Common use of Improvements Clause in Contracts

Improvements. Landlord shall, at Landlord's sole cost and expense, complete Landlord's Work which shall be of the specifications, materials, design, finish and color of the standard adopted by Landlord for the Building. Any improvements and other work done to the Premises which in any manner exceed, change or are in addition to Landlord's Work shall be referred to as "Tenant's Work" and shall be constructed by contractors chosen by Tenant and approved by Landlord, who may be, but shall not necessarily be, the same as Landlord's contractor. All of Landlord's Work shall be completed in substantial accordance with the Plans, as in Exhibit "B". Complete architectural and mechanical plans and specifications ("Landlord's Plans") shall be prepared by the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect at Tenant's expense. Both the Plans for Landlord's Work and the Plans for Tenant's Work are hereafter collectively referred to as "Plans". The Plans shall be consistent with the design, construction and equipment of the Building and in conformity with its standards and shall show the location and extent of any excess floor loading, all special requirements for air conditioning, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to the written approval of Landlord, which consent cannot be unreasonably withheld. All design, construction and installation shall conform to the requirements of any and all authorities having jurisdiction thereof. Tenant shall submit Tenant's Plans within ninety (90) days after the execution of this Lease by both parties. Landlord shall respond within twenty (20) days of receipt of complete Tenant's Plans. In the event that Tenant falls to submit such information within said time period, then Landlord shall have the right to proceed as it deems appropriate in Landlord's sole discretion. In the event that any work so done by Landlord thereafter requires changes, then said changes shall be at Tenant's sole cost and expense. Notwithstanding the foregoing or anything to the contrary contained herein this Lease, the parties acknowledge and agree that Tenant currently occupies the entire Premises and that no Landlord's Work or Tenant's Work shall be required in connection with the commencement of the Term of this Lease.

Appears in 2 contracts

Samples: Office Lease Agreement (Claires Stores Inc), Office Lease Agreement (BMS Distributing Corp.)

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Improvements. Landlord shall, at Landlord's sole cost and ’s expense, complete those certain improvements to the Expansion Space as shown on Exhibits A and A-1 attached hereto (the “Tenant Improvements”). If Tenant makes any revision to the space plan after such space plan has been approved by both Landlord and Tenant, then Tenant shall pay all additional costs and expenses incurred as a result of such revisions, including Landlord's Work which ’s construction supervision fee of ten percent (10%) to manage and oversee the work to be done on Tenant’s behalf. Tenant agrees to pay to Landlord, promptly upon being billed therefor, all costs and expenses incurred in connection with the changes requested by Tenant. Such costs and expenses shall include all amounts charged by the contractor performing the work (the “Contractor”) for performing such work and providing such materials (including the Contractor’s general conditions, overhead and profit). Tenant will be billed for such costs and expenses as follows: (i) forty-five percent (45%) of such costs and expenses shall be due and payable upon Tenant’s approval of the specificationscost estimates for the Tenant Improvements; (ii) forty-five percent (45%) of such costs and expenses shall be due and payable when such work is fifty percent (50%) completed; (iii) ten percent (10%) (i.e., materialsthe outstanding balance) of such costs and expenses shall be due and payable upon substantial completion. If unpaid within thirty (30) days after receipt of invoice, designthen the outstanding balance shall accrue interest at the rate of one percent (1%) per month until paid in full. The Expansion Space shall be deemed to be substantially complete when the work to be performed by Landlord pursuant to the plans approved by Landlord and Tenant (the “Plans”) has been completed, finish as certified by Landlord’s architect, except for items of work and color adjustment of equipment and fixtures that can be completed after the Expansion Space are occupied without causing material interference with Tenant’s use of the standard adopted by Expansion Space (i.e, “punch list items”). Notwithstanding the foregoing, The Expansion Commencement Date shall remain the date specified in Section 1 hereinabove regardless of any delays in the substantial completion of the work. Landlord for covenants and agrees that all work performed in connection with the Building. Any improvements and other work done to construction of the Premises which in any manner exceed, change or are in addition to Landlord's Work Expansion Space shall be referred to as "Tenant's Work" performed in a good and shall be constructed by contractors chosen by Tenant workmanlike manner and approved by Landlord, who may be, but shall not necessarily be, the same as Landlord's contractor. All of Landlord's Work shall be completed in substantial accordance with the final approved Plans, as . Landlord agrees to exercise due diligence in Exhibit "B". Complete architectural and mechanical plans and specifications ("Landlord's Plans") shall be prepared by completing the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect at Tenant's expense. Both the Plans for Landlord's Work and the Plans for Tenant's Work are hereafter collectively referred to as "Plans". The Plans shall be consistent with the design, construction and equipment of the Building Expansion Space. Landlord agrees to repair and correct any work or materials installed by Landlord or its Contractor in conformity with its standards the Expansion Space that prove defective as a result of faulty materials, equipment, or workmanship and shall show the location and extent of any excess floor loading, all special requirements for air conditioning, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to the written approval of Landlord, which consent cannot be unreasonably withheld. All design, construction and installation shall conform to the requirements of any and all authorities having jurisdiction thereof. Tenant shall submit Tenant's Plans that first appear within ninety three hundred sixty (90360) days after the execution date of this Lease by both parties. Landlord shall respond within twenty (20) days occupancy of receipt of complete Tenant's Plans. In the event that Tenant falls to submit such information within said time period, then Landlord shall have the right to proceed as it deems appropriate in Landlord's sole discretion. In the event that any work so done by Landlord thereafter requires changes, then said changes shall be at Tenant's sole cost and expenseExpansion Space. Notwithstanding the foregoing foregoing, Landlord shall not be responsible to repair or anything correct any defective work or materials installed by Tenant or any contractor other than Landlord’s Contractor, or any work or materials that prove defective as a result of any act or omission of Tenant or any of its employees, agents, invitees, licensees, subtenants, customers, clients, or guests. During construction of the Tenant Improvements in the Expansion Space with the approval of the Landlord, Tenant shall be permitted reasonable access to the contrary contained herein this LeaseExpansion Space, as long as such access does not interfere with or delay construction work on the parties acknowledge Expansion Space for the purposes of taking measurements, making plans, installing trade fixtures, and agree that doing such other work as may be appropriate or desirable to enable Tenant currently occupies eventually to assume possession of and operate in the entire Premises and that no Landlord's Work or Tenant's Work shall be required in connection with the commencement of the Term of this LeaseExpansion Space.

Appears in 2 contracts

Samples: Lease Amendment Number One (INC Research Holdings, Inc.), Lease Amendment Number One (INC Research Holdings, Inc.)

Improvements. Landlord shallCABOSA/SU agrees to preserve, at Landlord's sole cost develop, and expensemaintain the Cargill Parks exclusively for recreational purposes as determined by CABOSA/SU with soccer as its primary use, complete Landlord's Work which subject to the review and approval by SPAR (the “Soccer Facilities”). CABOSA/SU shall be of responsible for the specificationsplanning, materialsdevelopment, design, finish and color construction of the standard adopted by Landlord Soccer Facilities at Cargill Parks. CABOSA/SU shall develop and adopt a Master Site Development Plan for the BuildingSoccer Facilities at Cargill Parks following CITY and SPAR policies. Any improvements CABOSA further agrees that it shall follow the Master Site Development Plan, and other work done to that during the Premises which in any manner exceed, change or are in addition to Landlord's Work shall be referred to as "Tenant's Work" and shall be constructed by contractors chosen by Tenant and approved by Landlord, who may be, but shall not necessarily be, the same as Landlord's contractor. All of Landlord's Work shall be completed in substantial accordance with the Plans, as in Exhibit "B". Complete architectural and mechanical plans and specifications ("Landlord's Plans") shall be prepared by the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect at Tenant's expense. Both the Plans for Landlord's Work and the Plans for Tenant's Work are hereafter collectively referred to as "Plans". The Plans shall be consistent with the design, construction and equipment term of the Building and in conformity with its standards and shall show the location and extent of any excess floor loadingAGREEMENT, all special requirements for air conditioningdevelopment of the Soccer Facilities at Cargill Parks shall follow the Master Site Development Plan as updated and amended from time to time by CABOSA/SU, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to the review and approval by CITY and SPAR.. No development or major construction work will be undertaken without prior consultation with the CABOSA/SU Board of Directors. All improvements made by CABOSA/SU in the Cargill Parks are the property of CABOSA/SU during the Initial Term, and all Renewal Terms of this AGREEMENT. All improvements made by CABOSA/SU in the Cargill Parks shall become the property of CITY without charge upon termination of this Agreement. CABOSA/SU may undertake development or maintenance projects in the Cargill Parks only with the prior written approval of LandlordCITY and SPAR, which consent cannot subject to the review and approval by CITY and SPAR. SPAR and CABOSA/SU may choose to execute a separate Cooperative Endeavor Agreement for each CABOSA/SU project other than the Soccer Facilities at the Cargill Parks. CABOSA/SU shall provide to CITY, through SPAR, detailed development and construction plans as well as a detailed budget for the proposed construction. Prior written approval shall be unreasonably withheldobtained from SPAR before any construction may begin at the Cargill Parks. All designPark development must follow the Master Site Development Plan as updated and amended from time to time, construction and installation CABOSA/SU shall conform to ensure that all federal, state, and local laws, regulations, and ordinances are complied with. All improvements made by CABOSA/SU in the requirements Cargill Parks shall become the property of any and all authorities having jurisdiction thereof. Tenant shall submit Tenant's Plans within ninety (90) days after the execution CITY without charge upon termination of this Lease by both parties. Landlord shall respond within twenty (20) days of receipt of complete Tenant's Plans. In the event that Tenant falls to submit such information within said time period, then Landlord shall have the right to proceed as it deems appropriate in Landlord's sole discretion. In the event that any work so done by Landlord thereafter requires changes, then said changes shall be at Tenant's sole cost and expense. Notwithstanding the foregoing or anything to the contrary contained herein this Lease, the parties acknowledge and agree that Tenant currently occupies the entire Premises and that no Landlord's Work or Tenant's Work shall be required in connection with the commencement of the Term of this Leaseseparate Agreement.

Appears in 1 contract

Samples: Cooperative Endeavor Agreement

Improvements. Landlord shall, at Landlord's sole cost and expense, complete Landlord's Work which shall be of the specifications, materials, design, finish and color of the standard adopted by Landlord for the Building. Any improvements and other work done make (i) such modifications to the Premises which in as are required by the Americans With Disability Act of 1990 (the "Act") as of the date of this Lease; provided, however, that Tenant shall be responsible for any manner exceedand all modifications required under the Act as the result of Tenant alterations or improvements made as part of Tenant's Work and subsequent to the Tenant's Work, change and (ii) such modifications to the Premises as are required above the ceiling by local and state code; provided, however, that Tenant shall be responsible for (1) all code compliance work below the ceiling of the Premises, other than as specified above with respect to the Act, and (2) any and all modifications required by code as the result of Tenant alterations or improvements made subsequent to Tenant's Work. Landlord's obligations under the preceding sentence are in addition hereinafter referred to as "Landlord's Work". Landlord's Work shall be referred to as "Tenant's Work" and shall be constructed by contractors chosen by Tenant and approved by Landlord, who may be, but shall not necessarily be, the same as Landlord's contractor. All of Landlord's Work shall be completed in substantial accordance with the Plans, as in Exhibit "B". Complete architectural and mechanical plans and specifications ("Landlord's Plans") shall be prepared by the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared provided at Landlord's expensecost, without contribution by Tenant through the Tenant Allowance (as hereinafter defined), Operating Expenses or otherwise, subject to the other provisions of this Paragraph 2. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect at Tenant's expense. Both With the Plans for exception of Landlord's Work and the Plans for Tenant's Work to be provided pursuant to the below provisions of this Paragraph 2, the Premises are hereafter collectively referred leased to Tenant "as "Plans". The Plans shall be consistent with the design, construction and equipment is" without any obligation of the Building and in conformity with its standards and shall show the location and extent Landlord to make improvements or alterations of any excess floor loading, all special requirements for air conditioning, plumbing and electricity and the estimated total electrical loadkind. Tenant's Plans, both before and during construction, are subject to the written approval of Landlord, which consent cannot be unreasonably withheld. All design, construction and installation shall conform to the requirements of any and all authorities having jurisdiction thereof. Tenant shall submit Tenant's Plans within ninety (90) days Promptly after the full execution of this Lease Lease, Landlord shall obtain all permits necessary for construction of the Tenant's Work, and thereafter shall cause Tenant's Work (as hereinafter defined) to be constructed in a good and workmanlike manner, lien free, and in accordance with the plans which have been approved by both partiesLandlord and Tenant and are attached hereto as Exhibit D (the "Approved Plans") and all legal requirements. Landlord shall respond within twenty (20) days of receipt of complete Tenant's Plans. In exercise reasonable efforts to cause the event that Tenant falls to submit such information within said time period, then Landlord shall have the right to proceed as it deems appropriate in Landlord's sole discretion. In the event that any work so done by Landlord thereafter requires changes, then said changes shall be at Tenant's sole cost and expense. Notwithstanding the foregoing or anything to the contrary contained herein this Lease, the parties acknowledge and agree that Tenant currently occupies the entire Premises and that no Landlord's Work or Tenant's Work shall to be required in connection with completed by the commencement of the Term Term, but Landlord shall not be liable for the failure to achieve said date (beyond abatement of this Lease.rent where said abatement is provided for under

Appears in 1 contract

Samples: Lease (Metris Companies Inc)

