Common use of Landlord Work Clause in Contracts

Landlord Work. Prior to the execution of this First Amendment, Landlord and Tenant have approved (i) a detailed space plan for the construction of Landlord’s Work in the Premises, which space plan has been prepared by Studio O + A (“Final Approved Plan”) and (ii) a bid proposal for the construction of Landlord’s Work in the Premises, which bid proposal has been prepared by XX Xxxx Construction and is dated June 2, 2011 (Rev-2) (“Bid Proposal”). The Final Approved Plan and Bid Proposal are approved by the parties as of the Effective Date, are attached hereto collectively, as Exhibit “D-1” and hereby replaces the original Approved Plan attached to the Lease as Exhibit “D-1”. Consequently, all references in the Work Letter to the “Approved Plan” shall mean and refer to the Final Approved Plan and Bid Proposal attached hereto as Exhibit “D-1”. Landlord agrees to construct the Landlord Work, pursuant to the terms and conditions set forth in the Work Letter and as depicted on the Approved Plan (as amended hereby). Landlord shall pay for the cost (including, the cost of obtaining all applicable building permits) of the design and construction of Landlord’s Work in an amount up to, but not exceeding, Two Hundred Twenty Two Thousand One Hundred Fifty and 00/100 Dollars ($222,150.00) plus any additional costs actually incurred by Landlord in excess of such $222,150.00 amount as a direct result of Landlord’s or Landlord’s contractor’s active negligence or willful misconduct or resulting from change order to the Approved Plans (as amended hereby) if such change order is initiated and executed by Landlord (the “Landlord’s Contribution”). Tenant shall pay for all costs in excess of the Landlord’s Contribution (“Over Allowance Amount”) which payment shall be made to Landlord in cash within thirty (30) days after Tenant’s receipt of invoice therefor from Landlord. Payment of the Over-Allowance Amount shall be in addition to Tenant’s obligation to pay to Landlord the cost of any Aggregate Extras as provided in Section 4 of the Work Letter.

Appears in 2 contracts

Samples: Lease (Zendesk, Inc.), Lease (Zendesk, Inc.)

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Landlord Work. Prior Landlord shall perform improvements to the execution of this First AmendmentPremises in all material respects in accordance with the Plans (defined below). As used herein, Landlord and Tenant have approved “Plans” shall mean, collectively: (ia) a the detailed space plan for the construction of (with architectural specifications attached as schedule 1 thereto) prepared by Xxxxxxx Design (“Landlord’s Work in the Premises, which space plan has been prepared by Studio O + A (“Final Approved PlanArchitect”) and (ii) a bid proposal for the construction of Landlord’s Work in the Premises, which bid proposal has been prepared by XX Xxxx Construction and is dated June 2, 2011 (Rev-2) (“Bid Proposal”). The Final Approved Plan and Bid Proposal are approved by the parties as of the Effective Date, are attached hereto collectively, as Exhibit “D-1” and hereby replaces the original Approved Plan attached to the Lease as Exhibit J-1 (the D-1Detailed Space Plan), (b) the specifications letter (with schedules 1 through 5 attached thereto) prepared by Tenant and approved by Landlord’s Architect and attached to the Lease as Exhibit J-2 (together with the Detailed Space Plan, collectively, the “Preliminary Plans”), and (c) the detailed construction drawings (the “Construction Drawings”) to be prepared by Landlord’s Architect based on the Preliminary Plans and approved by Landlord and Tenant in accordance with this Section 2, as such Plans may be revised from time to time with the approval of Landlord and Tenant in accordance with Section 3 below. Consequently, all references Notwithstanding anything in the Work Letter Plans to the “Approved Plan” contrary, in no event shall mean the Plans be deemed to include any of the improvements described in Schedule 1 attached hereto. Notwithstanding the foregoing, each of Landlord and refer Tenant hereby confirms that it has already approved the Preliminary Plans. Promptly following the mutual execution and delivery of the Lease, Landlord shall cause Landlord’s Architect to prepare the Construction Drawings in accordance with the Preliminary Plans. The Construction Drawings shall be subject to the Final Approved Plan written approval of Landlord and Bid Proposal Tenant, which shall not be (i) withheld except, if at all, on the grounds that the Construction Drawings are inconsistent with the Preliminary Plans, or (ii) delayed beyond 5 Business Days after receipt of the same (unless the reviewing party is entitled to disapprove the same in accordance with the preceding clause (i), in which event such reviewing party shall deliver written notice of such disapproval to the other party within such 5-Business-Day period). Tenant agrees that it shall be reasonable for Landlord to disapprove any portion of the Construction Drawings that results in an increase in the cost of the Landlord Work above the cost of the Landlord Work as described in the Preliminary Plans. The improvements to be performed by Landlord in accordance with the Plans are hereinafter referred to as the “Landlord Work.” Except as may be otherwise expressly provided in the Plans, the Plans shall be deemed to include the Building-standard improvements described in Schedule 2 attached hereto as Exhibit “D-1”hereto. Landlord agrees to construct shall perform the Landlord WorkWork in a good and workmanlike manner and in all material respects in compliance with all applicable Laws; provided, pursuant however, that, as between Landlord and Tenant, and except as expressly provided in this Section 2 below, Tenant, rather than Landlord, shall be responsible for any violations of Law that are attributable to the fact that the Landlord Work conforms to the Plans. It is agreed that all space planning, design, preparation of construction drawings, obtaining necessary permits, and construction of the Landlord Work will be completed at Landlord’s sole cost and expense (subject to the terms of Sections 3 and conditions set forth in the Work Letter 13 below) using Building standard methods, materials and as depicted on the Approved Plan (as amended hereby)finishes. Landlord shall pay enter into a direct contract for the cost (including, the cost of obtaining all applicable building permits) of the design and construction of Landlord’s Landlord Work in an amount up to, but not exceeding, Two Hundred Twenty Two Thousand One Hundred Fifty and 00/100 Dollars ($222,150.00) plus any additional costs actually incurred by Landlord in excess of such $222,150.00 amount as with a direct result of Landlord’s or Landlord’s contractor’s active negligence or willful misconduct or resulting from change order to the Approved Plans (as amended hereby) if such change order is initiated and executed general contractor selected by Landlord (the “Landlord’s ContributionConstruction Contract”). In addition, Landlord shall have the right to select and/or approve of any subcontractors used in connection with the Landlord Work. Notwithstanding the foregoing, Tenant shall pay for be entitled to approve the general contractor and all costs subcontractors that will perform the Landlord Work (other than subcontractors that will perform work affecting Building systems); provided, however, that such approval shall not be unreasonably withheld or delayed and, in excess of the Landlord’s Contribution (“Over Allowance Amount”) which payment any event, Tenant shall be made required to Landlord approve one or more general contractors and one or more subcontractors in cash within thirty each applicable trade that, in each case, have previously performed work at the Building. Tenant hereby approves (30a) days after Tenant’s receipt of invoice therefor from Landlord. Payment of the Over-Allowance Amount shall be in addition to Tenant’s obligation to pay to Landlord following general contractors: Xxxxxx; Xxxxxxx; Express; Schucart; and Boden; and (b) the cost of any Aggregate Extras as provided in Section 4 of the Work Letter.following subcontractors: (i) Clue Xxxx Systems; Xxxxxxx; First Line Communication; Xxxxxx; MRP Communications; NetVersant; and Zephyr Communications (for cable); (ii) CF Resource; Interior Development Corporation; and Xxxx Contract Carpets (for carpet installation); (iii)

