other tenants in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work which does so disturb other tenants shall comply with be performed after regular working hours.
(iii) During any occupancy of the Premises from and after the date Landlord delivers possession thereof to Tenant and prior to the Commencement Date, all of the following requirements:
terms and provisions of this lease shall govern and control, except that (aA) Tenant's Work Tenant shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of have no obligation to pay Base Rent or Additional Rent during any such period prior to the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollarsCommencement Date, and (iiiB) complete and detailed plans and specifications except for Tenant's Work.
(b) Tenant's Work shall be performed HVAC as provided in conformity with a valid permit when requiredthe Workletter, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure obligation to comply with perform any cleaning, janitorial or other Building services within any such applicable laws. Any and all delay in obtaining a certificate portion of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment Premises during any such period prior to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by LandlordCommencement Date.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Office Lease (Imanage Inc)
Tenant’s Work. Tenant shall enter into the Leased Premises for purposes of commencing Tenant's Work when Tenant has received a notice from Landlord that the respective floor of the Leased Premises is Tenant Ready and, thereafter, Tenant shall pursue such work diligently, continuously and in good faith to completion. Tenant acknowledge shall have the right to commence work on portions of the Leased Premises in advance of the date that a respective portion is Tenant Ready, provided that such work does not interfere with or delay Landlord's Work. Tenant shall, in a good and agree that certain workerlike manner, cause the Leased Premises to be improved and completed at Tenant's expense (but with the benefit of Landlord's contribution as provided below) and in accordance with Tenant's Plans and Specifications, which work required shall include all permanent improvements necessary (beyond Landlord's Work) for Tenant's occupancy of use and operation within the Leased PremisesPremises (including materials, including but not limited to the procurement supplies, components, labor and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work services therefor) ("Tenant's Work") shall be subject to Landlord's prior written approval). Tenant shall adopt a construction schedule contract for completion of Tenant's Work in conformance with the Contractorunder contracts providing customary retainages to be paid following completion. "Tenant's schedule, and Improvements" shall perform mean Tenant's Work in such a way as not to hinder or delay exclusive of the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costsitems described on EXHIBIT "F". Tenant's contractors Improvements shall be subject to deemed the property of Tenant; Landlord's prior written approval, and to Improvements shall be deemed the administrative supervision property of Landlord. During the Contractor. Tenant's Work shall comply with all course of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof construction of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before Tenant may make such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due changes to Tenant's vendors is Plans and Specifications as are ordinary and necessary or advisable in order to suit the responsibility Leased Premises for its intended operation as Tenant's offices, provided that copies of Tenant and any changes shall be a Tenant Delay.
(c) In connection with Tenantdelivered to Landlord for Landlord's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord information and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.such
Appears in 1 contract
Sources: Lease Agreement (Advanta Corp)
Tenant’s Work. Landlord and shall provide to Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation Premises in “AS IS" condition (inclusive of furniture, fixturesall fixtures, equipment, artwork and interior signage are beyond furnishings in, on, and about the scope Leased Premises on the Effective Date), and Tenant acknowledges that it has inspected and accepts the same as of the Effective Date. Thereafter, Tenant Improvements agrees, at its cost, to provide all labor, materials and supplies necessary to complete all of the buildout work at the Leased Premises in compliance with all applicable laws (hereinafter any portion or all of the Premises buildout work may be referred to as the “Work" or “Project”). Tenant’s construction of the Work shall be self-performed or by a contractor chosen by Tenant (the “Builder"). On the Effective Date, the Tenant and Builder shall immediately obtain any permits necessary or its contractors at Tenant's sole cost receive an assignment of the permits previously obtained by Landlord and expensecommence Commercial Lease Page 3 of 13 construction of the Work and complete the same in a commercially reasonable manner. All such work ("Tenant's Work") Tenant agrees that Landlord shall have the right to promulgate and enforce reasonable rules and regulations during the construction process with which Tenant agrees to fully comply. Any Landlord rules shall be subject delivered to Landlord's prior written approvalthe Tenant and immediately implemented upon delivery to Tenant. Tenant shall adopt a pay all Builder and all other invoices during construction schedule for Tenant's of the Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations timely. The failure of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to pay all such invoices timely shall permit Landlord upon demandto pay them and either offset the same from Rent or Additional Rent. Tenant shall further obtain and provide to Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's waivers of lien for the Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over from the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any Builders and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of its subcontractors and suppliers. Tenant shall indemnify and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering hold Landlord harmless from any liens filed by Builder and its subcontractors and suppliers or installing furniture or equipment to the second floor of the Leased Premises), others for which Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by LandlordBuilder are liable.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Commercial Lease (Upd Holding Corp.)