Improvements. Landlord shallAs used in this Lease, at Landlord's sole cost "Improvements" shall mean any alterations, additions, installations, improvements or changes of any kind to the Premises, including the Tenant Improvement Work, the Renewal Improvements (referenced in Paragraph 38), the Improvements in the Expansion Space (referenced in Paragraph 39), and expense, complete Landlord's Work which the Improvements in the Additional Expansion Space (referenced in Paragraph 40) . No Improvements shall be of the specifications, materials, design, finish and color of the standard adopted by Landlord for the Building. Any improvements and other work done made in or to the Premises without the prior written consent of Landlord, which in any manner exceedconsent shall not be unreasonably withheld, change conditioned or are in addition delayed, provided, however, that after the initial Tenant Improvements Work is constructed and other than the initial Improvements to the Expansion Space and Additional Expansion Space and the refurbishment of the Improvements upon renewal, Tenant shall have the right during the Lease Term, without obtaining Landlord's Work prior written consent, to make minor cosmetic changes (e.g. painting and carpeting) to the Improvements, which changes do not cost more than $7,500 and which do not alter or affect the Building structure or base Building mechanical, electrical and plumbing systems and which do not move partition walls or doors. The provisions of Exhibit B shall be referred apply to as "Tenant's Work" the construction of the initial and any future Improvements. All Improvements shall become the property of Landlord, and shall be constructed by contractors chosen by Tenant and approved by Landlord, who may be, but shall not necessarily be, the same as Landlord's contractor. All of Landlord's Work shall be completed in substantial accordance surrendered with the PlansPremises, as at the expiration or earlier termination of the Lease Term, provided, however, that, if Tenant is not in Exhibit "B". Complete architectural default, Tenant shall have the right to remove, prior to the expiration or earlier termination of the Lease Term, all movable furniture, furnishings and mechanical plans and specifications ("Landlord's Plans") shall be prepared by equipment in the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect Premises solely at Tenant's expense. Both the Plans for Landlord's Work and the Plans for Tenant's Work are hereafter collectively referred to as "Plans". The Plans shall be consistent with the design, construction and equipment of the Building and in conformity with its standards and shall show the location and extent of any excess floor loading, all special requirements for air conditioning, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to the written approval of Landlord, which consent cannot be unreasonably withheld. All design, construction and installation shall conform to the requirements of any and all authorities having jurisdiction thereof. Tenant shall submit Tenant's Plans within ninety (90) days after the execution of this Lease by both parties. Landlord shall respond within twenty (20) days of receipt of complete Tenant's Plans. In the event that Tenant falls to submit such information within said time period, then Landlord shall have the right to proceed as it deems appropriate in repair at Tenant's expense all damage and injury to the Premises caused by such removal or to require Tenant to do the same. If any such furniture, furnishings or equipment is not removed by Tenant prior to the expiration or earlier termination of the Lease Term, then, five (5) days after written notice is delivered to Tenant, the same shall become Landlord's sole discretion. In the event that any work so done by Landlord thereafter requires changes, then said changes property and shall be surrendered with the Premises as a part thereof and Landlord may remove or dispose of such property at Tenant's expense. If any mechanic's lien is filed against the Premises, the Building or the real property of which the Premises are a part for work claimed to have been done for or materials claimed to have been furnished to Tenant, it shall be discharged by Tenant within fifteen (15) days after Tenant's receipt of notice thereof, at Tenant's sole cost and expense, by the payment thereof or by filing any bond required by law. Notwithstanding If Tenant shall fail to discharge any such mechanic's lien as required by this Xxxxxxxxx 00, Xxxxxxxx may, at its option, discharge the foregoing same and the cost thereof shall be Additional Rent due from Tenant with the monthly installment of Base Rent next becoming due; it hereby being expressly agreed that such discharge by Landlord shall not be deemed to waive, or anything to the contrary contained herein this Leaserelease, the parties acknowledge and agree that default of Tenant currently occupies in not discharging the entire Premises and that no Landlord's Work or Tenant's Work shall be required in connection with the commencement of the Term of this Leasesame.

Appears in 1 contract

Samples: Office Lease (Watson Wyatt & Co Holdings)

Improvements. Landlord shall, at Landlord's sole cost and expense, complete Landlord's Work which shall be 5.1 Following the waiver of the specifications, materials, design, finish and color of the standard adopted by Landlord for the Building. Any improvements and other work done to the Premises which in any manner exceed, change or are in addition to Landlord's Work shall be referred to as "all Tenant's Work" and shall be constructed by contractors chosen by Tenant and approved by Landlord, who may be, but shall not necessarily berights to terminate this Lease, the same as Landlord's contractor. All of Landlord's Work shall be completed Tenant agrees to construct on the leased premises a Bank Building with drive through teller service facilities (the "Approved Business") in substantial accordance with the Plans, as in Exhibit "B". Complete architectural and mechanical prototype plans and specifications (the "Landlord's Plans") shall be prepared forwarded to Landlord and incorporated by the architect and/or engineers designated by Landlordreference. The Plans for Landlord's Work shall Approved Business will be prepared at Landlord's expense. The Plans for Tenant's Work constructed pursuant to the construction contract entered into by Tenant with a reputable and bondable general construction contractor ("Tenant's PlansContractor") ); provided, however, if the Contractor shall use union employees on the job it will be prepared by Tenant's architect at Tenant's expense. Both the Plans for Landlord's Work and the Plans for Tenant's Work are hereafter collectively referred to as "Plans". The Plans shall be consistent with the design, construction and equipment of the Building and in conformity with its standards and shall show the location and extent of any excess floor loading, all special requirements for air conditioning, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to the written approval of Landlord. Tenant covenants and agrees to pursue construction of the Approved Business to its completion with all reasonable diligence subject to extension for any event of Force Majeure as provided in Section 4 hereof. The Approved Business shall be constructed in a good and workmanlike manner in compliance with all applicable permits, authorizations, building codes, and all other applicable laws, ordinances, rules and regulations of any governmental authorities having jurisdiction. The Approved Business shall be the building described in the Plans and no material alterations of the height and architectural design of the Approved Business or signage shall be made without the prior written consent of Landlord which consent canshall not be unreasonably withheld. All design, construction and installation shall conform to the requirements of any and all authorities having jurisdiction thereofwithheld or delayed. Tenant shall submit Tenant's Plans within ninety (90) days after have no right, authority, or power to bind Landlord, or any interest of Landlord in the execution leased premises, for any claim for labor or material or for any other charge or expense incurred in the construction of this Lease by both parties. Landlord shall respond within twenty (20) days of receipt of complete Tenant's Plans. In the event that Tenant falls Approved Business or any change, alteration, or addition thereto, or any replacement or substitution therefor, nor to submit such information within said time period, then Landlord shall have render the right to proceed as it deems appropriate in Landlord's sole discretioninterest in the leased premises liable to any lien or right of lien for any labor or material and Tenant shall in no manner be considered as the agent of Landlord in the construction, erection, or operation of the Approved Business or any replacement or substitution therefor. In If any involuntary liens for labor and materials supplied or claimed to have been supplied to the event that any work so done by Landlord thereafter requires changes, then said changes leased premises shall be at Tenant's sole cost and expense. Notwithstanding the foregoing filed, Tenant shall promptly pay or anything bond such liens to the contrary contained herein this Lease, the parties acknowledge and agree that Tenant currently occupies the entire Premises and that no Landlord's Work reasonable satisfaction or Tenant's Work otherwise obtain the release or discharge thereof and Tenant shall be required in connection with indemnify and hold Landlord harmless from the commencement of the Term of this Leasepayment thereof.

Appears in 1 contract

Samples: Ground Lease (Home Bancshares Inc)

Improvements. Landlord shall, at Landlord's sole cost and expense, complete Landlord's Work which shall be None. Tenant accepts the Premises in the condition existing as of the specificationsEffective Date. All other improvements, materials, design, finish alterations and color of the standard adopted by Landlord for the Building. Any improvements and other work done additions to the Premises which in any manner exceed, change or are in addition to Landlord's Work desired by Tenant shall be referred to as "Tenant's Work" and shall be constructed by contractors chosen by Tenant and approved by Landlord, who may be, but shall not necessarily be, the same as Landlord's contractor. All of Landlord's Work shall be completed in substantial accordance with the Plans, as in Exhibit "B". Complete architectural and mechanical plans and specifications ("Landlord's Plans") shall be prepared by the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect made only at Tenant's expense, in good and workmanlike manner and in accordance with plans and specifications which have been previously approved in writing by the Landlord and shall comply with all applicable statues, ordinances, regulations and codes. Both Landlord's approval of the Plans plans, specifications and working drawings for Tenant's alterations and/or Landlord's approval of Tenant's plans for Landlord's Work work shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Landlord reserves the Plans for right to approve Tenant's Work are hereafter collectively referred contractor, and to as "Plans"require adequate lien waivers, bonds, permits, licenses and insurance. The Plans Any and all work performed by Tenant or its contractors shall be consistent with workmen and contractors approved in advance in writing by Landlord and shall be performed in a manner and upon terms and conditions satisfactory to and approved in advance in writing by Landlord. Prior to and at all times during the design, construction and equipment performance of the Building and in conformity with its standards and shall show the location and extent work by any of any excess floor loading, all special requirements for air conditioning, plumbing and electricity and the estimated total electrical load. Tenant's Planscontractors or subcontractors, both before and during construction, are subject Tenant shall require such contractors to the written approval of provide insurance coverage reasonably satisfactory to Landlord, which consent cannot be unreasonably withheld. All design, construction and installation shall conform to the requirements of any and all authorities having jurisdiction thereof. Tenant shall submit require that such contractors' Workers' Compensation Insurance and Commercial General Liability Insurance shall be endorsed specifically to name Landlord, its Affiliates and Agents as Additional Insured parties.. Evidence of such specific endorsements shall be furnished to Landlord prior to commencement of any such work in the Demised Premises. Tenant shall not make any alterations, repair or installation, or perform any other work to or in the Premises unless prior to the commencement thereof Tenant's Plans within ninety contractor shall have furnished to Landlord evidence of public liability and workmen's compensation insurance to cover every contractor to be employed and shall deliver duplicate originals or certificates of the policies to Landlord which certificates shall name Landlord, its agent and property manager as additional insureds. The policies shall be non-cancelable without ten (9010) days after notice to Landlord and shall be carried with companies, and in coverage limits, reasonably satisfactory to Landlord. All improvements and additions made by or for the execution Tenant and permanently attached to the Premises, including without limitation all partitions, carpets, lighting fixtures, doors, hardware, shelves, cabinets and ceilings, shall remain in the Premises and shall be surrendered to Landlord at the Expiration Date or earlier termination of this Lease Lease, unless the Landlord, by both parties. Landlord shall respond within twenty notice given to the Tenant no later than thirty (2030) days prior to the end of receipt of complete Tenant's Plans. In the event that Tenant falls term, shall elect to submit such information within said time period, then Landlord shall have the right to proceed as it deems appropriate in Landlord's sole discretion. In the event that any work so done by Landlord thereafter requires changesTenant remove such alterations, then said changes additions, or improvements, and Tenant shall be thereupon accomplish such removal at Tenant's its sole cost and expense. Notwithstanding the foregoing or anything repair any damage to the contrary contained herein this Lease, the parties acknowledge and agree that Tenant currently occupies the entire Premises and that no Landlord's Work or Tenant's Work shall be required in connection with the commencement of the Term of this Leasecaused by such removal.

Appears in 1 contract

Samples: Agreement (Arotech Corp)

Improvements. Tenant shall improve the Premises in accordance with plans and specifications approved in advance by Landlord shall(the “Plans”), which approval shall not be unreasonably withheld or delayed (such improvements are referred to herein as the (“Improvements”). Tenant shall perform the Improvements at its own cost, subject to the Landlord’s Contribution (hereinafter defined). Tenant shall cause the Plans to be prepared, at Tenant’s cost. Tenant shall cause any plans for any mechanical, electrical and plumbing work to be prepared by Landlord's sole cost ’s engineers. Tenant shall furnish the initial draft of the Plans to Landlord for its review and expense, complete Landlord's Work which approval. Landlord shall within seven (7) days after receipt either provide comments to such Plans or approve the same and Xxxxxxxx’s failure to timely respond shall be of the specifications, materials, design, finish and color of the standard adopted by deemed approval. If Landlord for the Building. Any improvements and other work done provides Tenant with comments to the Premises which in any manner exceed, change or are in addition to Landlord's Work shall be referred to as "Tenant's Work" and shall be constructed by contractors chosen by Tenant and approved by Landlord, who may be, but shall not necessarily be, the same as Landlord's contractor. All initial draft of Landlord's Work shall be completed in substantial accordance with the Plans, as in Exhibit "B"Tenant shall provide revised Plans to Landlord incorporating Landlord’s comments within seven (7) days after receipt of Landlord’s comments. Complete architectural and mechanical plans and specifications Landlord shall within seven ("Landlord's 7) days after receipt then either provide comments to such revised Plans or approve such Plans") . The process described above shall be prepared by repeated, if necessary, until the architect and/or engineers designated Plans have been finally approved by Landlord. The Plans for Landlord's Work Improvements shall be prepared at performed by a contractor (the “Contractor”) reasonably acceptable to Landlord's expense, which approval shall not be unreasonably withheld or delayed. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect at Tenant's expense. Both Tenant hereby agrees that the Plans for Landlord's Work the Improvements shall comply with all applicable laws and regulations. Xxxxxxxx’s approval of any of the Plans for Tenant's Work are hereafter collectively referred (or any modifications or changes thereto) shall not impose upon Landlord or its agents or representatives any obligation with respect to as "Plans"the design of the Improvements or the compliance of such Improvements or the Plans with applicable laws and regulations. The Plans All Improvements shall be consistent constructed in a good and workmanlike manner, and only good grades of material shall be used. All Improvements shall be performed in such a fashion and by such means as necessary to maintain a professional work environment in the areas surrounding the space to be improved. Tenant shall only use labor that will work in peace and harmony with other contractors and workers serving the design, construction and equipment Building in constructing the Improvements. Tenant shall avoid actions which interfere with or delay the activities of other contractors serving the Building and in conformity with its standards and shall show the location and extent of any excess floor loading, all special requirements for air conditioning, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to the written approval of Landlord, which consent cannot be unreasonably withheld. All design, construction and installation shall conform to the requirements of any and all authorities having jurisdiction thereofother tenants. Tenant shall submit Tenant's Plans within ninety (90) days after the execution of this Lease by both parties. permit Landlord shall respond within twenty (20) days of receipt of complete Tenant's Plans. In the event that Tenant falls to submit such information within said time period, then Landlord shall have the right to proceed as it deems appropriate in Landlord's sole discretion. In the event that any work so done by Landlord thereafter requires changes, then said changes shall be at Tenant's sole cost observe and expense. Notwithstanding the foregoing or anything to the contrary contained herein this Lease, the parties acknowledge and agree that Tenant currently occupies the entire Premises and that no Landlord's Work or Tenant's Work shall be required in connection with the commencement of the Term of this Leasemonitor all Improvements.