Appears in 1 contract

Samples: Office Lease Agreement (Drugstore Com Inc)

Landlord Work. Prior Tenant shall be permitted to the execution of this First Amendment, Landlord and Tenant have approved (i) use a detailed space plan for the construction of Landlord’s Work in the Premises, which space plan has been prepared by Studio O + A (“Final Approved Plan”) and (ii) a bid proposal for the construction of Landlord’s Work in the Premises, which bid proposal has been prepared by XX Xxxx Construction and is dated June 2, 2011 (Rev-2) (“Bid Proposal”). The Final Approved Plan and Bid Proposal are approved by the parties as of the Effective Date, are attached hereto collectively, as Exhibit “D-1” and hereby replaces the original Approved Plan attached patio area to the Lease as Exhibit “D-1”. Consequently, all references in the Work Letter to the “Approved Plan” shall mean and refer to the Final Approved Plan and Bid Proposal attached hereto as Exhibit “D-1”. Landlord agrees to construct the Landlord Work, pursuant to the terms and conditions set forth in the Work Letter and as depicted on the Approved Plan (as amended hereby). Landlord shall pay for the cost (including, the cost of obtaining all applicable building permits) of the design and construction of Landlord’s Work in an amount up to, but not exceeding, Two Hundred Twenty Two Thousand One Hundred Fifty and 00/100 Dollars ($222,150.00) plus any additional costs actually incurred be constructed by Landlord in excess of such $222,150.00 amount as a direct result of Landlordfor Tenant’s or Landlord’s contractor’s active negligence or willful misconduct or resulting from change order to the Approved Plans (as amended hereby) if such change order is initiated and executed by Landlord non-exclusive use (the “Landlord’s ContributionPatio”). Tenant shall not pay for all costs rent with respect to the Patio. The Patio shall be constructed at Landlord’s sole cost and using Landlord’s standard materials in excess conformance with the following: (a) the Patio will be located in the area located between the 2540 Building and the 3990 Building; (b) the Patio will be approximately 2500-3000 square feet; (c) the Patio will be similar in look, shape and feel of that of the existing patio located near the 3960 and 0000 Xxxxxxx Xxxxxx building; (d) the Patio shall be furnished by Landlord with a combination of soft seating and cafe/dining tables and chairs and/or benches and umbrellas using building standard materials, similar in look and feel of those currently in place at the patio located near 3960 and 0000 Xxxxxxx Xxxxxx. Prior to commencing construction of the Patio, Landlord shall provide Tenant a copy of the plans and specification for the Patio for Tenant’s review and comment. Landlord shall incorporate Tenant’s reasonable comments into the Patio design provided that (i) such comments are in conformity with the requirements set forth above, and (ii) the comments will not result in materially increased cost to construction the Patio (unless Tenant agrees to reimburse Landlord for the increase costs). In addition, during such review phase, Tenant may propose additional design enhancements to the plans and specifications to the Patio, including, without limitation, additional lighting on the pathway to the Patio, adding covering to the Patio, concealed speakers and screen, electrical outlets, etc. (“Design Enhancement”). Subject to Landlord’s Contribution (“Over Allowance Amount”) which payment reasonable approval, Landlord shall be made incorporate such Design Enhancements provided that Tenant agree to reimburse Landlord in cash within thirty (30) days after Tenant’s receipt of invoice therefor from Landlord. Payment for the additional costs to the Patio as a result of the Over-Allowance Amount Design Enhancements. Landlord and Tenant shall be cooperate, in addition good faith, to Tenant’s obligation to pay to Landlord the cost of any Aggregate Extras as provided in Section 4 develop a design of the Work LetterPatio and Design Enhancements that will be for the benefit of Landlord, Tenant and such other tenants or occupants who may use the Patio.