Tenant’s Work. Tenant shall not make any installations, alterations, additions or improvements in or to the Premises, including, without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord. Landlord will not unreasonably withhold or delay its consent to non-structural, non-mechanical and non-electrical alterations or improvements to the Premises. Any such work so consented to by Landlord shall be performed only in accordance with plans and specifications therefor reasonably approved by Landlord. Tenant shall procure at Tenant’s sole expense all necessary permits and licenses before undertaking any work on the Premises and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If requested by Landlord, Tenant shall furnish to Landlord prior to the commencement of any such work a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications. Tenant shall keep the Premises at all times free of liens for labor and materials. Tenant shall employ for such work only contractors approved by Landlord and shall require all contractors employed by Tenant to carry worker’s compensation insurance in accordance with statutory requirements and comprehensive general liability insurance covering such contractors, and naming Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, on or about the Premises in an amount not less than two million dollars, amounts at least equal to the limits set forth in Section 1 and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to submit certificates evidencing such coverage to Landlord before prior to the commencement of such work. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Landlord may inspect the work is commencedof Tenant at reasonable times and give notice of observed defects. In any eventFor the avoidance of doubt Landlord understands that GTC anticipates establishing a laboratory facility in the Laboratory Space which may include, all Tenant's Work shall comply with but not be limited to the use of very small quantities of radioactive material under all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such including, without limitation, all applicable laws. Any and all delay in Environmental Laws (e.g. obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant Radiation Use Certificate) and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor in consideration of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlordissues set forth in Exhibit I of this Agreement.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Tenant’s Work. Tenant shall not make any installations, alterations, additions, or improvements in or to the Premises, including, without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior consent of Landlord. Landlord and Tenant acknowledge and agree agrees that certain work required for Tenant's occupancy it will not unreasonably withhold, condition or delay its consent to any alterations, improvements or installations which do not affect the structure of the Leased Premises, including but not limited to Building or any systems serving the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and Building. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor approved by Landlord. Tenant or its contractors shall procure at Tenant's sole cost expense all necessary permits and expense. All licenses before undertaking any work on the Premises and shall Perform all such work ("Tenant's Work") in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If requested by Landlord, Tenant shall furnish to Landlord prior to commencement of any such work a bond or other security acceptable to Landlord assuring that any work by Tenant will be subject to Landlord's prior written approvalcompleted in accordance with the approved plans and specifications and that all subcontractors will be paid. Tenant shall adopt a construction schedule employ for Tenant's Work in conformance with the Contractor's schedule, such work only contractors approved by Landlord and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its require all contractors shall be promptly paid employed by Tenant to carry worker's compensation insurance in accordance with statutory requirements and commercial general liability insurance covering such contractors on or about the Premises with a combined single limit not less than $3,000,000 and shall submit certificates evidencing such coverage to Landlord upon demandprior to the commencement of such work. Tenant shall indemnify and hold harmless Landlord from all injury, loss, claims or damage to any person or Premises occasioned by or growing out of such work. Landlord shall make all may inspect the work of Tenant at reasonable efforts to notify Tenant times and given notice of observed defects. Upon completion of any such interference work, Tenant shall provide Landlord with "as built" plans, copies of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand all construction contracts and proof of payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, all labor and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Workmaterials.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required shall not be responsible for Tenant's occupancy of the Leased Premises, including but not limited any improvements to the procurement and installation of furniturePremises. Tenant takes the Premises in "AS IS" condition. Tenant, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or at its contractors at Tenant's sole own cost and expense. All such work , shall be responsible for all improvements necessary to prepare the Premises to open for its Permitted Use including, without limitation, trade fixtures, furnishing and equipment, connection and submetering of all utilities to the space including without limitation water, as well as any improvements Tenant is otherwise authorized to make during the term of the Lease (collectively "Tenant's Work") shall be subject to Landlord's prior written approval). Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) All Tenant's Work shall be diligently performed in conformity a good and workmanlike fashion. Before any such improvements are made, Tenant shall submit its plans, drawings, specifications, the name of its general contractor together with a valid permit when required, a copy of its insurance coverage for Landlord's approval which shall not be furnished unreasonably withheld. Tenant shall be responsible for the reasonable cost of professionals retained by Landlord to review said plans, drawings and specifications. Landlord before shall not ▇▇▇▇ up the cost of said review by professionals and the cost of such work is commencedreview shall not exceed $2,500.00. In Tenant may not do any eventwork, all as part of Tenant's Work shall comply which requires permits without Landlord's approval. If Tenant's Work is not completed as required herein, subject to Notice and Cure provisions as provided herein, Landlord may enter upon the Premises and do what is required to complete Tenant's Work, including without limitation, proceeding with all applicable lawsTenant's contracts, codes contractors and ordinances of any governmental entity having jurisdiction over the Buildingequipment. Landlord shall have no responsibility for Tenant's failure liability to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting loss or elevator service with Landlord damage resulting from such action and Tenant shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay to Landlord upon demand for any extra expense incurred by Landlord by reason of faulty in taking such action. Any work done by Landlord in the Premises on the Tenant's behalf shall upon Landlord's request, be paid for by the Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractorsin advance.