Appears in 1 contract

Samples: Affirmative Insurance Holdings Inc

Improvements. Landlord shall, at Landlord's sole cost and expense, complete Landlord's Work which shall be of the specifications, materials, design, finish and color of the standard adopted by Landlord Except for the Building. Any initial improvements and other work done to the Premises which in any manner exceedpursuant to Exhibits F and G, change or are in addition to Landlord's Work shall be referred to as "Tenant's Work" and shall be constructed by contractors chosen by Tenant and approved by Landlord, who may be, but shall not necessarily be, the same as Landlord's contractor. All of Landlord's Work shall be completed in substantial accordance with the Plans, as in Exhibit "B". Complete architectural and mechanical plans and specifications ("Landlord's Plans") shall be prepared by the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect at Tenant's sole expense. Both the Plans for Landlord's Work and the Plans for Tenant's Work are hereafter collectively referred to as "Plans". The Plans shall be consistent , may make, with the design, construction and equipment of the Building and in conformity with its standards and shall show the location and extent of any excess floor loading, all special requirements for air conditioning, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to the written approval consent of Landlord, which consent cannot be unreasonably withheld. All design, construction non-structural alterations and installation shall conform improvements to the requirements interior of any the Premises and all authorities having jurisdiction thereofshall retain title to anything it may place or install in the Premises, including, without limitation, drapes, furniture, counters, shelving, fixtures, work stations, removable partitions, equipment or business machines. Tenant shall submit Tenant's Plans within ninety (90) days after give notice to Landlord of all proposed alterations and improvements to the execution interior of this Lease by both parties. Landlord shall respond within the Premises at least twenty (20) days prior to the commencement of any such work for Landlord's review and comments, which approval shall not be unreasonably withheld or delayed. If Landlord fails to consent or otherwise comment to Tenant within fifteen (15) days after receipt of complete Tenant's Planscomplete plans and specifications, Tenant may proceed with such work as if Landlord had consented. In the event that All such work by Tenant falls to submit such information within said time period, then Landlord shall have the right to proceed as it deems appropriate in Landlord's sole discretion. In the event that any work so done by Landlord thereafter requires changes, then said changes shall be performed in a good and workmanlike manner and in accordance with all applicable codes and regulations. Except as otherwise provided elsewhere in this Lease, at the expiration or termination of this Lease as herein provided, Tenant may remove all such improvements, excluding permanent Leasehold improvements, fixtures, and wiring, piping, etc., installed and paid for by Tenant in accordance with this Lease, and deliver the Premises to Landlord in as near as reasonably possible to the condition as of the date of possession, except for ordinary wear and tear. Any improvements or alterations (see Section 30, for example) by Tenant not in the Premises shall be removed by Tenant, and the Buildings shall likewise be repaired. If Tenant leaves any such removable items on the Premises after termination of its occupancy without the written consent of Landlord, they shall at the option of Landlord become the property of the Landlord, or Landlord may cause such items to be removed, at Tenant's sole cost and expense. Notwithstanding the foregoing or anything to the contrary contained herein this Lease, the parties acknowledge and agree that Tenant currently occupies the entire Premises and that no Landlord's Work or Tenant's Work shall be required in connection with the commencement of the Term of this Lease.

Appears in 1 contract

Samples: Lease Modification Agreement (Acc Corp)

Improvements. Landlord shallALTERATIONS. Improvements to the Premises shall be installed at the expense of Tenant only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. After the initial Tenant improvements are made, at no alterations or physical additions in or to the Premises may be made without Landlord's sole cost prior written consent. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises without the prior written consent of Landlord. All alterations, additions, or improvements (whether temporary or permanent in character, and expenseincluding without limitation all air-conditioning equipment and all other equipment that is in any manner connected to the Building's plumbing system) made in or upon the Premises, complete either by Landlord or Tenant, shall be Landlord's Work property at the end of the Term and shall remain on the premises without compensation to Tenant. Approval by Landlord of any of Tenant's drawings and plans and specifications prepared in connection with any improvements in the Premises shall not constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications, or the improvements to which they relate, for any use, purpose, or condition, but such approval shall merely be the consent of Landlord as required hereunder. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for the cost of all work within the Premises required to comply with the retrofit requirements of the specificationsAmericans with Disabilities Act of 1990, materialsand all rules, designregulations, finish and color guidelines promulgated thereunder, as the same may be amended from time to time (the "ADA"), necessitated by any installations, additions, or alterations made in or to the Premises at the request of or by Tenant or by Tenant's use of the standard adopted Premises (other than retrofit work whose cost has been particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant), and Landlord shall be responsible for the cost of all work required to comply with the ADA in connection with other areas of the Building. Any improvements Notwithstanding the foregoing, all moveable partitions, cubical furniture and other work done de-mountable wall systems are to the Premises which in any manner exceed, change or are in addition to Landlord's Work shall be referred to as "Tenant's Work" and shall be constructed by contractors chosen by Tenant and approved by Landlord, who may be, but shall not necessarily be, the same as Landlord's contractor. All of Landlord's Work shall be completed in substantial accordance with the Plans, as in Exhibit "B". Complete architectural and mechanical plans and specifications ("Landlord's Plans") shall be prepared by the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect at Tenant's expense. Both the Plans for Landlord's Work and the Plans for Tenant's Work are hereafter collectively referred to as "Plans". The Plans shall be consistent with the design, construction and equipment considered personal property of the Tenant (similar to furniture) and may be erected, moved, re-configured and removed, including minor electrical connections, without consent from Landlord provided that the Building and in conformity with is returned to its standards and shall show the location and extent of any excess floor loading, all special requirements for air conditioning, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to the written approval of Landlord, which consent cannot be unreasonably withheld. All design, construction and installation shall conform to the requirements of any and all authorities having jurisdiction thereof. Tenant shall submit Tenant's Plans within ninety (90) days original or otherwise satisfactory condition after the execution of this Lease by both parties. Landlord shall respond within twenty (20) days of receipt of complete Tenant's Plans. In the event that Tenant falls to submit such information within said time period, then Landlord shall have the right to proceed as it deems appropriate in Landlord's sole discretion. In the event that any work so done by Landlord thereafter requires changes, then said changes shall be at Tenant's sole cost and expense. Notwithstanding the foregoing or anything to the contrary contained herein this Lease, the parties acknowledge and agree that Tenant currently occupies the entire Premises and that no Landlord's Work or Tenant's Work shall be required in connection with the commencement of the Term of this Leaseremoval.

Appears in 1 contract

Samples: Lease Agreement (Silicon Laboratories Inc)

Improvements. Landlord shallwill, at Landlord's its sole cost expense and expenseusing contractors of its choice, complete Landlord's Work which shall be of the specifications, materials, design, finish and color of the standard adopted by Landlord for the Building. Any make improvements and other work done ("Improvements") to the Premises which as specified in any manner exceedExhibit C attached hereto and incorporated herein by this reference. On or before June 1. 2000, change or are in addition Tenant shall deliver to Landlord, for Landlord's Work approval, its final construction drawings and specifications plans with detailed listing of finish materials, all of which have been approved by Tenant and all of which shall have been prepared by Landlord's Architect (Architopia). Tenant agrees to provide its written comments to Landlord within five (5) days from receipt of said draft construction documents and three (3) days following the receipt of any revision to the construction documents. Notwithstanding anything in this Lease to the contrary, if Tenant fails to provide Landlord with such final construction documents and specifications plans and finish materials approved by Tenant on or before June 1. 2000, or if Tenant changes any of the construction documents and specifications or finish materials subsequent to such date or if Tenant fails to provide Landlord within the time periods specified above, with its approval of the construction documents or if Tenant makes changes to the construction documents after such timeframes specified above, or if Tenant should delay Landlord's contractor from timely completing the construction of the Improvements, then the Commencement Date shall be the Anticipated Completion Date as hereinafter set forth, or the date of Landlord's notification to Tenant of Substantial Completion (as hereinafter defined) of the Improvements, or the date on which Tenant takes possession of the Premises, whichever shall first occur. Upon Landlord's approval (which shall not be unreasonably withheld or delayed) of such final construction documents and specifications including finish materials approved by Tenant, Landlord shall cause Landlord's contractor to diligently undertake to construct the Improvements in accordance with such final plans, specifications and finish materials as approved by Landlord and Tenant (collectively referred to as "Tenant's Work" and Final Plans"). All such construction shall be constructed by contractors chosen by Tenant performed with due diligence and approved by Landlord, who may be, but shall not necessarily be, the same as Landlord's contractor. All of Landlord's Work shall be completed in substantial accordance with the Final Plans. Landlord agrees to use all commercially reasonable efforts to substantially complete the Improvements by March 1, as in Exhibit "B". Complete architectural and mechanical plans and specifications 2001 ("Anticipated Completion Date"), but without any warranty as to when such Improvements shall be substantially completed. Landlord's Plans"obligation to construct the Improvements is specifically subject to any changes or other requirements of or imposed by all applicable governmental body(ies), agency(ies) and/or utility(ies); Landlord shall be prepared by notify Tenant of any such changes and/or requirements promptly after Landlord becomes aware of the architect and/or engineers designated by Landlordsame. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect at Tenant's expense. Both Any improvements to the Plans for Landlord's Work and Premises not expressly shown or stated in the Plans for Tenant's Work are hereafter collectively referred to as "Plans". The Final Plans shall be consistent with the design, construction and equipment of the Building and in conformity with its standards and shall show the location and extent of any excess floor loading, all special requirements for air conditioning, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to the written approval of Landlord, which consent cannot be unreasonably withheld. All design, construction and installation shall conform to the requirements of any and all authorities having jurisdiction thereof. Tenant shall submit Tenant's Plans within ninety (90) days after the execution of this Lease by both parties. Landlord shall respond within twenty (20) days of receipt of complete Tenant's Plans. In the event that Tenant falls to submit such information within said time period, then Landlord shall have the right to proceed as it deems appropriate in Landlord's sole discretion. In the event that any work so done made by Landlord thereafter requires changes, then said changes shall be on behalf of Tenant at Tenant's sole cost and expense. Notwithstanding the foregoing or expense in accordance with Paragraph 11 of this Lease; provided, however, that notwithstanding anything in this Lease to the contrary contained herein contrary, any delay in Landlord's construction of the Improvements caused in whole or in part by Tenant including, but not limited to, delays caused by additional improvements made or any changes requested by Tenant, shall not delay the Commencement Date of this Lease, and Substantial Completion, as hereinafter defined, for purposes of determining the parties acknowledge and agree that Tenant currently occupies the entire Premises and that no Landlord's Work or Tenant's Work shall be required in connection with the commencement of the Term Commencement Date of this Lease, shall be at such time as the Improvements would have been Substantially Complete absent such additional improvements made or changes requested by Tenant. The Landlord's Architect shall determine this date of Substantial Completion by giving written notice thereof to Landlord and Tenant, which notice shall be deemed a part of this Lease, Landlord and Tenant agree to accept such date as determined by Landlord's Architect. Landlord will allow Tenant to have access to the Premises beginning seven (7) days in advance of the estimated date for Substantial Completion in order for Tenant to perform Tenant's fit-up work, provided that neither Tenant nor its vendors shall interfere with or delay the performance of work by Landlord's contractors, vendors, inspectors and the like. It is understood that the Final Plans and the exact location of doors, walks, lighting, plumbing and all other facilities and improvements are subject to such minor changes (for example: Schlage lock set can be replaced with like kind alternate) as Landlord, or Landlord's architect or general contractor in charge of the construction of the Improvements, determine to be necessary desirable in the course of construction of or to the Premises, and no such changes shall affect this Lease or constitute a breach by Landlord hereunder. Landlord agrees to not materially deviate from the Final Plans without Tenant's consent, which consent shall not be unreasonably withheld or delayed.

Appears in 1 contract

Samples: Office Lease (Niku Corp)

Improvements. Landlord shallLessor has established or may establish specifications for certain Building standard components to be used in the construction of the “Improvements” (as that term is defined below) in the Premises. The quality of the Improvements shall be materially consistent with the quality of such Building standards, provided that Lessor may, at Landlord's sole cost and expenseLessor’s option, complete Landlord's Work require the Improvements to comply with certain Building standards. Lessor may make changes to said specifications for Building standards from time to time, which changes shall only be of the specifications, materials, design, finish and color of the standard adopted by Landlord for the Building. Any improvements and other work done applicable to the Premises which in any manner exceed, change or are in addition to Landlord's Work shall be referred to as "Tenant's Work" and shall be constructed by contractors chosen by Tenant and approved by Landlord, who may be, but shall not necessarily be, after the same as Landlord's contractor. All of Landlord's Work shall be completed in substantial accordance with the Plans, as in Exhibit "B". Complete architectural and mechanical plans and specifications ("Landlord's Plans") shall be prepared by the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect at Tenant's expense. Both the Plans for Landlord's Work and the Plans for Tenant's Work are hereafter collectively referred to as "Plans". The Plans shall be consistent with the design, construction and equipment completion of the Improvements. Using Building standard materials, components and finishes, in conformity with its standards a good and workmanlike manner, Lessor shall show cause the location installation and/or construction of the improvements in the Premises (the “Improvements”) pursuant to that certain space plan and extent basis of design attached to this Second Amendment as Exhibit B (the “Space Plan”). Lessee shall make no changes, additions or modifications to the Improvements or the Space Plan or require the installation of any excess floor loading“Non-Conforming Improvements” (as that term is defined in Article 2 of this Work Letter), all special requirements for air conditioning, plumbing and electricity and without the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to the prior written approval consent of LandlordLessor, which consent cannot may be unreasonably withheld. All design, construction and installation shall conform withheld in Lessor’s sole discretion if such change or modification would directly or indirectly delay the substantial completion of the Improvements or impose any additional costs (unless Lessee agrees to the requirements of any and all authorities having jurisdiction thereof. Tenant shall submit Tenant's Plans within ninety (90) days after the execution of this Lease by both parties. Landlord shall respond within twenty (20) days of receipt of complete Tenant's Plans. In the event that Tenant falls to submit bear such information within said time period, then Landlord shall have the right to proceed as it deems appropriate in Landlord's sole discretion. In the event that any work so done by Landlord thereafter requires changes, then said changes shall be at Tenant's sole cost and expenseadditional costs). Notwithstanding the foregoing or anything any contrary provision of this Second Amendment, all Improvements shall be deemed Lessor’s property under the terms of the Lease (as amended) and Lessee shall neither be required to remove the Improvements nor any other Alterations or Utility Installations that are currently within the Premises at the expiration or earlier termination of the Lease. In addition, to the contrary contained herein this Lease, the parties acknowledge and agree extent that Tenant currently occupies the entire Premises and that no Landlord's Work or Tenant's Work shall be any code compliance upgrades are required in connection the Premises or Common Areas in order to allow Lessee to obtain a certificate of occupancy, or its legal equivalent, for the Premises for research and development and related laboratory, office, and administrative uses assuming normal and customary office occupancy density, Lessor, at Lessor’s sole cost and expense (i.e., not to be included in Operating Expenses) shall cause the Common Areas and the Premises to comply with the commencement applicable building codes and other governmental laws and ordinances, and regulations related to handicap access, which were enacted and enforced as of the Term date of this LeaseSecond Amendment.

