Landlord’s Work. (a) For purposes of this lease, "Landlord's Work" means, collectively, the alterations and improvements to the demised premises to be constructed and/or installed by Landlord in accordance with the terms and conditions of this lease, as more particularly described in Exhibit ________ attached to and hereby made a part of this lease. Landlord shall use commercially reasonable efforts to "Substantially Complete" the Landlord's Work not later than ________, 20________ (the "Substantial Completion Target Date"). For purposes of this lease, Xxxxxxxx's Work shall be deemed to be "Substantially Complete" as of the date on which the general contractor or the architect employed by Landlord with respect to the construction and/or installation of Landlord's Work shall certify in writing to Landlord that: (i) Landlord's Work has been substantially completed in all material respects substantially in accordance with the approved plans and specifications therefor, if any; and (ii) a temporary or permanent certificate of occupancy has been issued by the governmental authority having jurisdiction with respect to Landlord's Work or the governmental authority having jurisdiction with respect to Landlord's Work has otherwise evidenced its approval of Landlord's Work. Landlord shall have no liability whatsoever to Tenant in the event that Landlord shall fail for any reason whatsoever to Substantially Complete Landlord's Work on or before the Substantial Completion Target Date (including, without limitation, for any damages that Tenant may suffer as a result thereof or in connection therewith); provided, however, in such event, Landlord shall use commercially reasonable efforts to Substantially Complete Landlord's Work as soon as possible thereafter. Landlord shall use commercially reasonable efforts to complete any portions or aspects of Landlord's Work which shall be incomplete as of the date of Substantial Completion of Landlord's Work as soon as possible thereafter. Notwithstanding anything to the contrary set forth elsewhere in this lease, Tenant hereby acknowledges and agrees that the construction and/or installation of Landlord's Work by Landlord shall not be deemed in any way to constitute a condition precedent to the occurrence of the Commencement Date (as such date is set forth in Paragraph 1.3 of this lease) or to the effectiveness of any of the agreements or obligations of Tenant set forth in this lease with respect to the demised premises (including, without limita...
Landlord’s Work. As partial consideration for this Lease, Landlord agrees to provide and pay for tenant improvements to the Premises up to the total sum of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("Landlord's Work") pursuant to plans and specifications mutually agreed upon between Landlord and Tenant. In the event Landlord's Work costs in excess of $200,000, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Premises. Landlord and Tenant shall diligently pursue the preparation of all plans and specifications for all improvements to the Premises, whether Landlord's Work or Tenant's Work. All such plans and specifications shall have the approval of both Landlord and Tenant, which approval shall not be unreasonably withheld by either party. Upon execution of this Lease, Tenant, at its expense, shall have provided Landlord's architect with instructions sufficient to enable Landlord's architect to prepare complete plans and specifications for Landlord's Work. Such plans and specifications and a cost estimate for Landlord's
Landlord’s Work. (A) Landlord, at its sole cost and expense, shall perform Landlord’s Work in the 20th Floor Premises and 21st Floor Premises. In the event Landlord shall be unable to deliver possession of the 20th Floor Premises or 21st Floor Premises to Tenant on the 20th and 21st Floor Anticipated Commencement Date with Landlord’s Work substantially completed, then (x) Landlord shall not be subject to any liability for such failure, and (y) the Lease, as modified by this Agreement, shall remain in full force and effect without extension of the Term with respect to the 20th Floor Premises or 21st Floor Premises and, subject to the provisions of sub-paragraph (C) below, Tenant’s obligation to pay Fixed Annual Rent and Additional Rent with respect to the 20th Floor Premises and 21st Floor Premises shall not commence until Landlord’s Work in the 20th Floor Premises and 21st Floor Premises has been substantially completed and the dates set forth in Exhibit C-1 and C-2 hereof setting forth the rates of Fixed Annual Rent payable on account of the 20th Floor Premises and 21st Floor Premises shall be adjusted forward on a day for day basis if and to the extent necessary to correspond to the actual 20th and 21st Floor Premises Commencement Date, as applicable. The foregoing notwithstanding, (1) if the 20th and 21st Floor Premises Commencement Date has not occurred by September 1, 2017 for any reason, and provided such delay is not due to any “Tenant Delay” or “Force Majeure” (as such quoted terms are hereinafter defined), then once the 20th and 21st Floor Commencement Date actually occurs, Tenant shall receive an abatement of Fixed Annual Rent with respect to the 20th Floor Premises and 21st Floor Premises equal to one-half of one day’s Fixed Annual Rent for each day from and after September 1, 2017 until the 20th and 21st Floor Premises Commencement Date (and as applied to the 21st Floor Premises, the period that Tenant does not pay Fixed Annual Rent shall be extended accordingly) and (2) if the 20th and 21st Floor Premises Commencement Date has not occurred by October 1, 2017 for any reason, and provided such delay is not due to any Tenant Delay or Force Majeure, then once the 20th and 21st Floor Commencement Date actually occurs, Tenant shall receive an abatement of Fixed Annual Rent with respect to the 20th Floor Premises and 21st Floor Premises equal to one day’s Fixed Annual Rent for each day from and after October 1, 2017 until the 20th and 21st Floor Premises Commencement...