Appears in 1 contract
Tenant’s Work. Landlord Tenant shall construct the following improvements (the "Tenant Improvements") in accordance with the approved plans and Tenant acknowledge and agree that certain work required for all other applicable laws, which shall not be part of the "Turn Key", thus solely at Tenant's occupancy of expense: • • • • • • • • • • • • • • • • • • • • • Tenant shall install Tenant's trade fixtures, signs and other personal property ("Tenant's Property") in the Leased Premises, including but not limited to all without interfering with any other work being done in the procurement building or the Project. Tenant's Work, and the installation of furnitureTenant's Property, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed in compliance with all reasonable rules established by Landlord or Landlord's architect or contractors. Upon final completion of Tenant's Work, Tenant shall furnish Landlord with all certificates, permits and approvals relating to any work or installations done by Tenant that may be required by any governmental authority or insurance company. Landlord shall have no responsibility for any loss of or damage to any of Tenant's Property so installed or left on the Premises. Tenant's entry shall be subject to all of the provisions of the Lease, and at all times after such entry, Tenant shall maintain or cause to be maintained in effect insurance complying with the Lease. Under no circumstances shall Tenant make any alterations or modifications to the exterior of the Premises or the Project, unless such alteration or modification was approved by Landlord in the approved plans. Tenant shall not make any roof penetrations without the prior written consent of Landlord. Unless otherwise agreed in writing by Landlord, any roof penetrations shall be made by Landlord's roofing contractor, and the cost thereof shall be reimbursed by Tenant. Any roof penetrations made by Tenant or its contractors at shall be inspected and patched by Landlord's roofing contractor, and Tenant shall reimburse Landlord for the cost thereof. All of Tenant's sole cost Work shall be designed by a qualified, licensed architect and expense. All shall be performed under the supervision of such work ("architect by financially sound and bondable contractors of good reputation, in accordance with Tenant's Plans as approved in writing by Landlord prior to commencement of Tenant's Work") . All contractors performing Tenant's Work shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld conditioned or delayed. Tenant shall adopt not use any contractor not approved in writing by Landlord. Landlord hereby approves Tenant's use of ▇▇▇▇▇▇▇ BUILDERS to perform the Tenant improvements. Notwithstanding the foregoing, Tenant and Tenant's Contractor shall nevertheless use Landlord's HVAC subcontractor due to the energy management system at the Project. In connection with giving its consent, Landlord may require that any contractor, or major subcontractors, provide payment and completion bonds in such amount and with sureties acceptable to Landlord. All work shall be performed in a construction schedule good and workmanlike manner and shall be diligently prosecuted to completion, using new materials of good quality. If Tenant elects to use a contractor other than ▇▇▇▇▇▇▇ BUILDERS then Tenant shall notify Landlord at least three (3) business days prior to the commencement of any portion of Tenant's Work and in either case Tenant agrees that Landlord may post, file and/or record a notice of non-responsibility or other notice required under applicable mechanics' lien laws. Upon completion of Tenant's Work, Tenant shall record in the office of the County Recorder of the County in which the Project is located a notice of completion or any other notice required or permitted by applicable mechanics' lien laws to commence the running of, or terminate, any period for the filing of liens or claims, and shall deliver to Landlord any certificate of occupancy or other equivalent evidence of completion of Tenant's Work in conformance accordance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations requirements of Landlord or the Contractor in the Buildingapplicable law. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply compliance with all applicable laws, codes codes, rules and ordinances regulations of all governmental and quasi-governmental authorities with jurisdiction. All contractors performing any portion of Tenant's Work shall maintain insurance which meets the requirements of Landlord. Tenant shall pay all costs and expenses (including permit fees and other governmental entity having jurisdiction over fees and exactions) due for, or purporting to be due for, all work, labor, services, materials, supplies or equipment furnished, or claimed to be furnished, to or for Tenant in connection with the Buildingperformance of Tenant's Work, and Tenant shall keep the Premises and the Project free of all mechanics', materialmen's and other liens arising therefrom. Tenant may contest any such lien, but only if Tenant first procures and posts, records and/or files a bond or bonds issued by a financially sound, qualified corporate surety in conformance with the requirements of Landlord. Tenant shall pay and fully discharge any contested claim or lien within five (5) business days after entry of final judgment adverse to Tenant in any action to enforce or foreclose such lien. However, notwithstanding any such contest, Landlord shall have no responsibility the right at any time to pay any lien imposed hereunder if in Landlord's reasonable judgment such payment is necessary to avoid the forfeiture, involuntary sale or loss of any interest of Landlord or any other tenant or owner in the Project, or any portion thereof. Tenant shall indemnify, defend, protect and hold Landlord harmless of and from any and all loss, cost, liability, damage, injury or expense (including attorneys' fees) arising out of or in connection with claims or liens for work, labor, services, materials, supplies or equipment furnished, or claimed to be furnished, to or for Tenant, in, upon or about the Premises or the Project. Notwithstanding the foregoing, Landlord shall provide Tenant with the Tenant Improvement Allowance described in Section 1.15 of the Lease (i.e., $225,000) on the terms and conditions set forth below. If Tenant's failure cost of constructing the Tenant's Work exceeds the amount of the Tenant Improvement Allowance, then Tenant shall pay for all costs in excess of such Tenant Improvement Allowance. Landlord agrees and acknowledges that Tenant may use the Tenant Improvement Allowance for any costs reasonably related to the design, permitting and construction of the Tenant's Work (including any architectural and design fees, application and plan check fees, permit and approval fees and Tenant's Contractor fees), provided no portion of the Tenant Improvement Allowance shall be used for legal or accounting fees or for the purchase of furniture, removable art or other personal property without Landlord's written consent. Within thirty (30) days of receipt of an invoice from Tenant, Landlord shall distribute to Tenant the amount specified in such invoice (provided in no event shall Landlord be obligated to disburse to Tenant any amount in excess the total Tenant Improvement Allowance). Each invoice submitted by Tenant shall be accompanied by reasonable documentation showing that the expense was paid or incurred by Tenant in connection with a valid Tenant's Work cost and that said Tenant's Work was actually performed or materials installed at the Premises. Tenant understands that Landlord is under voucher control for distribution of the Tenant Improvement Allowance and its voucher control will not release funds to Tenant unless it confirms said work