Appears in 1 contract

Samples: Constellation Alpha Capital Corp.

Improvements. Landlord shall, at Landlord's sole cost and expense, complete Landlord's Work which shall The improvements to be of the specifications, materials, design, finish and color of the standard adopted constructed by Landlord for the Building. Any improvements and other work done to the Premises which in any manner exceed, change or are in addition to Landlord's Work shall be referred to as "Tenant's Work" and shall be constructed by contractors chosen by Tenant and approved by Landlord, who may be, but shall not necessarily be, use in the same as Landlord's contractor. All of Landlord's Work shall be completed Promises are set forth in substantial accordance with detail on the Plans, as in attached Exhibit "BC". Complete architectural and mechanical plans and specifications ("Landlord's Plans") shall be prepared by the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect at Tenant's expense. Both the Plans for Landlord's Work and the Plans for Tenant's Work are hereafter collectively referred to as "Plans". The Plans shall be consistent with the design, construction and equipment of the Building and in conformity with its standards and shall show the location and extent of any excess floor loading, all special requirements for air conditioning, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to the written approval of Landlord, which consent cannot be unreasonably withheld. All design, construction and installation shall conform to the requirements of any and all authorities having jurisdiction thereof. Tenant shall submit Tenant's Plans within ninety (90) days after the execution of this Lease by both parties. Landlord shall respond within twenty (20) days of receipt of complete Tenant's Plans. In the event that of changes to any of the work set forth in Exhibit "C" (whether such changes are required by any public agency, or by reason of any error or omission in plans because of information provided to Landlord by Tenant, or because requested in writing by Tenant falls and accepted in writing by Landlord), Tenant shall pay to submit such information within said time period, then Landlord shall have the right to proceed as it deems appropriate in Landlord's sole discretion. In the event that any costs related to such changes before work so done by Landlord thereafter requires in regard to such changes is commenced; provided, however, in no ever, shall Landlord's failure to demand such payment before commencement of work in regard to such changes, then said changes shall be at Tenant's sole cost and expense. Notwithstanding the foregoing or anything to the contrary contained herein this Lease, the parties acknowledge and agree that Tenant currently occupies the entire Premises and that no Landlord's Work or Tenant's Work failure to pay for the same before commencement of work in regard to such changes, be deemed to be a waiver of Landlord's right to require or enforce collection of such payment for changes at any time thereafter. Landlord's costs related to the changes shall include, without limitation, all architectural, contractor and engineering expenses, and the cost of all building and other permits, and inspection fees. Tenant acknowledges that Landlord or a person or entity related to and/or controlled by Landlord may serve as Landlord's architect, engineer and/or contractor in regard to the above-described work and, in the event of any changes, Landlord's costs shall be deemed to include architect, engineering and/or contractor expenses at the rates charged to third parties by Landlord and/or such related person or entity for such services, when performed independently of any lease agreement. Since any construction work performed on the Premises by Tenant prior to substantial completion of the work required in connection of Landlord pursuant to this Paragraph 2.2 may interfere with the commencement work required of Landlord or with Landlord's ability to obtain a Certificate of Completion therefor, any such work by Tenant shall be subject to the Term provisions of this LeaseParagraph 12.1 hereof, and Landlord may in its sole discretion withhold its consent to any such work by Tenant.

Appears in 1 contract

Samples: That Certain Lease Agreement (Nhancement Technologies Inc)

Improvements. Landlord shallAs soon as reasonably practicable after execution of this Lease, at Landlord's sole Lessor shall commence the Improvements described in the Work Letter, Exhibit X. Xxxxxx shall make all Improvements in the Work Letter, the cost allocation of which is as set forth in Exhibit B, using properly licensed, insured and expensebonded contractors, complete Landlord's Work which in accordance with plans and specifications approved by the Charter School, PSFA, and all other required governmental authorities. The Improvements shall be of based on the specificationsPlans and Specifications which are designed and constructed to meet all requirements for Educational Occupancy (“E-Occupancy”) in the International Building Code, materials, design, finish and color of the standard adopted by Landlord for the Buildingto meet all applicable Statewide Adequacy Requirements. Any improvements and other work done to the Premises which in any manner exceed, change or are in addition to Landlord's Work shall be referred to as "Tenant's Work" and The Improvements shall be constructed by contractors chosen the date set forth on Exhibit B, ready for certification for Charter School’s occupancy by Tenant all required authorities. Upon completion of the Improvements and approved by Landlord, who may be, but shall not necessarily beissuance of a Certificate of Occupancy, the same as Landlord's contractor. All Charter School shall take possession of Landlord's Work the Improvements and all construction warranties shall be completed in substantial accordance with the Plans, as in Exhibit "B". Complete architectural and mechanical plans and specifications ("Landlord's Plans") shall be prepared by the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect at Tenant's expense. Both the Plans for Landlord's Work and the Plans for Tenant's Work are hereafter collectively referred to as "Plans". The Plans shall be consistent with the design, construction and equipment of the Building and in conformity with its standards and shall show the location and extent of any excess floor loading, all special requirements for air conditioning, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during construction, are subject assigned to the written approval of LandlordCharter School. XXXXXX ACKNOWLEDGES AND AGREES THAT THE PLANS AND SPECIFICATIONS WILL BE PREPARED JOINTLY WITH XXXXXX, which consent cannot be unreasonably withheldAND THAT IT HAS BEEN AFFORDED THE FULL OPPORTUNITY TO COMMENT ON AND APPROVE THE PLANS AND SPECIFICATIONS. All designWITH REGARD TO THE IMPROVEMENTS DESCRIBED IN EXHIBIT B AND CONSTRUCTED BY LESSOR, construction and installation shall conform to the requirements of any and all authorities having jurisdiction thereof. Tenant shall submit Tenant's Plans within ninety LESSEE WAIVES ITS RIGHT TO RECOVER FROM, AND FOREVER RELEASES AND DISCHARGES THE LESSOR PARTIES (90DEFINED BELOW) days after the execution of this Lease by both parties. Landlord shall respond within twenty FROM ANY AND ALL CLAIMS (20DEFINED BELOW) days of receipt of complete Tenant's Plans. In the event that Tenant falls to submit such information within said time periodTHAT MAY ARISE ON ACCOUNT OF OR IN ANY WAY BE CONNECTED WITH THE CONSTRUCTION OF THE BUILDING OR IMPROVEMENTS IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS, then Landlord shall have the right to proceed as it deems appropriate in Landlord's sole discretion. In the event that any work so done by Landlord thereafter requires changesINCLUDING, then said changes shall be at Tenant's sole cost and expense. Notwithstanding the foregoing or anything to the contrary contained herein this LeaseBY WAY OF EXAMPLE ONLY AND WITHOUT LIMITATION, the parties acknowledge and agree that Tenant currently occupies the entire Premises and that no Landlord's Work or Tenant's Work shall be required in connection with the commencement of the Term of this Lease.THAT THE BUILDING, IMPROVEMENTS OR PROPERTY OR ANY PART THEREOF (A) IS NOT IN COMPLIANCE WITH ANY RULE OR REGULATION IMPOSED BY THE PSFA AT THE TIME OF CONSTRUCTION, (B) DOES NOT MEET EDUCATIONAL OCCUPANCY REQUIREMENTS OF THE GOVERNMENTAL AUTHORITIES WITH JURISDICTION AND THE STATEWIDE ADEQUACY STANDARDS FOR NEW MEXICO PUBLIC SCHOOLS AS CONTEMPLATED BY NMSA 1978, §22-8B-4.2(D)(2), AT THE TIME OF CONSTRUCTION (C) DOES NOT MEET ALL E-OCCUPANCY REQUIREMENTS OR

Appears in 1 contract

Samples: Lease Agreement

Improvements. (a) Tenant is already occupying the Premises and accepts the same in its “as-is” condition for the Extension Term, except as expressly provided herein and subject to the terms and conditions of the Lease, including but not limited to the parties’ maintenance, repair and replacement obligations under the Lease. Landlord will, at its sole cost and expense (except as set forth below and without regard to estimated costs set forth on Exhibit “C” or “D”), which costs and expenses shall include all costs for architectural and engineering planning and documents, complete construction of the Premises in accordance with Space Plan 1 (showing new construction), Space Plan 2 (showing demolition work), the Scope of Work, Xxxxxx’x Mechanical HVAC Equipment Survey, and Fiberplus Quote for Richmond Location Access Control, attached hereto as Exhibits “A”, “A-1,” “B,” “C” and “D” respectively and incorporated herein by this reference (collectively, the “Improvements”). As set forth in the Scope of Work, Landlord shall, at Landlord's its sole cost and expenseexpense (except as set forth below and without regard to estimated costs set forth on Exhibit “C” or “D”), complete Landlord's Work which replace the HVAC units identified as Unit Numbers 31, 32, and 35 with similarly sized comparable units and perform all work associated with the installation of data, telephone and security systems serving the Premises. Notwithstanding any provision of this Amendment to the contrary, if Tenant requests any changes to the Space Plans, the Scope of Work, the approved drawings and specifications or any additional work (the “Tenant Changes”), Tenant must present Landlord with revised drawings and specifications. As a condition of its approval, Landlord shall require that Tenant pay for the cost of the Tenant Changes. If Landlord approves the Tenant Changes, Landlord will incorporate such changes in the Improvements. The cost of the Tenant Changes shall be of the specifications, materials, design, finish and color of the standard adopted by Landlord for the Building. Any improvements and other work done to the Premises which in any manner exceed, change or are in addition to Landlord's Work shall be referred to as "Tenant's Work" deemed additional rent and shall be constructed by contractors chosen paid by Tenant and approved by Landlord, who may be, but shall not necessarily be, the same as Landlord's contractor. All of Landlord's Work shall be completed in substantial accordance with the Plans, as in Exhibit "B". Complete architectural and mechanical plans and specifications to Landlord within ten ("Landlord's Plans") shall be prepared by the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect at Tenant's expense. Both the Plans for Landlord's Work and the Plans for Tenant's Work are hereafter collectively referred to as "Plans". The Plans shall be consistent with the design, construction and equipment of the Building and in conformity with its standards and shall show the location and extent of any excess floor loading, all special requirements for air conditioning, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to the written approval of Landlord, which consent cannot be unreasonably withheld. All design, construction and installation shall conform to the requirements of any and all authorities having jurisdiction thereof. Tenant shall submit Tenant's Plans within ninety (9010) days after following receipt or refusal of an invoice from Landlord regarding the execution of this Lease by both parties. Landlord shall respond within twenty (20) days of receipt of complete Tenant's Plans. In the event that Tenant falls to submit such information within said time period, then Landlord shall have the right to proceed as it deems appropriate in Landlord's sole discretion. In the event that any work so done by Landlord thereafter requires changes, then said changes shall be at Tenant's sole cost and expense. Notwithstanding the foregoing or anything to the contrary contained herein this Lease, the parties acknowledge and agree that Tenant currently occupies the entire Premises and that no Landlord's Work or Tenant's Work shall be required in connection with the commencement of the Term of this Leasesame.

Appears in 1 contract

Samples: Lease (TopBuild Corp)

Improvements. Tenant shall pay the Plan Review Fee to Landlord shall, at in connection with Landlord's sole review of Tenant's Plans for Improvements (including the initial construction of the Premises). The Plan Review Fee shall be payable concurrently with Tenant's submittal of Tenant's Plans to Landlord. The "Plan Review Fee" shall initially be an amount equal to Two Thousand Five Hundred Dollars ($2,500) and shall be increased in accordance with the CPI Adjustment Procedures. The Base Month shall be the month in which the Rent Commencement Date occurs; the Month of Adjustment shall be the month in which the anniversary of the Rent Commencement Date occurs during each year of the Lease Term thereafter. Tenant shall certify to Landlord Tenant's actual cost and expense, complete of constructing its Improvements within thirty (30) days after Landlord's Work which shall be request therefor. After the initial construction of the specificationsPremises by Tenant, materials, design, finish and color of the standard adopted by Landlord for the Building. Any improvements and other work done Tenant shall not make further Improvements to the Premises which in any manner exceed, change or are in addition to without Landlord's Work shall be referred to as "Tenant's Work" and shall be constructed by contractors chosen by Tenant and approved by Landlord, who may be, but shall not necessarily be, the same as Landlord's contractor. All of Landlord's Work shall be completed in substantial accordance with the Plans, as in Exhibit "B". Complete architectural and mechanical plans and specifications ("Landlord's Plans") shall be prepared by the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect at Tenant's expense. Both the Plans for Landlord's Work and the Plans for Tenant's Work are hereafter collectively referred to as "Plans". The Plans shall be consistent with the design, construction and equipment of the Building and in conformity with its standards and shall show the location and extent of any excess floor loading, all special requirements for air conditioning, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to the written approval of Landlordprior consent, which consent cannot may be unreasonably withheld. All design, construction and installation shall conform to the requirements of any and all authorities having jurisdiction thereof. Tenant shall submit Tenant's Plans within ninety (90) days after the execution of this Lease by both parties. Landlord shall respond within twenty (20) days of receipt of complete Tenant's Plans. In the event that Tenant falls to submit such information within said time period, then Landlord shall have the right to proceed as it deems appropriate withheld in Landlord's sole discretiondiscretion with respect to Improvements to the mechanical or electrical systems, to the exterior walls or roof of the Premises, or to any storefront or area of the Premises within three feet (3') of the storefront; the addition of any mezzanine or Improvements that increase the size of any existing mezzanine; and any penetration into or through the roof, ceiling or floor of the Premises (collectively, "RESTRICTED ALTERATIONS"). In the event that any work so done by Landlord thereafter requires changesTenant may, then said changes shall be at Tenant's sole cost and expense. Notwithstanding the foregoing or anything , and after giving Landlord notice of Tenant's intention to do so, which notice shall be provided at least ten (10) business days prior to Tenant's commencement of such work, make non-structural alterations, additions, improvements, and changes to the contrary contained interior of the Premises, such as installing or replacing flooring, trade fixtures, paint or other decorations (collectively referred to herein as "COSMETIC ALTERATIONS") but not Restricted Alterations, as Tenant may find necessary or convenient for Tenant's purposes. Tenant may, at Tenant's sole cost and expense, after giving Landlord notice of Tenant's intention to do so, which notice shall be provided at least ten (10) business days prior to Tenant's commencement of such work, make alterations, additions, improvements, and changes (collectively referred to herein as "MATERIAL ALTERATIONS"; as used in this Lease, Cosmetic Alterations and Material Alterations are referred to herein as "ALTERATIONS") in and to the parties acknowledge interior of the Premises (except Restricted Alterations) as Tenant may find necessary or convenient for Tenant's purposes. In no event may Alterations costing in excess of Fifty Thousand Dollars ($50,000.00) be made without first procuring the prior written consent of Landlord. All Alterations to the Premises by Tenant after the initial construction of the Premises shall be subject to the terms and agree that Tenant currently occupies conditions for the entire Premises and that no Landlord's Work or performance of Tenant's Work as set forth in EXHIBIT C. In the event Landlord establishes a blade sign program at any time during the Lease Term, upon notice from Landlord, Tenant, at its sole cost and expense, shall be required either (i) purchase and install a blade sign on its storefront in connection compliance with Landlord's criteria for such signs and in accordance with plans approved by Landlord, or (ii) reimburse Landlord for Landlord's cost to purchase and install a blade sign on the commencement storefront of the Term of this LeasePremises.