Landlord’s Work. Landlord has constructed the following ---------------- elements of the Building which are referred to as "Landlord's Work": foundations, floor slabs, roofs, exterior walls and windows, core walls, columns, all central mechanical and electrical systems serving the Building generally, any other mechanical and electrical systems located within core walls, ground floor lobby and courtyard areas, and bathrooms on multi-tenant floors. Landlord's Work also includes the elevator lobby and the demising wall on the multi-tenant floor on which the Premises are located, which Landlord shall diligently pursue to completion. Tenant has inspected, and is satisfied with, the "as is" condition of the Premises and shall be deemed to have accepted all elements of Landlord's Work in "as is" condition on the date of this Lease (it being understood that the foregoing is not intended to derogate from Landlord's obligations under Sections 3.1.2 and 4.1.2). Landlord's Work does not include Finish Work under Section 3.2 and the provision of similar finish work to other occupants. Landlord makes no warranty or covenant, express or implied, concerning the construction of the Building except that Landlord shall be responsible for exterior Building and Building shell and core compliance with all applicable laws (and Tenant shall be responsible for interior Building compliance with all applicable laws) provided, however, to the extent any Tenant Work or Finish Work affect the shell and core of the Building or may affect compliance of the shell and core with now applicable laws, Landlord and Tenant shall cooperate in the submission of plans to authorities and with respect to compliance issues generally as they affect Building shell and core. Landlord and Tenant shall cooperate to avoid to the maximum extent reasonably possible the need to perform additional work on the Building shell and core in order to avoid issues with respect to shell and core compliance with applicable law.
Landlord’s Work. Landlord shall perform the work shown on the plans (the “Plans”) listed on Exhibit B-2 attached to the Lease (“Landlord’s Work”); provided, however, that Landlord shall have no responsibility for the installation or connection of Tenant’s computer, telephone, other communication equipment, systems or wiring. Any items of work requested by Tenant and not shown on the Plans shall be deemed to be Change Proposal(s) (as defined below) and shall be subject to the terms and provisions of subsection (2) below.
Landlord’s Work. Except as otherwise expressly provided in this Workletter, in the Lease or by mutual written agreement of Landlord and Tenant, (i) the cost of design and construction of Landlord’s TI Work shall be at Tenant’s sole cost and expense, including any costs or cost increases incurred as a result of Unavoidable Delays, governmental requirements or unanticipated conditions, subject to application of the Tenant Improvement Allowance in accordance with this Workletter; and (ii) the cost of design and construction of Landlord’s Section 2.3 Work shall be at Landlord’s sole cost and expense, including any costs or cost increases incurred as a result of Unavoidable Delays, governmental requirements or unanticipated conditions. To the extent the estimated entire amount that Landlord is committed to pay (under contracts and obligations in effect from time to time) with respect to Landlord’s TI Work exceeds the net Tenant Improvement Allowance available pursuant to this Workletter, the excess Cost of Improvements for Landlord’s TI Work, over and above the Tenant Improvement Allowance, shall be payable by Tenant on a pro rata basis as illustrated in the diagram attached hereto as Schedule B-4 and incorporated herein by this reference (the “TI Allowance Disbursement Diagram”). To the extent the final net Cost of Improvement with respect to Landlord’s TI Work is not covered by the Tenant Improvement Allowance plus any payments made by Tenant from time to time during the course of construction, the remaining balance of the final net Cost of Improvement of Landlord’s TI Work shall be reimbursed by Tenant to Landlord in cash within thirty (30) days after final completion of Landlord’s TI Work (including any applicable Punch List Work), subject to the provisions of subparagraph (c) below.
Landlord’s Work. Except as otherwise expressly provided in this Workletter (including, but not limited to, the cost allocations set forth in SCHEDULE C-2 attached hereto) or by mutual written agreement of Landlord and Tenant, the cost of construction of Landlord's Work shall be borne by Landlord at its sole cost and expense, including any costs or cost increases incurred as a result of Unavoidable Delays, governmental requirements or unanticipated conditions; PROVIDED, however, that notwithstanding any other provisions of this Paragraph 4(a), to the extent the Cost of Improvement relating to the construction of any item or component of Landlord's Work is increased as a result of any implemented Change Order Request or any Tenant Delay, or as a result of any "above standard" Building Shell components requested by Tenant or otherwise necessitated by Tenant's particular use requirements or by the contemplated Tenant's Work, or as a result of any other plan changes or compliance costs attributable to Tenant's particular use requirements or to the contemplated Tenant's Work, the amount of the increase in the Cost of Improvement with respect to such item or component shall be reimbursed by Tenant to Landlord in cash or, by mutual agreement of Landlord and Tenant, may be deducted from Landlord's maximum obligation under Paragraph 4(b) with respect to the cost of Tenant's Work.
Landlord’s Work. LANDLORD'S WORK" shall mean all work to be constructed by Landlord described in Sections 1.1, 1.2 and 1.3 above.
Landlord’s Work. Landlord shall have the right at any time to change the arrangement and location of all entrances, passageways, doors, doorways, corridors, stairs, toilets and other public parts of the Project and, upon giving Tenant reasonable notice thereof, to change any name, number or designation by which the Premises or the Project is commonly known.
Landlord’s Work. Landlord shall construct the building wherein the Leased Premises are to be located and perform the work described in Exhibit C attached hereto and made a part hereof ("Landlord's Work") at Landlord's cost and expense, except as otherwise provided in Exhibit C. All work, in addition to the work described in Exhibit C, done by Landlord at Tenant's request shall be paid for by Tenant within thirty (30) days after the presentation to Tenant of a bill for such work. Acceptance of xxssession by Tenant shall be conclusive evidence that Landlord's Work has been fully performed in the manner required. Any items of Landlord's Work which are not completed as of delivery of possession shall be identified by Tenant on a punch list to be submitted to Landlord within thirty (30) days after the date of possession and Landlord shall thereafter complete the same. Any items of Landlord's Work which are not timely identified on such a punch list shall be deemed completed.