and/or materials invoiced by Tenant have actually been completed and/or installed at the Premises. Tenant's contractors and subcontractors are required to check in with the Landlord's Property Manager for instructions and coordination prior to going on the site. All Tenant Contractors are to comply with Project rules and regulations as set forth by Landlord. Tenant's Contractors will not be permitted to start work until they: • Have all necessary building permits and have posted such applicable lawspermits on the wall in the Tenant's space. Any • Furnish proper evidence of required insurance coverage. • Sign for and take possession of keys to service doors of premises (if any) and acknowledge proper installation and operation of said service door. • Furnish names and phone numbers (office and home) of contractor's supervisory personnel. • Have a set of Landlord approved drawings in the space at all times. • Acknowledge receipt of a copy of these Construction Rules. • Furnish proper evidence that all fees and/or deposits required to commence work have been fully paid. All contractors are required to furnish the Landlord's Property Manager with certificates showing evidence of the following insurance coverage prior to commencing any work. The insurance shall: (i) be issued by insurance companies authorized to do business in the State of Nevada with a current financial rating of at least an A- Class XV or better as rated in the most recent edition of Best's Key Rating Guide; (ii) be issued as a primary policy; (iii) contain an endorsement requiring thirty (30) days written notice from the insurance company to Landlord before cancellation or material change and, (iv) shall be written with minimum coverage's and limits as required by law and the following: • "All risk" builders' risk insurance in an amount equal to 100% of the replacement cost of the Improvements on a non-reporting, completed value basis, coverage against the perils or damage resulting from water damage; • Owner's Protective Liability Insurance in an amount of not less than $1,000,000 naming Landlord as a Named Insured; • Unless otherwise waived, in writing, by Landlord, a performance bond from Tenant's general contractor in an amount equal to the contract sum or contract amount set forth in the construction contract between Tenant and its general contractor providing for the construction; • Independent Contractors coverage; and • All other insurance and is reasonably required by Landlord or as is customarily carried by contractors in the Las Vegas, Nevada area. If, immediately prior to the expiration of the initial term of this Lease, this Lease shall be in force and effect and provided that Tenant, not less than six (6) months prior to the expiration of such term, shall have given to Landlord written notice of Tenant's desire to renew this Lease, the giving of such notice by Tenant shall be effective to renew this Lease and extend the term hereof as to the Premises and, without the necessity for execution of any further instrument by either party, for an additional two (2) lease terms of five (5) years each (the "Renewal Term(s)") from and after the expiration of said initial term. If Tenant exercises such initial renewal option, the Tenant shall have the right to renew for another five (5) year period by giving notice six (6) months prior to the expiration of the initial Renewal Term. The giving of this second notice shall also be effective to renew the Lease and further extend the term without the necessity for execution of any further instruments by either party. The Renewal Term(s) shalt be on the same covenants, agreements, terms, provisions and conditions as are contained herein for the initial term except Tenant shall have no further right to extend the term of this Lease after the second Renewal Term. Base Rent for each year during the entirety of such Renewal Term(s) on the premises shall, however, be at the "Renewal Rate" (as hereinafter defined). The "Renewal Rate" for purposes of calculating Base Rent payable during such Renewal Term(s) shall be the amount equal to 95% of the then prevailing Fair Market Rent. In no event shall the total rent during any year of any Renewal Term(s) be less than the total rent paid during the prior preceding year. Landlord and Tenant will negotiate in good faith to agree on such lease rent. Ninety (90) days preceding the date prescribed for exercise of any option to extend this Lease, Landlord agrees to furnish to Tenant the proposed Renewal Rate for the appropriate Renewal Term. Tenants Notice period shall be shortened day for day for each day Landlord fails to provide Tenant its proposed Renewal Rate. Tenant shall approve or disapprove the Renewal Rate within 30 days after Tenant's receipt of Landlord's notice (Approval Period). If Tenant approves the Renewal Rate within the Approval Period (by notice to Landlord), the parties shall execute an agreement, in form reasonably satisfactory to both, modifying the Expiration Date, the Base Rent, the Monthly Installments of Base Rent and all delay in obtaining a certificate other relevant matters. If Tenant fails to deliver the extension notice as required herein or fails to approve the Renewal Rate within the Approval Period (either by notice of occupancy due disapproval or by failing to Tenant's vendors is the responsibility of Tenant and give any such notice), then this option shall be void, Tenant shall have no further option to extend the Term and the Term shall terminate as provided in this Lease; provided, however, if Tenant disapproves the Renewal Rate, Tenant can avoid termination of this option by giving Landlord notice (Appraisal Notice) within the Approval Period that Tenant elects to determine the Renewal Rate by appraisal. The appraisal shall be made as follows:
(a) The Appraisal Notice must contain the name of the appraiser appointed by Tenant to determine the Renewal Rate. Within 15 days after Landlord receipt of the Appraisal Notice, Landlord shall give Tenant notice of the name of the appraiser appointed by Landlord to determine the Renewal Rate. The two appraisers so appointed shall promptly appoint a Tenant Delaythird appraiser; if they fail to appoint such third appraiser within 15 days after they receive notice of their joint appointment, then either Landlord or Tenant, upon notice to the other, may request the assignment of a third appraiser by the then President of the local chapter of the American Institute of Real Estate Appraisers. All appraisers shall have at least 10 years experience and be familiar with commercial office rentals in buildings comparable to the Building in the area in which the Building is located.
(b) The three (3) appraisers shall jointly establish the Renewal Rate within 30 days after the appointment of the third appraiser and if they cannot agree, the average of the two (2) closest estimates will be accepted by the parties as the Market Rate, unless the average of all 3 estimates equals one of the three (3) estimates, in which case such average estimate shall be accepted by the parties as the Renewal Rate.
(c) In connection with Tenant's Work (e.g.If Landlord fails to appoint an appraiser within the period permitted above, delivering or installing furniture or equipment then the appraiser appointed by Tenant shall have the power to proceed as sole appraiser to establish the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by LandlordRenewal Rate.
(d) Landlord and Tenant shall promptly each pay the fees of the appraiser appointed by it and one-half of the fees of the third appraiser and the general expenses of the appraisal except that Tenant may elect to reject the Renewal Rate, and if Tenant does so reject, then Tenant shall pay the fees of all three appraisers and the general expenses of the appraisal.