Appears in 1 contract

Samples: Lease Agreement (uWink, Inc.)

Improvements. Landlord shallSublessee acknowledges that it is renting the Premises in an "as is" condition and shall provide all improvements that it deems necessary or desirable, at Landlord's sole cost and expenseprovided, complete Landlord's Work which however, that no material improvements shall be of the specifications, materials, design, finish and color of the standard adopted by Landlord for the Building. Any improvements and other work done made to the Premises which in any manner exceed, change or are in addition to Landlordwithout Sublessor's Work shall be referred to as "Tenant's Work" and shall be constructed by contractors chosen by Tenant and approved by Landlord, who may be, but shall not necessarily be, the same as Landlord's contractor. All of Landlord's Work shall be completed in substantial accordance with the Plans, as in Exhibit "B". Complete architectural and mechanical plans and specifications ("Landlord's Plans") shall be prepared by the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect at Tenant's expense. Both the Plans for Landlord's Work and the Plans for Tenant's Work are hereafter collectively referred to as "Plans". The Plans shall be consistent with the design, construction and equipment of the Building and in conformity with its standards and shall show the location and extent of any excess floor loading, all special requirements for air conditioning, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to the prior written approval of Landlord, which consent cannot be unreasonably withheld. All design, construction and installation shall conform to the requirements of any and all authorities having jurisdiction thereof. Tenant shall submit Tenant's Plans within ninety (90) days after the execution of this Lease by both parties. Landlord shall respond within twenty (20) days of receipt of complete Tenant's Plansconsent. In the event Sublessee desires to make a material improvement, Sublessee shall submit a plan to Sublessor outlining such proposed change at least thirty (30) days prior to any proposed construction. If said plans are acceptable to the Sublessor, written consent will be given to the Sublessee. Any permission given by the Sublessor to make structural changes or alterations shall be on the condition that Tenant falls to submit such information within said time period, then Landlord shall have the right to proceed as it deems appropriate in Landlord's sole discretion. In the event that any work so done by Landlord thereafter requires changes, then said changes shall be at TenantSublessee's sole cost expense, unless otherwise agreed in writing, and expense. Notwithstanding the foregoing or anything to the contrary contained herein this Lease, the parties acknowledge and agree that Tenant currently occupies the entire Premises and that no Landlord's Work or Tenant's Work shall be required in connection accordance with the commencement building code and zoning laws of the Lexington Metro. All necessary approvals, consents, and licenses necessary to perform the proposed improvements shall be the responsibility of the Sublessee, performed at the cost of the Sublessee; and shall be performed by licensed contractors. All additions, fixtures and improvements upon said Premises by the Sublessee shall thereafter be the property of the Sublessor. Sublessee may, at any time during the Term of this LeaseSublease or at its termination, sever and remove all of its mechanical equipment and other personal property owned by it or placed on Premises by Sublessee during the Term of this Sublease, provided, that (i) such removal shall be done so as not to cause damage to the Premises, and (ii) at such time all rental payments due to Sublessor are paid in full. Sublessee shall repair, at Sublessee's expense, any damages to the Premises caused by such removal.

Appears in 1 contract

Samples: Sub Lease (Industrial Services of America Inc /Fl)

Improvements. Landlord shall, at Landlord's sole cost and expense, complete Landlord's Work which shall be use reasonable diligence to deliver possession of the specificationsDemised Premises ready for Tenant’s occupancy on the Commencement Date subject, materialshowever, designto the terms, finish conditions and color of covenants set forth in the standard adopted work letter (“Work Letter”) attached hereto as Exhibit “B” and made a part thereof (the facilities, material and work, if any, to be furnished, installed and performed in the Demised Premises by Landlord for at its expense under the Building. Any improvements terms of Exhibit “B” are hereinafter and other work done to the Premises which in any manner exceed, change or are in addition to Landlord's Work shall be Exhibit “B” referred to as "Tenant's “Landlord’s Work" and shall be constructed by contractors chosen by Tenant and approved by Landlord, who may be, but shall not necessarily be, the same as Landlord's contractor. All of Landlord's Work shall be completed in substantial accordance with the Plans, as in Exhibit "B". Complete architectural and mechanical plans and specifications ("Landlord's Plans") shall be prepared by the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect at Tenant's expense. Both the Plans for Landlord's Work and the Plans for Tenant's improvements being installed pursuant to the Work are hereafter collectively Letter being referred to as "Plans"the “Tenant Improvements”). The Plans shall Such other installations, materials and work, if any, as may be consistent with undertaken by or for the designaccount of Tenant to complete, construction equip, decorate and equipment of furnish the Building Demised Premises for Tenant’s occupancy, are hereinafter and in conformity with its standards and shall show the location and extent of any excess floor loadingExhibit “B” referred to as “Tenant’s Work”). Improvements, all special requirements for air conditioningif any, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to be made to the written approval of Landlord, which consent cannot be unreasonably withheldDemised Premises by Landlord are specifically set forth in the Work Letter and there are no others. All design, construction and installation shall conform improvements made to the requirements of any and all authorities having jurisdiction thereof. Tenant shall submit Tenant's Plans within ninety (90) days after the execution of this Lease by both parties. Landlord shall respond within twenty (20) days of receipt of complete Tenant's Plans. In the event that Tenant falls to submit such information within said time periodDemised Premises, then Landlord shall have the right to proceed as it deems appropriate in Landlord's sole discretion. In the event that any work so done whether by Landlord thereafter requires changesor Tenant, then said changes shall be at Tenant's sole cost and expensewill become the property of Landlord when attached to or incorporated into the Demised Premises. Notwithstanding Such property will remain the foregoing or anything to the contrary contained herein property of Landlord upon termination of this Lease, the parties acknowledge and agree except for improvements that Landlord requires that Tenant currently occupies the entire Premises and that no Landlord's Work remove, as provided for herein. The taking of possession by Tenant (or any permitted assignee or subtenant of Tenant's Work shall be required in connection with the commencement ) of all or any portion of the Term Demised Premises for the conduct of this Leasebusiness will be deemed to mean that Tenant has found the Demised Premises, and all of their fixtures and equipment, acceptable.

Appears in 1 contract

Samples: Lease Agreement (Secured Financial Network, Inc.)

Improvements. Landlord shallExcept for the Sublandlord Improvements, at Landlord's sole cost and expenseSubtenant acknowledges that Subtenant shall be solely liable for constructing improvements to the Sublease Premises. Except for the Sublandlord Improvements, Sublandlord is not obligated to make any improvements to the Sublease Premises. Prior to commencing the construction of any work or alterations in the Sublease Premises, if any, Subtenant will deliver to Sublandlord full, complete Landlord's Work working drawings and specifications for the improvements and alterations Subtenant desires to construct in the Sublease Premises, as well as the names, addresses, and qualifications of all prospective architects, engineers, and licensed, insured and bonded contractors which shall be Subtenant intends to use for performance of the Sublease Premises improvements (collectively, the “TI Materials”). All such construction, including such drawings and specifications, materialsdesign professionals, design, finish and color of the standard adopted by Landlord for the Building. Any improvements and other work done to the Premises which in any manner exceed, change or are in addition to Landlord's Work shall be referred to as "Tenant's Work" and shall be constructed by contractors chosen by Tenant and approved by Landlord, who may be, but shall not necessarily be, the same as Landlord's contractor. All of Landlord's Work shall be completed in substantial accordance with the Plans, as in Exhibit "B". Complete architectural and mechanical plans and specifications ("Landlord's Plans") shall be prepared by the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect at Tenant's expense. Both the Plans for Landlord's Work and the Plans for Tenant's Work are hereafter collectively referred to as "Plans". The Plans shall be consistent with the design, construction and equipment of the Building and in conformity with its standards and shall show the location and extent of any excess floor loading, all special requirements for air conditioning, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during constructioncontractors, are subject to the Prime Landlord’s prior written approval in accordance with Prime Landlord’s requirements as may be included in the Prime Lease or otherwise, and further subject to Sublandlord’s prior written approval. Sublandlord has no control over the approval process and Prime Landlord’s decision to approve the TI Materials, Plans and Specifications, Subtenant Improvements, and the Contractor(s) is solely at its discretion; further, Sublandlord’s decision to approve the TI Materials, Plans and Specifications, Subtenant Improvements, and the Contractor(s) shall be solely at Sublandlord’s discretion. For purposes of this Sublease, the approved (by Prime Landlord and by Sublandlord) working drawings and specifications are referred to as the “Plans and Specifications,” the improvements shown thereon are referred to as the “Subtenant Improvements,” and the approved (by Prime Landlord and by Sublandlord) general contractor is referred to as the “Contractor.” Before commencing any Subtenant Improvements, Subtenant will deliver to Sublandlord certificates evidencing proof of insurance of the type required below, as well as copies of all necessary permits and licenses and anything else required by Sublandlord. Throughout the performance and construction of the Subtenant Improvements, Subtenant shall maintain in full force and effect builder's “all risk” insurance and general liability insurance in amounts, types, and with carriers reasonably acceptable to Prime Landlord and to Sublandlord, as well as workers' compensation coverage as required by law. Such insurance policies shall name Prime Landlord, which consent cannot Sublandlord and such additional parties as Prime Landlord and Sublandlord may reasonably request, provided such beneficiary designation is allowed under the Prime Lease, as additional insureds. In all events, Subtenant shall cause the Subtenant Improvements to be unreasonably withheld. All designconstructed (a) promptly by the approved Contractor, construction (b) in a good and installation shall conform workmanlike manner, (c) in compliance with all Applicable Laws (hereafter defined), permits, licenses and insurance requirements, (d) in full compliance with all of the reasonable rules and regulations applicable to third party contractors and suppliers performing work at the Property, (e) in compliance with any security requirements of Sublandlord or Prime Landlord, (f) subject to the requirements approval of any Sublandlord and all authorities having jurisdiction thereof. Tenant shall submit Tenant's Prime Landlord, (g) in compliance with the Prime Lease and in exact conformance with the Plans within ninety and Specifications, and (90h) days after the execution of this Lease by both parties. Landlord shall respond within twenty (20) days of receipt of complete Tenant's Plans. In the event that Tenant falls to submit such information within said time period, then Landlord shall have the right to proceed as it deems appropriate in Landlord's sole discretion. In the event that any work so done by Landlord thereafter requires changes, then said changes shall be entirely at TenantSubtenant's sole cost and expense. Notwithstanding Sublandlord and Prime Landlord may, but are not required to, oversee and/or inspect the foregoing or anything construction of the Subtenant Improvements. Immediately after completing the Subtenant Improvements, Subtenant shall furnish Sublandlord and Prime Landlord with a certificate of occupancy, Contractor affidavits as required by Applicable Laws (hereafter defined) and Sublandlord, full and final lien waivers (sufficient under Texas law to the contrary contained herein this Leaseextinguish all lien rights), the parties acknowledge and agree that Tenant currently occupies the entire Premises receipted bills covering all labor and that no Landlord's Work or Tenant's Work shall be required materials expended and used in connection with the commencement Subtenant Improvements. Subtenant hereby releases and will indemnify, protect, defend (with counsel reasonably acceptable to Sublandlord), and hold harmless Sublandlord, Prime Landlord, and their respective agents and employees from and against any and all claims, damages, causes of action, liabilities, or expenses in any manner relating to or arising out of any work performed, materials furnished, or obligations incurred by or for Subtenant or any person or entity claiming by, through, or under Subtenant, in connection with all Subtenant Improvements. Notwithstanding Prime Landlord’s or Sublandlord’s approval or acceptance of any TI Materials, Plans and Specifications, Contractor(s), or Subtenant Improvements, such approval or acceptance shall not constitute nor be deemed a release of the Term responsibility and liability of Subtenant, its owners, officers, employees, professional consultants, contractors, representatives, and agents for the accuracy and competency of the same and the services provided or the work performed, nor shall such approval or acceptance be deemed to be an assumption of or an indemnification for such responsibility or liability by Prime Landlord or by Sublandlord for any defect, error or omission in the same, it being understood that Sublandlord shall be and remain at all times fully responsible and liable for the same. In connection with Subtenant's Improvements to the Sublease Premises, at the Expiration Date or upon the earlier termination of this LeaseSublease, Sublandlord may require that Subtenant remove any or all of such Subtenant’s Improvements and restore the Sublease Premises to the condition existing prior to the making of the same. The provisions of this paragraph shall survive the expiration or termination of this Sublease.