(e) After determination of the Renewal Rate, the parties shall execute an agreement, in form reasonably satisfactory to both, modifying the Expiration Date, the Base Rent, the Monthly Installments of Base Rent and all other relevant matters." If at the time Tenant gives notice of its desire to renew this Lease for the Renewal Term(s), Landlord upon demand for any extra expense incurred by Landlord should allege that Tenant is not then entitled to exercise such renewal option by reason of faulty work done any default in the performance of Tenant's obligations hereunder existing at such time, then Landlord must, within ten (10) days after receipt by Landlord of notice of Tenant's desire to renew and extend the term of this Lease, give Tenant or its contractorswritten notice specifying the alleged default on the part of Tenant; and Tenant shall thereupon have thirty (30) days from the receipt of such notice from Landlord (plus such additional reasonable period of time as may be required with respect to those items, which, by their very nature, cannot be cured within such thirty [30] day period) within which to remedy such alleged default; and if Tenant shalt have cured all such defaults within the said respective time periods allowed, then the previous existence of such default shall not constitute a reason of damage for invalidating Tenant's notice to existing work caused by exercise its renewal option. At any time after Tenant or has exercised its contractorsoption to extend this Lease for the Renewal Term(s), or by reason of inadequate cleanup by Tenant or its contractors.Landlo
Appears in 1 contract
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain (i) All work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond within the scope of the Tenant Improvements Approved Construction Documents, including without limitation delivery, furnishing and installation of (A) telephone or other communications lines, cables and equipment; (B) computer or office equipment and the cabling associated with same; (C) furniture or fixtures of the Tenant; and (D) security equipment, shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work (considered "Tenant's Work"" and shall be furnished and installed by Tenant at Tenant's expense.
(ii) Tenant and its agents shall have the right, at Tenant's own risk, expense and responsibility to enter the Building: (i) not later than the Delivery Date (or earlier if the Building is completed to the extent necessary to permit such entry), for the purpose of furnishing and installing telephone, computer or other communications lines and cables and installing its fixtures and equipment; provided that Tenant does not interfere with or delay the work to be performed by Landlord, Tenant uses contractors and workers compatible with the contractors and workers engaged by Landlord, and Tenant obtains Landlord's prior written consent and, if such entry is prior to the Commencement Date, such entry shall be subject to Landlord's prior written approvalall the terms and conditions of this lease, except the payment of Rent. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's scheduleFurther, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when requiredsubject to the following conditions:
(1) At least ten (10) days prior to commencement of Tenant's Work, a copy of which Tenant shall be furnished deliver to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to insurance for each of Tenant's vendors is the responsibility of Tenant contractors evidencing adequate insurance coverage naming Landlord and shall be a Tenant DelayLandlord's agent as additional insureds.
(c2) In addition to the right of Landlord and its Agents to inspect the Premises set forth in Section 11 of this lease, Landlord and its Agents shall have the right to conduct a walk-through inspection of the Premises as completed by Tenant.
(3) The warranties from Tenant's contractor(s) shall be for the benefit of Landlord as well as Tenant and Tenant shall deliver such warranties to Landlord upon receipt.
(4) All construction shall be done in a good and workmanlike manner and shall comply at the time of completion with all Laws and Requirements. Tenant shall deliver to Landlord copies of all certificates of occupancy, permits and licenses required to be issued by any authority in connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlordconstruction.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Tenant’s Work. Landlord Tenant, at its sole cost and Tenant acknowledge expense, shall perform all work (other than Landlord’s Work) in accordance with the terms of this Rider as required to put the Additional Premises in a condition to permit the conduct of Tenant’s business therein and agree that certain work required for Tenant's occupancy in accordance with the requirements of the Leased Premises, including but not limited this Lease.
A. When Landlord’s Work has proceeded to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond point where the scope of work described in the Tenant Improvements and shall Working Drawings to be performed by Tenant and the installation of Tenant’s trade fixtures and equipment in the Additional Premises (collectively “Tenant’s Work”) can, in the opinion of Landlord, be commenced in accordance with good construction practice, Landlord shall notify Tenant to that effect. After such notice, Tenant shall have the right to occupy the Additional Premises for the purpose of performing Tenant’s Work so far as its occupancy is not consistent with Landlord’s Work or its contractors at Tenant's sole cost any work to be done in the Building by Landlord, subject to all the terms and expensecondition of the Lease and the attached Amendment, except that the payment of Rent by Tenant for the Additional Premises shall not commence until the Additional Premises Commencement Date (as defined below). All such work ("Tenant's Work") by ‘tenant shall be performed in accordance with and be subject to the terms and conditions of Article 10 of the Lease.
B. Tenant acknowledges that entry onto the Additional Premises when the Landlord's prior written approval’s Work is not Substantially Complete entails a risk of personal injury, death, or damage, destruction, loss or misappropriation of property. To the extent expressly prohibited by law, Tenant shall adopt a construction schedule hereby assumes all such risks for Tenant's Work entry onto the Additional Premises, arid agrees to defend and hold harmless Landlord (its agents, contractors, employees and any lessor under any ground or underlying lease) against all costs and expenses, including reasonable attorneys’ fees in conformance with the Contractor's scheduleconnection therewith, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result arising out of any interference with Landlord's operations personal injury, death, or damage, destruction, loss or misappropriation of property related to entry onto the Additional Premises by Tenant or its contractors agents, employees, contractors. invitees or subtenants prior to such time as the Landlord’s Work is Substantially Complete, except to the extent such costs or expenses arise out of the negligence or willful misconduct of Landlord, its employees, agents or representatives (it being expressly understood that for purposes of this Lease, Landlords contractors, subcontractors and their employees shall not be considered employees, agents or representatives of Landlord).
C. Tenant shall be promptly paid solely responsible to determine at the site all dimensions of the Additional Premises and the Building that affect any work to be performed by Tenant to hereunder.
D. Neither review nor approval by Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any plans or specifications for Tenant’s Work or any other work to be performed by Tenant shall constitute a representation or warranty by Landlord that any of such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: plans or specifications either (i) Tenant's contractorsare complete or suitable for their intended purpose, or (ii) proof of the amount comply with applicable laws, ordinances, codes and coverage of public regulations, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability and property damage insurance carried whatsoever to Tenant or to any other person or entity for such completeness, suitability, or compliance.