Appears in 1 contract

Samples: Sublease Agreement

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Improvements. Landlord shall, at Landlord's sole cost and expense, complete Landlord's Work which shall be responsible for the cost of preparation of the specifications, materials, design, finish initial floor plan for Tenant's Improvements prepared by Dacon and color the cost breakdown of the standard adopted by Landlord for floorplan. Notwithstanding the Building. Any improvements and other work done foregoing, Tenant may not make structural or non-structural Improvements to the Premises which (or create additional access points to common areas in any manner exceed, change or are in addition to the Building) without Landlord's Work prior written consent which consent with respect to non-structural Improvements shall not be referred unreasonably withheld or delayed. Landlord may require, without limitation, that Tenant submit to as "Landlord in advance for Landlord's approval detailed plans and specifications describing Tenant's Work" Improvements. Landlord shall present any objection to such plans and shall be constructed specifications within thirty (30) days after their receipt by contractors chosen by Tenant Landlord. Upon approval of such plans and approved specifications by Landlord, who may be, but Tenant shall not necessarily be, the same as Landlordconstruct Tenant's contractorImprovements. All of Landlord's Work work by Tenant shall be completed in substantial accordance with the Plans, as in Exhibit "B". Complete architectural and mechanical plans and specifications ("Landlord's Plans") shall be prepared by the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect done at Tenant's expense. Both own cost (subject to Section 3.5 hereof), in a good and workmanlike manner, using first-class materials and in accordance with all Laws and Insurance Regulations, and any work which affects the Plans for Landlord's Work and the Plans for Tenant's Work are hereafter collectively referred to as "Plans". The Plans shall be consistent with the design, construction and equipment structure of the Building and in conformity with its standards and or the Building systems shall show the location and extent of any excess floor loadingbe performed so as not, all special requirements for air conditioning, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to the written approval of Landlord, which consent cannot be unreasonably withheld. All design, construction and installation shall conform to the requirements of any and all authorities having jurisdiction thereof. Tenant shall submit Tenant's Plans within ninety (90) days after the execution of this Lease by both parties. Landlord shall respond within twenty (20) days of receipt of complete Tenant's Plans. In the event that Tenant falls to submit such information within said time period, then Landlord shall have the right to proceed as it deems appropriate in Landlord's sole discretionjudgment, to adversely affect same. In the event that any work so done by Landlord thereafter requires changes, then said changes Tenant shall be at Tenant's sole cost pay when due all charges for labor and expense. Notwithstanding the foregoing or anything to the contrary contained herein this Lease, the parties acknowledge and agree that Tenant currently occupies the entire Premises and that no Landlord's Work or Tenant's Work shall be required materials in connection with any work on the commencement Premises. Tenant shall furnish indemnification bonds against performance, liens, costs, damages and expenses in form and amount satisfactory to Landlord. Tenant's Improvements shall be deemed Improvements. At the end of the Term of this Lease, Tenant shall, at the option of Landlord, remove any and all of Tenant's Improvements and restore the Premises to their original configuration and condition (reasonable wear and tear excepted) to the installation of Tenant's Improvements including, without limitation, cutting, capping and disconnecting pipes and wires constituting Tenant's Improvements and sealing them off in a safe and lawful manner flush with the applicable wall, floor or ceiling, and redecorating the area consistent with the Improvements in the Premises.

Appears in 1 contract

Samples: Lease Agreement (Envision Development Corp /Fl/)

Improvements. Landlord shall deliver the Premises to Tenant in its “as-is” condition without (A) any obligation on Landlord’s part to undertake or, except for the Improvement Allowance (as defined in the Work Agreement (hereinafter defined)) to be provided by Landlord pursuant to the Work Agreement, pay for, any improvements or alterations therein; or (B) except as otherwise expressly set forth herein, any representations or warranties regarding the condition thereof. Tenant shall, at Landlord's Tenant’s sole cost and expense, complete Landlord's Work which shall be subject to the application of the specificationsImprovement Allowance, materials, design, finish and color of the standard adopted by Landlord for the Building. Any improvements and other work done to construct in the Premises which the Tenant Improvements (as defined in any manner exceedthe Work Agreement) described in the Work Agreement attached hereto as Exhibit B (the “Work Agreement”), change or are in addition to Landlord's Work shall be referred to as "Tenant's Work" and shall be constructed by contractors chosen by Tenant and approved by Landlord, who may be, but shall not necessarily be, the same as Landlord's contractor. All of Landlord's Work shall be completed in substantial accordance with the Plans, as in Exhibit "B". Complete architectural terms and mechanical plans and specifications ("Landlord's Plans") shall be prepared by the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect at Tenant's expense. Both the Plans for Landlord's Work and the Plans for Tenant's Work are hereafter collectively referred to as "Plans". The Plans shall be consistent with the design, construction and equipment conditions of the Building and in conformity with its standards and shall show the location and extent of any excess floor loading, all special requirements for air conditioning, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to the written approval of Landlord, which consent cannot be unreasonably withheld. All design, construction and installation shall conform to the requirements of any and all authorities having jurisdiction thereof. Tenant shall submit Tenant's Plans within ninety (90) days after the execution of this Lease by both parties. Landlord shall respond within twenty (20) days of receipt of complete Tenant's PlansWork Agreement. In the event that Landlord and Tenant falls have not finally agreed upon the scope and details of the Tenant Improvements as of the Effective Date, Tenant’s submissions to submit Landlord of plans and specifications detailing such information within said time periodwork shall be subject to Landlord’s written approval in accordance with the Work Agreement. The Tenant Improvements shall be subject to Landlord’s prior written approval, then Landlord shall have comply with all applicable building codes, laws and regulations (including, without limitation, the right Americans with Disabilities Act, as amended (the “ADA”)), shall not require any changes to proceed as it deems appropriate or modifications of any of the mechanical, electrical, plumbing or other systems of the Building, and shall otherwise be constructed in Landlord's sole discretionstrict accordance with the terms of the Work Agreement. In The cost of all design, architectural and engineering work, demolition costs, construction costs, construction supervision, contractors’ overhead and profit, licenses and permits, and all other costs and expenses incurred in connection with the event that any work so done by Landlord thereafter requires changes, then said changes Tenant Improvements shall be at Tenant's ’s sole cost and expense. Notwithstanding the foregoing or anything , subject to the contrary contained herein this Lease, application of the parties acknowledge Improvement Allowance pursuant to the terms and agree that conditions of the Work Agreement. Landlord shall disburse the Improvement Allowance as provided in the Work Agreement. All costs incurred with respect to the Tenant currently occupies Improvements in excess of the entire Premises and that no Landlord's Work or Tenant's Work Improvement Allowance shall be required paid by Tenant as provided in connection with the commencement Work Agreement. Any portion of the Term of this LeaseImprovement Allowance not expended by Tenant in undertaking the Tenant Improvements within nine (9) months after the Effective Date shall be retained by Landlord.

Appears in 1 contract

Samples: Work Agreement (K12 Inc)

Improvements. Tenant shall improve the 10th Floor Premises in accordance with plans and specifications approved in advance by Landlord shall(the “Plans”), which approval shall not be unreasonably withheld, conditioned, or delayed (such improvements are referred to herein as the “Improvements”). Tenant shall perform the Improvements at its own cost, subject to the Landlord’s Contribution (hereinafter defined). Tenant shall cause the Plans to be prepared, at Tenant’s cost. Tenant shall cause any plans for any mechanical, electrical and plumbing work to be submitted and approved in advance by Landlord's sole cost and expense, complete Landlord's Work which ’s engineers. Tenant shall be furnish the initial draft of the specifications, materials, design, finish and color of the standard adopted by Plans to Landlord for its review and approval. Landlord shall within seven (7) days after receipt either provide comments to such Plans or approve the Buildingsame. Any improvements and other work done If Landlord provides Tenant with comments to the Premises which in any manner exceed, change or are in addition to Landlord's Work shall be referred to as "Tenant's Work" and shall be constructed by contractors chosen by Tenant and approved by Landlord, who may be, but shall not necessarily be, the same as Landlord's contractor. All initial draft of Landlord's Work shall be completed in substantial accordance with the Plans, as in Exhibit "B"Tenant shall provide revised Plans to Landlord incorporating Landlord’s comments within seven (7) days after receipt of Landlord’s comments. Complete architectural and mechanical plans and specifications Landlord shall within seven ("Landlord's 7) days after receipt then either provide comments to such revised Plans or approve such Plans") . The process described above shall be prepared by repeated, if necessary, until the architect and/or engineers designated Plans have been finally approved by Landlord. The Plans for Landlord's Work Improvements shall be prepared at Landlord's expenseperformed by a contractor reasonably acceptable to Landlord (the “Contractor”). The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect at Tenant's expense. Both Tenant hereby agrees that the Plans for the Improvements shall comply with all applicable laws and regulations. Landlord's Work and ’s approval of any of the Plans for Tenant's Work are hereafter collectively referred (or any modifications or changes thereto) shall not impose upon Landlord or its agents or representatives any obligation with respect to as "Plans"the design of the Improvements or the compliance of such Improvements or the Plans with applicable laws and regulations. The Plans contractor Tenant chooses to perform the construction of the Improvements shall be consistent with the design, construction and equipment of the Building and in conformity with its standards and shall show the location and extent of any excess floor loading, all special requirements for air conditioning, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to the written approval of Landlord, which consent canapproval shall not be unreasonably withheld, conditioned, or delayed. All designImprovements shall be constructed in a good and workmanlike manner, construction and installation only good grades of material shall conform be used. All Improvements shall be performed in such a fashion and by such means as necessary to maintain a professional work environment in the requirements of any and all authorities having jurisdiction thereofareas surrounding the space to be improved. Tenant shall submit Tenant's Plans within ninety (90) days after only use labor that will work in peace and harmony with other contractors and workers serving the execution Building in constructing the Improvements. Tenant shall avoid actions which interfere with or delay the activities of this Lease by both partiesother contractors serving the Building and other tenants. Tenant shall permit Landlord shall respond within twenty (20) days of receipt of complete Tenant's Plans. In the event that Tenant falls to submit such information within said time period, then Landlord shall have the right to proceed as it deems appropriate in Landlord's sole discretion. In the event that any work so done by Landlord thereafter requires changes, then said changes shall be at Tenant's sole cost observe and expense. Notwithstanding the foregoing or anything to the contrary contained herein this Lease, the parties acknowledge and agree that Tenant currently occupies the entire Premises and that no Landlord's Work or Tenant's Work shall be required in connection with the commencement of the Term of this Leasemonitor all Improvements.

Appears in 1 contract

Samples: Agreement of Lease (Walter Investment Management Corp)

Improvements. Tenant shall not make or allow to be made any alterations or physical additions in or to the Leased Premises without first obtaining the written consent of Landlord. Any permanently attached alterations, physical additions or improvements to the Leased Premises made by Tenant shall at once become the property of Landlord shalland shall be surrendered to Landlord upon the expiration or termination of this Lease; provided, however, Landlord, at its option and, pursuant to written notice given to Tenant before the installation of such improvements, may require Tenant to remove any physical additions and/or repair any alterations in order to restore the Leased Premises to the condition existing at the time Tenant took possession, all costs of removal and/or alterations to be borne by Tenant. This clause shall not apply to moveable or removable equipment or furniture owned by Tenant, which may be removed by Tenant at the end of the Term if Tenant is not then in default. With respect to the construction work (not related to the tenant improvement work of Landlord) to be performed in the Leased Premises, Tenant shall be allowed to undertake both "building standard" and "non-building standard" leasehold improvements within the Leased Premises (except where the same relate to base building structural and/or mechanical work) through outside contractors of its own choosing, subject to Landlord's sole cost approval, and expensesubject to Tenant providing to Landlord the necessary proof of the insurances reasonably required to be carried by such outside contractors, complete provided the entry and work on the part of such outside contractors (i) shall be in harmony with Landlord's Work which contractors and their subcontractors and (ii) shall be not unreasonably interfere with or delay completion of the specifications, materials, design, finish and color of the standard adopted work to be performed by Landlord for in the Leased Premises or elsewhere in the Building. Any improvements Tenant shall indemnify and other work done to the Premises which in any manner exceed, change or are in addition to Landlord's Work shall be referred to as "Tenant's Work" and shall be constructed by contractors chosen by Tenant and approved by hold harmless Landlord, who may beits agents, but shall not necessarily beofficers, the same as Landlord's contractor. All directors, employees, contractors, and any mortgagee of Landlord's Work shall be completed in substantial accordance with the Plans, as in Exhibit "B". Complete architectural Landlord from and mechanical plans and specifications ("Landlord's Plans") shall be prepared by the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect at Tenant's expense. Both the Plans for Landlord's Work and the Plans for Tenant's Work are hereafter collectively referred to as "Plans". The Plans shall be consistent with the design, construction and equipment of the Building and in conformity with its standards and shall show the location and extent of any excess floor loading, all special requirements for air conditioning, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to the written approval of Landlord, which consent cannot be unreasonably withheld. All design, construction and installation shall conform to the requirements of against any and all authorities having jurisdiction thereof. Tenant shall submit Tenantlosses, damages, costs (including costs of suit and attorney's Plans within ninety (90) days after the execution fees), liabilities or causes of this Lease by both parties. Landlord shall respond within twenty (20) days action for injury to or death of receipt any person, for damage to any property, and for mechanic's, materialmen's or other liens or claims arising out of complete Tenant's Plans. In the event that Tenant falls to submit such information within said time period, then Landlord shall have the right to proceed as it deems appropriate in Landlord's sole discretion. In the event that any work so done by Landlord thereafter requires changes, then said changes shall be at Tenant's sole cost and expense. Notwithstanding the foregoing or anything to the contrary contained herein this Lease, the parties acknowledge and agree that Tenant currently occupies the entire Premises and that no Landlord's Work or Tenant's Work shall be required in connection with the commencement of work done by the Term of this LeaseTenant.