E. Once approved by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, Tenant shall not make any changes, modifications or additions to the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications submitted to Landlord for Tenant's Work.
(b) Tenant's ’s Work shall be performed in conformity with a valid permit when required, a copy or any other Leasehold Improvements without the prior written consent of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Office Lease Agreement
Tenant’s Work. Except as otherwise described in this Section 10.4, Tenant shall not make any installations, alterations, additions or improvements in or to the Premises, including, without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord and Tenant acknowledge and agree (i) which consent, as to installations, alterations, additions or improvements that certain work required for Tenant's occupancy do not affect the Building systems or the structure of the Leased PremisesPremises or Building, including but shall not limited be unreasonably withheld or delayed and (ii) which consent shall not be necessary as to the procurement cosmetic improvements (i.e., painting and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and carpeting) that does not cost more than $150,000 in any one instance. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications (except for cosmetic improvements) and a construction schedule therefor reasonably approved in advance by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt procure, at Tenant’s sole expense, all necessary permits and licenses before undertaking any work on the Premises and shall perform all such work in a construction schedule for Tenant's Work in conformance good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. Prior to commencing any work at the Premises, Tenant shall provide Landlord with a copy of the executed contract with the Contractor's schedulegeneral contractor for such work. If requested by Landlord, Tenant shall furnish to Landlord prior to the commencement of any such work a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications. Tenant shall keep the Premises at all times free of liens for labor and materials. Tenant shall employ for such work only contractors approved by Landlord, which approval shall not be unreasonably withheld, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its require all contractors shall be promptly paid employed by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant carry worker’s compensation insurance in accordance with statutory requirements and commercial public liability insurance covering such contractors on or about the Premises in amounts that at least equal the limit of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, $2,000,000 and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and submit certificates evidencing such coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before prior to the commencement of such work. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Subject to compliance with the terms of Section 10.6 of this Lease, Landlord may inspect the work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant at reasonable times and shall be a Tenant Delaygive notice of observed defects.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Lease (Celldex Therapeutics, Inc.)
Tenant’s Work. Landlord and (A) Notwithstanding anything to the contrary in this Exhibit C, Tenant acknowledge and agree that certain work required shall be responsible for Tenantall work, construction, installations or improvements in or to the Premises which are not designated as Landlord's occupancy of the Leased Premises, Work (including but not limited to the procurement and installation of all fixtures, furniture, fixtures, equipment, artwork equipment and interior signage are beyond the scope of the Tenant Improvements other office installations.) Such work shall hereinafter be referred to as "Tenant's Work," and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Prior to commencing Tenant's Work") , Tenant shall be subject submit to Landlord's prior written approval. Tenant shall adopt a construction schedule , for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written review and approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work which shall not proceed until Landlord has approved in writing: (i) Tenant's contractorsbe unreasonably withheld, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans drawings and specifications for Tenant's Work.
(b) , showing all aspects of such work. Tenant's Work shall be performed in conformity with a valid permit when requireddeemed to constitute an "alteration" within the meaning of Section 15 of the Lease, a copy of which and shall be furnished subject to Landlord before such work is commenced. In any event, all the terms of (and approval procedures described in) Section 15 of the Lease even if Tenant's Work shall comply with all applicable laws, codes and ordinances takes place prior to the Commencement Date of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delaythis Lease.
(cB) In connection Tenant shall be responsible for and shall pay when due all costs associated with the preparation of plans and the performance of Tenant's Work incurred in accordance with this Exhibit C. Failure by Tenant to pay the costs associated with Tenant's Work (e.g., delivering on a timely basis so as to avoid the assertion of any statutory and/or common law lien against the Premises or installing furniture or equipment to the second floor Building shall constitute a default by Tenant for all purposes of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by LandlordLease.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Deed of Lease (Interliant Inc)
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain All work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond within the scope of the Tenant Improvements normal construction trades employed in the Building, including, but not limited to, furnishing and installing of the Telecommunications Equipment, telephones, furniture, and office equipment shall be performed furnished and installed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") Contractors shall be acceptable to and approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), and shall be subject to the reasonable administrative supervision of Landlord's prior written approval. Contractors engaged by Tenant shall adopt a construction schedule employ persons and means to insure so far as may be possible the progress of the work without interruption on account of strikes, work stoppages or similar causes for delay. Landlord shall give access and entry to the Fourth Floor Expansion Premises to Tenant and its Contractors and reasonable opportunity and time and reasonable use of facilities to enable Tenant to adapt the Expansion Premises for Tenant's Work use; provided, however, that if such entry is prior to the Fourth Floor Expansion Effective Date, such entry shall be subject to all the terms and conditions of the Lease, except the payment of Rent. In furtherance of the foregoing, Tenant covenants and agrees that the Fourth Floor Expansion Plans shall include plans outlining specifically the location of the conduit paths to be installed by Tenant. Any and all such conduit paths shall be of a size approved by Landlord and shall be installed at a location in conformance with the ContractorBuilding risers specified by Landlord. At Landlord's scheduleoption, Landlord may request Tenant to install additional conduit at the time Tenant installs conduit in the risers for purposes of serving the Premises, and Landlord shall perform Tenant's Work in pay for the cost and expense of such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs additional conduit and any incremental labor cost (if any) incurred by Landlord Tenant as a result of any interference with Landlord's operations by installation of such additional conduit. Tenant will not unreasonably withhold, condition or delay its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject consent to Landlord's prior written approval, request to so install the additional conduit described and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors identified in the form of an endorsed insurance certificate naming Landlordimmediately preceding sentence. EXHIBIT "E-1" SCHEDULE OF FOURTH FLOOR EXPANSION PREMISES IMPROVEMENTS THE FOLLOWING SCHEDULE MORE CLEARLY DEFINES THE INTERMEDIATE STEPS ESSENTIAL TO MEET THE DATES AS PROVIDED IN EXHIBIT "C": ACTION DATE 1. PRELIMINARY SPACE PLAN DELIVERED TO September 2, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.199 LANDLORD:
Appears in 1 contract
Sources: Lease Agreement (Interland Inc)
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain shall perform any work required to permit Tenant to open the Premises for business (“Tenant's occupancy ’s Work”). Tenant shall not commence any of Tenant’s Work until Tenant has submitted to Landlord plans and specifications (in such detail as Landlord shall reasonably require) for such work and Landlord has approved such plans in writing. Tenant’s Work shall be performed at Tenant’s sole cost and expense, in accordance with such approved plans and specifications and in accordance with the Leased Premisesterms and conditions of this Lease, including but not limited to the procurement including, without limitation, Section 7.5 and installation of furnitureSection 7.13 hereof, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant contractor(s) approved by Landlord, which approval shall not be unreasonably withheld or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approvaldelayed. Tenant shall adopt a construction schedule for commence Tenant's ’s Work in conformance with promptly after receipt of Landlord’s approval of Tenant’s plans and specifications (but not before the Contractor's schedule, Lease Commencement Date) and shall perform diligently prosecute the same to completion. Landlord’s approval of Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed ’s plans and specifications for Tenant's Work.