Appears in 1 contract

Samples: Lease Agreement (Mission Critical Software Inc)

Improvements. Tenant will not make or permit anyone to make any ------------ alterations, decorations, additions or improvements, structural or otherwise, in or to the Premises (hereinafter referred to collectively as "Improvements") ------------ without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Landlord shall not unreasonably withhold its approval of any minor alterations requested to be made by Tenant not exceeding $20,000 in the aggregate in any Lease Year. All of Tenant's Improvements shall be coordinated with any work being performed by Landlord and in a manner so as not to damage the Building or interfere with construction or operation of the Building and, except for installation of furnishings, shall be performed by contractors or workers first approved by Landlord in writing, such approval not to be unreasonably withheld or delayed. Tenant, before its work is started, shall: secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and assurances satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and materials; and cause each contractor to carry workers' compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and comprehensive public liability insurance with such limits as Landlord may reasonably require, but in no event less than a combined single limit of three million dollars ($3,000,000), and any other insurance which Landlord may from time to time reasonably require, all such insurance to be written in reputable companies reasonably approved by Landlord and insuring Landlord and Tenant as well as the contractors; and deliver to Landlord certificates of all such insurance. Tenant agrees to pay promptly when due the entire cost of any work done on behalf of Tenant, its agents, employees or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Property and immediately to discharge or bond any such liens which may so attach. If, notwithstanding the foregoing, any mechanic's or materialmen's lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant or its agents, employees or independent contractors, Tenant, at Landlord's its sole cost and expense, complete Landlordshall cause such lien to be dissolved promptly after receipt of notice that such lien has been filed, by the payment thereof or by the filing of a bond sufficient to accomplish the foregoing. If Tenant shall fail to discharge any such mechanic's Work which shall be of or materialmen's lien, Landlord may, at its option, discharge such lien and treat the specificationscost thereof (including reasonable attorneys' fees incurred in connection therewith) as Additional Rent payable upon demand, materials, design, finish and color of the standard adopted it being expressly agreed that such discharge by Landlord for shall not be deemed to waive or release the Buildingdefault of Tenant in not discharging such lien. Any improvements It is understood and other work done agreed that any Improvements to the Premises which in any manner exceed, change or are in addition to Landlord's Work shall be referred to as "Tenant's Work" and shall be constructed by contractors chosen by on behalf of Tenant and approved by Landlord, who may be, but shall not necessarily be, the same as Landlord's contractor. All on behalf of Landlord's Work shall be completed in substantial accordance with the Plans, as in Exhibit "B". Complete architectural and mechanical plans and specifications ("Landlord's Plans") shall be prepared by the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect at Tenant's expense. Both the Plans for Landlord's Work and the Plans for Tenant's Work are hereafter collectively referred to as "Plans". The Plans shall be consistent with the design, construction and equipment of the Building and in conformity with its standards and shall show the location and extent of any excess floor loading, all special requirements for air conditioning, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to the written approval of Landlord, which consent cannot be unreasonably withheld. All design, construction and installation shall conform to the requirements of any and all authorities having jurisdiction thereof. Tenant shall submit Tenant's Plans within ninety (90) days after the execution of this Lease by both parties. Landlord shall respond within twenty (20) days of receipt of complete Tenant's Plans. In the event that Tenant falls to submit such information within said time period, then Landlord shall have the right to proceed as it deems appropriate in Landlord's sole discretion. In the event that any work so done by Landlord thereafter requires changes, then said changes shall be at Tenant's sole cost and expense. Notwithstanding the foregoing or anything to the contrary contained herein this Lease, the parties acknowledge and agree that Tenant currently occupies the entire Premises and that no Landlord's Work or Tenant's Work shall be required in connection with the commencement of the Term of this Lease.

Appears in 1 contract

Samples: Peritus Software Services Inc

Improvements. Landlord shallLandlord, at Landlord's its sole cost and expense, complete Landlord's Work which shall be of will re-pave and re-stripe the specifications, materials, design, finish and color of the standard adopted by Landlord for the Building. Any improvements and other work done to the Premises which in any manner exceed, change or are in addition to Landlord's Work shall be referred to as "Tenant's Work" and shall be constructed by contractors chosen by Tenant and approved by Landlord, who may be, but shall not necessarily be, the same as Landlord's contractor. All of Landlord's Work shall be completed in substantial accordance with the Plans, as in Exhibit "B". Complete architectural and mechanical plans and specifications ("Landlord's Plans") shall be prepared by the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect at Tenant's expense. Both the Plans for Landlord's Work and the Plans for Tenant's Work are hereafter collectively referred to as "Plans". The Plans shall be consistent with the design, construction and equipment parking facilities of the Building using Building Standard quality and in conformity with its standards quantities of materials and paint (the “Landlord’s Work”), the cost of which shall show the location and extent of any excess floor loading, all special requirements for air conditioning, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to the written approval of Landlord, which consent cannot be unreasonably withheld. All design, construction and installation shall conform to the requirements of any and all authorities having jurisdiction thereof. Tenant shall submit Tenant's Plans within ninety (90) days after the execution of this Lease by both partiesincluded in Operating Expenses. Landlord shall respond within twenty (20) days use commercially reasonable efforts to substantially complete the Landlord’s Work on or before the Commencement Date, subject to delays attributable to Force Majeure or the acts or omissions of receipt of complete Tenant's Plans, or Tenant’s agents, employees or contractors. In the event Tenant acknowledges and agrees that Tenant falls is currently in possession of the Premises under the “Existing Sublease” (as hereinafter defined) and will continue to submit occupy the Premises while Landlord performs the Landlord’s Work. Tenant agrees to reasonably cooperate with Landlord to facilitate the substantial completion of the Landlord’s Work in an expeditious manner. Landlord shall use reasonable efforts to perform the Landlord’s Work with minimal disruption and interference to Tenant’s use of the Premises. Notwithstanding the foregoing, Tenant acknowledges that Landlord will perform the Landlord’s Work during Normal Building Hours. Landlord shall not be obligated to perform such information within said time periodwork outside of Normal Building Hours. However, then Landlord may, in its discretion, perform portions of such work outside of Normal Building Hours. Except for the Landlord’s Work and Landlord’s maintenance and repair obligations hereunder, Landlord shall have the right no obligation to proceed as it deems appropriate in Landlord's sole discretion. In the event that make any work so done by Landlord thereafter requires changes, then said changes shall be at Tenant's sole cost and expense. Notwithstanding the foregoing improvements or anything modifications to the contrary contained herein this LeasePremises. Neither Landlord nor Landlord’s agents have made any representations, warranties or promises with respect to the Project, the parties acknowledge and agree that Tenant currently occupies the entire Premises and that no Landlord's Work or Tenant's Work shall be required in connection with the commencement physical condition of the Term of Building, the Land or the Premises, or any matter or thing affecting or related to the Premises, except as expressly set forth in this Lease.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Digital Insight Corp)

Improvements. Tenant shall not make any alteration, additions or improvements to the Leased Premises without Landlord's written consent first had and obtained except for nonstructural exterior and interior changes not exceeding $35,000 per project and $100,000 in the aggregate. Landlord shallhereby consents to the installation by Tenant of a phone system, and computer system with any necessary cabling, and the installation of any specialized equipment or machinery required for the operation of Tenant's business, to the extent the same can be installed without damage to the Leased Premises. Any and all alteration, additions and improvements shall be constructed: (i) at LandlordTenant's sole cost and expense, complete expense by licensed and bonded contractors reasonably acceptable to Landlord's Work ; (2) in conformity with applicable building codes and all other necessary or advisable permits and licenses; copies of which shall be of the specifications, materials, design, finish furnished to Landlord before work commences; and color of the standard adopted by Landlord for the Building(3) in a good and workmanlike manner and diligently prosecuted to completion. Any improvements and other work done not acceptable to the Premises which in any manner exceedgovernmental authority or agency having or exercising jurisdiction over such work, change or are in addition to Landlord's Work shall be referred to as "Tenant's Work" promptly replaced and shall be constructed by contractors chosen by Tenant and approved by Landlord, who may be, but shall not necessarily be, the same as Landlord's contractor. All of Landlord's Work shall be completed in substantial accordance with the Plans, as in Exhibit "B". Complete architectural and mechanical plans and specifications ("Landlord's Plans") shall be prepared by the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect corrected at Tenant's expense. Both Any and all alterations, additions and improvements to the Plans for Landlord's Work and the Plans for Leased Premises, not including Tenant's Work are hereafter collectively referred to as "Plans". The Plans machinery and equipment, shall be consistent deemed to have attached to the freehold and to inure to the benefit of Landlord and shall remain on and be surrendered with the design, construction and equipment Leased Premises on expiration or termination of the Building and in conformity with its standards and shall show the location and extent of lease term including any excess floor loadingextension thereof without compensation to Tenant; provided, all special requirements for air conditioninghowever, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to the written approval of Landlord, which consent canif not be unreasonably withheld. All design, construction and installation shall conform to the requirements of any and all authorities having jurisdiction thereof. Tenant shall submit Tenant's Plans within less than ninety (90) days after the execution expiration or sooner termination of this Lease or any extension thereof, Landlord so elects ("Election Right") by both parties. written notice to Tenant, Tenant shall promptly remove all such alterations, additions or improvements (unless such alterations, additions or improvements have been approved by Landlord) which were so made during the term of this Lease or any extension thereof to the Leased Premises and which are designated in said notice and shall repair any damage occasioned by the original installation or removal and shall restore the Leased Premises to new condition substantially the same as existed prior to the alterations, additions or improvements ("Restoration Work"); and, in default thereof, Landlord shall respond within twenty (20) days of receipt of complete Tenant's Plans. In the event that Tenant falls to submit such information within may at its option effect said time period, then Landlord shall have the right to proceed as it deems appropriate in Landlord's sole discretion. In the event that any work so done by Landlord thereafter requires changes, then said changes shall be removals and repairs at Tenant's sole cost and expense. Notwithstanding Such Election Right by Landlord shall survive the foregoing expiration or sooner termination of the lease term notwithstanding anything to the contrary contained herein in this Lease, Section VI. In the parties acknowledge and agree that event Tenant currently occupies the entire Premises and that no fails or refuses to perform such Restoration Work within thirty (30) days after Tenant's receipt of Landlord's Work or Tenant's Work shall be required in connection Election Right Notice, Landlord may perform same without notice to Tenant and charge Tenant all reasonable costs and expenses associated with the commencement of the Term of this Leasesuch Restoration Work.

Appears in 1 contract

Samples: Lithia Motors Inc

Improvements. Using Building standard materials, components and finishes, Landlord shall, at Landlord's sole cost and expense, complete Landlord's Work which shall be cause the installation and/or construction of the specificationsimprovements in the Premises (the “Improvements”) pursuant to that certain space plan attached to this Lease as Exhibit A (the “Space Plan”). Other than as expressly contemplated by Section 3.1 below, materialsTenant shall make no changes, design, finish and color of the standard adopted by Landlord for the Building. Any improvements and other work done additions or modifications to the Premises which in any manner exceed, change Improvements or are in addition to Landlord's Work shall be referred to as "Tenant's Work" and shall be constructed by contractors chosen by Tenant and approved by Landlord, who may be, but shall not necessarily be, the same as Landlord's contractor. All of Landlord's Work shall be completed in substantial accordance with Space Plan or require the Plans, as in Exhibit "B". Complete architectural and mechanical plans and specifications ("Landlord's Plans") shall be prepared by the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect at Tenant's expense. Both the Plans for Landlord's Work and the Plans for Tenant's Work are hereafter collectively referred to as "Plans". The Plans shall be consistent with the design, construction and equipment of the Building and in conformity with its standards and shall show the location and extent installation of any excess floor loading“Non-Conforming Improvements” (as that term is defined in Article 2, all special requirements for air conditioningbelow), plumbing and electricity and without the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to the prior written approval consent of Landlord, which consent cannot may be unreasonably withheld. All design, construction and installation shall conform to the requirements of any and all authorities having jurisdiction thereof. Tenant shall submit Tenant's Plans within ninety (90) days after the execution of this Lease by both parties. Landlord shall respond within twenty (20) days of receipt of complete Tenant's Plans. In the event that Tenant falls to submit such information within said time period, then Landlord shall have the right to proceed as it deems appropriate withheld in Landlord's ’s sole discretion. In discretion if such change or modification would directly or indirectly delay the event “Substantial Completion” (as that term is defined in Section 5.1, below) of the Improvements or impose any work so done by Landlord thereafter requires changes, then said changes shall be at Tenant's sole cost and expenseadditional costs. Notwithstanding the foregoing or anything any contrary provision of this Lease, all Improvements shall be deemed Landlord’s property under the terms of this Lease. Notwithstanding any provision to the contrary contained herein in this LeaseWork Letter Agreement, in no event shall the parties acknowledge and agree that Tenant currently occupies cost of the entire Premises and that no Landlord's Work or Tenant's Work Improvements exceed a total amount equal to […***…] Dollars ($[…***…]) (i.e., […***…] Dollars ($[…***…]) per each of the rentable square feet of the Premises) (the “Landlord Contribution Amount”). All costs in excess of the Landlord Contribution Amount shall be required paid to Landlord by Tenant in connection advance within five (5) days following Tenant’s receipt of a request therefor. All such funds provided by Tenant shall be disbursed by Landlord and exhausted prior to disbursement of the Landlord Contribution Amount. Notwithstanding any provision to the contrary contained in this Lease or this Work Letter, but except as expressly provided in Section 6.8 below, in no event shall the Landlord be obligated to pay (via the Landlord Contribution Amount or otherwise) for any moving costs or expenses or any costs or expenses associated with the commencement purchase, installation, operation or maintenance of the Term of this Lease.any furniture, fixtures, equipment, art, cabling, audio/visual equipment, access controls, security equipment and/or office signage. *** Confidential Treatment Requested EXHIBIT B

Appears in 1 contract

Samples: Office Lease (Acadia Pharmaceuticals Inc)