(b) Tenant's ’s Work shall be performed in conformity create no responsibility or liability on the ▇▇▇ of Landlord for their completeness, design sufficiency, or compliance with a valid permit when requiredall laws, rules and regulations of governmental agencies or authorities. Prior to beginning Tenant’s Work, Tenant shall, if required by law, obtain appropriate performance and payment bonds covering the labor and materials required to complete Tenant’s Work. Prior to beginning Tenant’s Work, Tenant shall also deliver to Landlord and Landlord’s Mortgagee, at Tenant’s cost, a copy builder’s risk insurance policy naming Landlord and Landlord’s Mortgagee as additional insureds, as their interests may appear, with the amount and type of which coverage being required by Landlord and Landlord’s Mortgagee and otherwise in compliance with the requirements for insurance set forth in Article 6 above, together with evidence that the premium for said insurance has been paid in full by Tenant for a period of no less than one year. Tenant covenants and represents that the foregoing work shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply completed in a good and workmanlike manner and in compliance with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the BuildingLegal Requirements. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay in full all costs and expenses associated with Tenant’s Work and shall be responsible for the performance of Tenant’s Work to completion. Upon completion of Tenant’s Work, Tenant shall deliver to Landlord upon demand for any extra expense incurred by Landlord by reason a certificate of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractorscompletion from Tenant’s architect certifying that all Tenant’s Work has been installed and completed in accordance the approved plans and specifications therefore and in compliance with all Legal Requirements.
Appears in 1 contract
Tenant’s Work. (a) Landlord and Tenant acknowledge and agree that certain work required will cause ▇▇▇▇▇▇▇ Properties, Inc., as general contractor, to perform, or cause to be performed, all of Tenant's Work, subject to the allowance provisions set forth below, in substantial conformity with Tenant's plans for Tenant's occupancy of the Leased Premises, including but not limited Work to the procurement be completed and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall finalized as hereinabove provided.
(b) Landlord agrees that all Tenant's Work will be performed by Tenant or its contractors at Tenant's sole cost in a good and expenseworkmanlike manner and in full compliance with all applicable government laws and regulations and to current industry standards. All such work ("Tenant's Work") construction materials used shall be subject to Landlord's prior written approval. normal and customary warranties, and Landlord shall diligently pursue to completion the prompt correction of all legitimate warranty claims by Tenant shall adopt a construction schedule with respect to (i) substantial adherence to the plans for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make using all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractorsnew construction materials, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlordgood workmanship thereof, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete the freedom of such materials from latent defect. Tenant and detailed its consultants shall have the right, but not the obligation, to review, monitor and approve all plans and specifications materials involved in Tenant's Work throughout the entire construction process, provided that Tenant and its consultants do not cause delays in the construction schedule. Landlord will allow reasonable time and notification on the construction schedule for tenant to conduct such reviews and approvals. Landlord shall cause to be obtained all permits, certificates (including the use permit or certificate of occupancy or its equivalent) and other governmental approvals from all governmental entities having jurisdiction which are necessary for the completion of Tenant's Work.
(bc) or the services provided by Landlord's general contractor, Landlord shall earn a fee of two and one-half percent (2.5%) of managed costs related to the construction of Tenant's Work Work, which sum shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment charged to the second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by LandlordAllowance defined below.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Office Lease (Neustar Inc)
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Promptly after approval of Tenant's occupancy of the Leased PremisesPlans, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements shall commence and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such exercise all reasonable efforts to complete the work specified therein ("Tenant's Work") ). All Tenant's Work shall be subject to Landlordcompleted in accordance with the approved Tenant's prior written approvalPlans and the requirements for alterations and improvements made by or on behalf of Tenant set forth in this Lease. Tenant shall adopt a construction schedule Copies of all permits and approvals required for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and furnished to the administrative supervision of the ContractorLandlord promptly upon receipt thereof. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed by a general contractor approved by the Landlord, which approval shall not be unreasonably withheld or delayed, under a written construction contract providing for such bonds as are customary and reasonable in conformity with the full amount of the contract sum; provided, however, that the Tenant may have Tenant's Work competitively bid by several general contractors approved in advance by the Landlord which approval shall not be unreasonably withheld or delayed and the Tenant may select among such general contractors the general contractor that will perform Tenant's Work. The approval by the Landlord of the Tenant's general contractor shall not impose upon the Landlord any responsibility or liability whatsoever to the Tenant as a valid permit when requiredresult of, a or arising out of, the defaults or other acts or omissions of the general contractor. A copy of which all required bonds and certificates of insurance required by this Lease shall be furnished to the Landlord before such work is commencedprior to commencement of construction and installation of Tenant's Work. In addition, the Landlord, at Landlord's sole expense, may monitor the progress of Tenant's Work, including, without limitation, attend any eventweekly or other periodic job meetings. The Landlord shall provide the Tenant with no less than twenty four hours prior notice before it enters the Premises to review Tenant's Work, all except in the event of an emergency, when no such notice shall be required. Any review and monitoring of Tenant's Work by the Landlord shall comply with all applicable lawsnot impose upon the Landlord any responsibility or liability whatsoever to the Tenant as a result of, codes and ordinances or arising out of, Tenant's Work. Within forty-five (45) days of completion of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure Work in accordance with the approved plans and specifications, the Tenant shall provide to comply the Landlord "as-built" plans in both paper and electronic form showing precisely how and where Tenant's Work was actually installed. The Tenant shall provide the Landlord with such applicable laws. Any and all delay in obtaining copies of any certificates of occupancy for any Tenant's Work that requires a certificate of occupancy due to reasonably promptly after completion of any portion of Tenant's vendors is the responsibility of Tenant and Work. Nothing herein shall be a construed as permitting the Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering to occupy all or installing furniture or equipment to the second floor any portion of the Leased Premises), Premises for which the Tenant has not obtained a certificate of occupancy or its contractors shall arrange for any necessary hoisting or elevator service otherwise failed to comply with Landlord and shall pay such reasonable costs for such services legal requirements as may be charged by Landlordset forth herein.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Tenant’s Work. Landlord (i) Tena▇▇ ▇▇▇ees to perform, at its risk and Tenant acknowledge and agree that certain expense, all work required for Tenant's occupancy of which is necessary to prepare the Leased PremisesPremises for Tena▇▇'▇ ▇ntended business, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work fixturing ("Tenant's Work"), commencing on the date the Landlord makes written tender of the Leased Premises to Tenant, or, with Landlord's approval (which shall not be unreasonably withheld), prior to such date. Specifications for Tenant's Work shall be submitted to Landlord at least twenty (20) days prior to commencement thereof and shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work which shall not proceed until Landlord has approved in writing: (i) Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) be unreasonably withheld. Tenant's Work shall be performed in conformity accordance with a valid permit when requiredrequirements of governmental authorities and all reasonable rules made by Landlord and its contractors and without interference with or damage to work performed or to be performed by Landlord or its agents. If Tenant causes any such interference or damage, a copy of which Tenant shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delayliable therefor.
(cii) In connection with Tenant shall not permit any lien on account of the performance of services or supply of materials for any item of Tenant's Work (e.g.Work, delivering or installing furniture for any other item of construction or equipment repair performed by Tenant, to the second floor of be filed against the Leased Premises). If any such lien is filed, Tenant or its contractors shall arrange for shall, within thirty (30) days after notice thereof, discharge the lien of record or, if Tenant elects to contest the lien by appropriate proceedings, bond the lien and diligently prosecute the proceedings. If Tena▇▇ ▇▇▇ls to dischar ge the lien, Landlord may do so, and any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred monies expended by Landlord by reason of faulty work done in doing so, including court costs and attorneys fees, shall be reimbursed by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractorspromptly upon demand.
Appears in 1 contract
Sources: Contract for Sale and Purchase of Assets (V Twin Acquisitions Inc)
Tenant’s Work. Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy agrees to accept the Leased Property in its present “AS IS” condition. Further alterations of the Leased PremisesProperty will be at Tenant’s sole expense (unless otherwise stated in this Lease) and deemed to be Tenant’s Work. Tenant and Landlord shall approve and attach an Exhibit “D” (“Plan of Work”) to this Lease that shall include any drawings, including but not limited statements of items being provided by Tenant and Landlord in the Leased Property and any other necessary items that are needed to clarify Tenant and Landlord responsibilities for the condition of the Leased Property at the Commencement Date. Both Tenant and Landlord shall approve the Plan of Work as soon as possible following the execution of this Lease. Both Tenant and Landlord must approve any changes to the procurement Plan of Work, in writing, prior to proceeding with the changes. Approval of plans and installation specifications by Landlord shall not constitute the assumption of furnitureany responsibility by Landlord for their accuracy or sufficiency or conformity with applicable laws, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be performed by Tenant or its contractors at solely responsible for such plans and specifications and for all of Tenant's sole cost and expense. All such work ("Tenant's ’s Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for not commence any of Tenant's ’s Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements:
(a) Tenant's Work shall not proceed until Landlord has approved in writing: (i) Exhibit “D.” Tenant's contractors, (ii) proof of the amount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any event, all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy due to Tenant's vendors is the responsibility of Tenant and shall be a Tenant Delay.
(c) In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the second floor ’s taking possession of the Leased Premises)Property shall be conclusive evidence of Tenant’s acceptance thereof in good order and satisfactory condition. Tenant agrees that Landlord has made no representations as to conformance with applicable laws respecting the condition of the Leased Property or the presence or absence of Hazardous Materials (hereinafter defined) in, at, under or abutting the Leased Property or the environment. Tenant also agrees that no representations respecting the condition of the Leased Property, no warranties or guarantees, expressed or implied, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, with respect to workmanship or any defects in material, and no promise to decorate, alter, repair or improve the Leased Property either before or after the execution hereof, have been made by Landlord or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlordagents to Tenant unless the same are contained herein.
(d) Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by reason of inadequate cleanup by Tenant or its contractors.
Appears in 1 contract
Sources: Lease Agreement (Endocyte Inc)