Improvements. Landlord shall, at Landlord's sole The parties have agreed that Tenant shall bear the cost and expense, complete Landlord's Work which shall be of the specifications, materials, design, finish and color of the standard adopted by Landlord for the Building. Any improvements and other work done to the Premises which in any manner exceedas described herein, change and for expediency and efficiency, the parties have further agreed that Landlord shall not require that Landlord's contractor be used, or are in addition that Landlord be paid a construction management fee. Instead, Tenant shall, through its contractor (who shall be subject to Landlord's Work reasonable approval), cause to be constructed improvements to the Premises and the common areas of the Project in accordance with plans and specifications approved by Landlord and Tenant. The Premises shall be delivered to Tenant in their present condition and Tenant shall bear all costs (except as provided below) pertaining to improvements to the Premises to make the Premises suitable for Tenant's use (collectively, all of the work to be performed to the interior and to the common areas shall be referred to in the Lease as hereby amended as the "Tenant's Work" Tenant Improvements"), including certain common area work ("Common Improvements") for (a) remodeling restrooms in compliance with current requirements of the Americans with Disabilities Act, (b) painting and remodeling the lobby, and (c) painting the exterior of the Building. The Tenant Improvements and the Common Improvements shall be constructed made in accordance with plans and specifications approved by contractors chosen Landlord and Tenant, and completed by Tenant through a contractor who shall be subject to Landlord's reasonable approval, in a good and approved by Landlordworkmanlike manner and in accordance with all applicable laws, who may berules and regulations. Tenant shall not be required to pay to Landlord a construction management fee, but shall not necessarily be, reimburse Landlord for the same as actual cost (without mark-xx) of professional services rendered to Landlord by Landlord's contractor. All of architect and/or contractor (collectively "Landlord's Work Consultant") to review and approve the plans and specifications for the above-described work on Landlord's behalf. Landlord shall not be liable for the costs or construction of any improvements or alterations to the Premises or the Project, except as provided hereinbelow. In the event the actual cost of construction of the Common Improvements exceeds $150,000, Tenant shall be completed reimbursed such excess amount (the "Excess Common Cost"). The Excess Common Cost shall be reimbursed to Tenant upon completion of the Tenant Improvements in substantial accordance with the Final Plans, as and Landlord's receipt of (i) a certificate of occupancy from the City of Menlo Park, (ii) unconditional lien waivers from all contractors and subcontractors, and (iii) copies of all invoices pertaining to the work. Landlord's Consultant shall in Exhibit "B"good faith determine the costs allocable to the Tenant Improvements and to the Common Improvements. Complete architectural and mechanical plans and specifications Should Tenant disagree with the determination by Landlord's Consultant ("Landlord's PlansDetermination") shall be prepared by the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect at Tenant's expense. Both the Plans for Landlord's Work and the Plans for Tenant's Work are hereafter collectively referred to as "Plans". The Plans shall be consistent with the design), construction and equipment of the Building and in conformity with its standards and shall show the location and extent of any excess floor loading, all special requirements for air conditioning, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to the written approval of Landlord, which consent cannot be unreasonably withheld. All design, construction and installation shall conform to the requirements of any and all authorities having jurisdiction thereof. Tenant shall submit Tenant's Plans within ninety (90) days after the execution of this Lease by both parties. Landlord shall respond within twenty (20) days of receipt of complete Tenant's Plans. In the event that Tenant falls to submit such information within said time period, then Landlord shall have the right to proceed as it deems appropriate in dispute such determination by providing written notice within five (5) days after receipt of Landlord's sole discretionDetermination that Tenant elects to have such dispute arbitrated. In the event that any work so done by Landlord thereafter requires changesIf Tenant fails to give such notice, then said changes Tenant shall be at Tenantdeemed to have accepted Landlord's sole cost and expenseDetermination. If Tenant elects to have the matter arbitrated, the matter shall be arbitrated in accordance with Paragraph (e) below. Notwithstanding the foregoing or anything foregoing, Landlord shall not be responsible for any, and Tenant shall bear the responsibility for all costs associated with, alterations and improvements required due to the contrary contained herein this Lease, the parties acknowledge and agree that Tenant currently occupies the entire Premises and that no Landlord's Work or Tenant's Work shall be required in connection with the commencement particular business or particular use of the Term Premises. Upon completion of this Leasethe Tenant Improvements, Tenant shall provide to Landlord a full set of as-built plans depicting all of the Tenant Improvements. Tenant shall guarantee lien-free completion of all such improvements.

Appears in 1 contract

Samples: Agreement Regarding Sublease (Informatica Corp)

Improvements. Landlord shall, at Landlord's sole cost and expense, complete Landlord's Work which shall be of the specifications, materials, design, finish and color of the standard adopted by Landlord for the Building. Any improvements and other work done to the Premises which in any manner exceed, change or are in addition to Landlord's Work shall be referred to as "Tenant's Work" and shall be constructed by contractors chosen by Tenant and approved by Landlord, who may be, but shall not necessarily be, the same as Landlord's contractor. All of Landlord's Work shall be completed in substantial accordance with the Plans, as in Exhibit "B". Complete architectural and mechanical plans and specifications ("Landlord's Plans") shall be prepared by the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect at Tenant's expense. Both the Plans for Landlord's Work and the Plans for Tenant's Work are hereafter collectively referred to as "Plans". The Plans shall be consistent with the design, construction and equipment of the Building and in conformity with its standards and shall show the location and extent of any excess floor loading, all special requirements for air conditioning, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to the written approval of Landlord, which consent cannot be unreasonably withheld. All design, construction and installation shall conform to the requirements of any and all authorities having jurisdiction thereof. Tenant shall submit Tenant's Plans within ninety (90) days after the execution of this Lease by both parties. Landlord shall respond within twenty (20) days of receipt of complete Tenant's Plans. In the event that Tenant falls to submit such information within said time period, then Landlord shall have the right to proceed as it deems appropriate in Landlord's sole discretion. In the event that any work so done by Landlord thereafter requires changes, then said changes shall be at Tenant's sole cost and expense. Notwithstanding the foregoing or anything to the contrary contained herein this Lease, the parties acknowledge and agree that the Landlord work shall be performed by contractors chosen and under contracts (the "Landlord Work Contracts") executed and performed by Landlord as owner of the Premises. As a condition to Landlord's performance of its obligations under this Lease including in particular the initiation, undertaking or completion of the Landlord Work, Tenant currently occupies agrees to fully advance and reimburse Landlord for all costs incurred by Landlord in undertaking the Landlord Work. Tenant acknowledges and agrees that prior to Landlord's execution or undertaking of any Landlord Work Contracts, Tenant shall advance and deposit with Landlord all reasonably anticipated costs of performing such Landlord Work Contracts. Landlord shall provide Tenant with notice of such costs and Tenant shall remit the same to Landlord within ten (10) calendar days from and after the date of such notice. Tenant hereby authorizes Landlord to expend all such funds held on deposit hereunder under and in accordance with all applicable Landlord Work Contracts. In the event excess or unexpected costs are incurred under any Landlord Work Contracts, Landlord shall notify Tenant of the same and within five (5) calendar days thereafter, Tenant shall advance the full amount thereof to Landlord provided, that such advance shall in all events be made prior to the date on which the work giving rise to such excess or unexpected costs is performed. Tenant's failure to timely provide any or all funds required hereunder to Landlord shall (i) constitute a default by Tenant hereunder which default shall be the same as Tenant's failure to pay Rent hereunder, (ii) relieve Landlord from all responsibility with respect to the performance of the Landlord Work hereunder, and (iii) relieve Landlord from all responsibility with respect to delivery of the Premises to Tenant in the condition and at the times contemplated hereunder, and (iv) result in Landlord's ability to immediately terminate this Lease and enjoy immediate and exclusive possession of the entire Premises and that no Landlord's Work or Tenant's Work shall be required in connection with Premises, including without limit the commencement of the Term of this LeaseWarehouse Space, without further obligation hereunder.

Appears in 1 contract

Samples: 8 Lease Agreement (Armitec Inc)

Improvements. (i) Landlord shall deliver the Premises to Tenant in its “as-is” condition, without (A) any obligation on Landlord’s part to undertake or pay for any improvements or alterations therein, except as expressly provided below; or (B) any representations or warranties regarding the condition thereof. Notwithstanding the foregoing, Landlord shall construct a demising wall in the Premises in the location shown on Exhibit A-1 attached hereto (the “Demising Wall”). Landlord shall (1) construct the Demising Wall using Building standard materials selected by Landlord; (2) be obligated to paint the interior surface of the Demising Wall within the Premises; and (3) not be obligated to construct the Demising Wall prior to the Commencement Date. Tenant shall, at Tenant’s sole cost and expense subject, however, to application of the Improvement Allowance (as defined in the Work Agreement (hereinafter defined)), construct in the Premises the Tenant Improvements (as defined in the Work Agreement) described in the Work Agreement attached hereto as Exhibit B (the “Work Agreement”) in accordance with the terms and conditions of the Work Agreement. In the event that Landlord and Tenant have not finally agreed upon the scope and details of the Tenant Improvements as of the Effective Date, Tenant’s submissions to Landlord of plans and specifications detailing such work shall be subject to Landlord's ’s written approval in accordance with the Work Agreement. The Tenant Improvements shall be subject to Landlord’s prior written approval, shall comply with all applicable building codes, laws and regulations (including, without limitation, the Americans with Disabilities Act), shall not require any changes to or modifications of any of the mechanical, electrical, plumbing or other systems of the Building, and shall otherwise be constructed in strict accordance with the terms of the Work Agreement. The cost of all design, architectural and engineering work, construction costs, construction supervision, contractors’ overhead and profit, licenses and permits, and all other costs and expenses incurred in connection with the Tenant Improvements shall be at Tenant’s sole cost and expense, complete Landlord's Work which shall be of the specifications, materials, design, finish and color of the standard adopted by Landlord for the Building. Any improvements and other work done to the Premises which in any manner exceed, change or are in addition to Landlord's Work shall be referred to as "Tenant's Work" and shall be constructed by contractors chosen by Tenant and approved by Landlord, who may be, but shall not necessarily be, the same as Landlord's contractor. All of Landlord's Work shall be completed in substantial accordance with the Plans, as in Exhibit "B". Complete architectural and mechanical plans and specifications ("Landlord's Plans") shall be prepared by the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect at Tenant's expense. Both the Plans for Landlord's Work and the Plans for Tenant's Work are hereafter collectively referred to as "Plans". The Plans shall be consistent with the design, construction and equipment of the Building and in conformity with its standards and shall show the location and extent of any excess floor loading, all special requirements for air conditioning, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to the written approval application of Landlord, which consent cannot be unreasonably withheld. All design, construction and installation shall conform to the requirements of any and all authorities having jurisdiction thereof. Tenant shall submit Tenant's Plans within ninety (90) days after Improvement Allowance as more fully set forth in the execution of this Lease by both partiesWork Agreement. Landlord shall respond within twenty (20) days disburse the Improvement Allowance as provided in the Work Agreement. All costs incurred in respect of receipt the Tenant Improvements in excess of complete Tenant's Plans. In the event that Tenant falls to submit such information within said time period, then Landlord shall have the right to proceed as it deems appropriate in Landlord's sole discretion. In the event that any work so done by Landlord thereafter requires changes, then said changes Improvement Allowance shall be at Tenant's sole cost and expense. Notwithstanding paid by Tenant as provided in the foregoing or anything to the contrary contained herein this Lease, the parties acknowledge and agree that Tenant currently occupies the entire Premises and that no Landlord's Work or Tenant's Work shall be required in connection with the commencement of the Term of this LeaseAgreement.

Appears in 1 contract

Samples: Deed of Lease (Iceweb Inc)

Improvements. Landlord shall deliver the Premises to Tenant in its "as-is" condition without any obligation on Landlord's part to (A) undertake any improvements or alterations therein; (B) except for the Improvement Allowance (as defined in the Work Agreement [hereinafter defined]) to be provided by Landlord pursuant to the Work Agreement, pay for, any improvements or alterations therein; or (C) make any representations or warranties regarding the condition of the Premises; provided, however, that as of the Possession Date (hereinafter defined), the Building shall comply with the Base Building Shell Definition attached as Exhibit F hereto. Tenant shall, at Landlord's sole cost and expense, complete Landlord's Work which shall be of the specifications, materials, design, finish and color of the standard adopted by Landlord for the Building. Any improvements and other work done to the Premises which in any manner exceed, change or are in addition to Landlord's Work shall be referred to as "Tenant's Work" and shall be constructed by contractors chosen by Tenant and approved by Landlord, who may be, but shall not necessarily be, the same as Landlord's contractor. All of Landlord's Work shall be completed in substantial accordance with the Plans, as in Exhibit "B". Complete architectural and mechanical plans and specifications ("Landlord's Plans") shall be prepared by the architect and/or engineers designated by Landlord. The Plans for Landlord's Work shall be prepared at Landlord's expense. The Plans for Tenant's Work ("Tenant's Plans") shall be prepared by Tenant's architect at Tenant's expense. Both the Plans for Landlord's Work and the Plans for Tenant's Work are hereafter collectively referred to as "Plans". The Plans shall be consistent with the design, construction and equipment of the Building and in conformity with its standards and shall show the location and extent of any excess floor loading, all special requirements for air conditioning, plumbing and electricity and the estimated total electrical load. Tenant's Plans, both before and during construction, are subject to the written approval of Landlord, which consent cannot be unreasonably withheld. All design, construction and installation shall conform to the requirements of any and all authorities having jurisdiction thereof. Tenant shall submit Tenant's Plans within ninety (90) days after the execution of this Lease by both parties. Landlord shall respond within twenty (20) days of receipt of complete Tenant's Plans. In the event that Tenant falls to submit such information within said time period, then Landlord shall have the right to proceed as it deems appropriate in Landlord's sole discretion. In the event that any work so done by Landlord thereafter requires changes, then said changes shall be at Tenant's sole cost and expense. Notwithstanding the foregoing or anything , subject to the contrary contained herein this Leaseapplication of the Improvement Allowance, construct in the parties acknowledge Premises the Tenant Improvements (as defined in the Work Agreement) described in the Work Agreement attached hereto as Exhibit B (the "Work Agreement"), in accordance with the terms and agree that Tenant currently occupies conditions of the entire Premises Work Agreement. The cost of all design, architectural and that no Landlord's Work or Tenant's Work shall be required engineering work, demolition costs, construction costs, construction supervision, contractors’ overhead and profit, licenses and permits, and all other costs and expenses incurred in connection with the commencement Tenant Improvements shall be at Tenant’s sole cost and expense, subject to the application of the Term Improvement Allowance. Landlord shall disburse the Improvement Allowance as provided in the Work Agreement. All costs incurred with respect to the Tenant Improvements in excess of this Leasethe Improvement Allowance shall be paid by Tenant as provided in the Work Agreement. Any delay by Tenant in the completion of the Tenant Improvements shall not delay, or otherwise affect, the Possession Date or the Commencement Date.

Appears in 1 contract

Samples: Office Lease Agreement (Sucampo Pharmaceuticals, Inc.)

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