Appears in 1 contract

Samples: First Amendment (Chegg, Inc)

Landlord Work. Prior At a time mutually agreeable to the execution of this First AmendmentLandlord and Tenant, but in no event later than July 1, 2006, Landlord and Tenant have approved shall either (i) a detailed space plan for resurface and stripe the construction of Landlord’s Work in parking lot located at the PremisesBuilding, which space plan has been prepared by Studio O + A (“Final Approved Plan”) and or (ii) a bid proposal for pull the construction of Landlord’s Work weeds, fill in the Premises, which bid proposal has been prepared by XX Xxxx Construction and is dated June 2, 2011 (Rev-2) (“Bid Proposal”). The Final Approved Plan and Bid Proposal are approved by the parties as all of the Effective Datecracks, are attached hereto collectively, as Exhibit “D-1” seal and hereby replaces stripe the original Approved Plan attached to the Lease as Exhibit “D-1”. Consequently, all references in the Work Letter to the “Approved Plan” shall mean and refer to the Final Approved Plan and Bid Proposal attached hereto as Exhibit “D-1”. Landlord agrees to construct the Landlord Work, pursuant to the terms and conditions set forth in the Work Letter and as depicted on the Approved Plan (as amended hereby). Landlord shall pay for the cost (including, the cost of obtaining all applicable building permits) of the design and construction of Landlord’s Work in an amount up to, but not exceeding, Two Hundred Twenty Two Thousand One Hundred Fifty and 00/100 Dollars ($222,150.00) plus any additional costs actually incurred by Landlord in excess of such $222,150.00 amount as a direct result of Landlord’s or Landlord’s contractor’s active negligence or willful misconduct or resulting from change order to the Approved Plans (as amended hereby) if such change order is initiated and executed by Landlord parking lot (the “Landlord’s ContributionWork”). Landlord shall also pay to Tenant for the construction of the following improvements (the “Work”) the amount of actual costs incurred by Tenant for the such improvements during the term of the Lease up to Seventy Five Thousand Dollars ($75,000) (the “Landlord Contribution”): (i) develop an additional loading dock constructed substantially the same as the existing loading docks located on the southwest end of the Building, (ii) increase the size of the water lateral from 4” to 6”, (iii) develop a demising wall between the Premises and the Admanco Space, and (iv) increase the ceiling height within portions (approximately 1000 to 3000 square feet to be determined by Tenant) of the Building as required for the installation and use of Tenant’s manufacturing equipment. All of the work contemplated by this paragraph will be done by contractors directed by Tenant. Bids will be obtained by Tenant for the Work for Landlord’s approval prior to December 31, 2005. The Landlord Contribution shall be paid to Tenant in the form of a credit against the monthly payments of Base Rent first due under the Lease. Tenant shall pay for all costs in excess of the Landlord’s Contribution (“Over Allowance Amount”) which payment shall be made deliver to Landlord in cash within thirty (301) days after final lien waivers from all those who worked on or supplied materials to the project, 2) a certificate of substantial completion from Tenant’s receipt contractor, 3) an as-built set of invoice therefor plans for the Work, if the Work is performed or conducted in a manner that is materially different from the Work depicted in the plans approved by Landlord. Payment , 4) a list of all subcontractors and architects who worked on the Over-Allowance Amount shall be in addition to Premises, and 5) an accounting of Tenant’s obligation to pay to Landlord actual construction costs. EXHIBIT E ALLIANCE EXCLUSIVE PARKING Lease contains site plan diagram illustration that outlines the cost of any Aggregate Extras as provided in Section 4 of Alliance exclusive parking area. EXHIBIT F ADMANCO EXCLUSIVE PARKING Lease contains site plan diagram illustration that outlines the Work Letter.Admanco exclusive parking area. EXHIBIT G RECORDED COVENANTS AND RESTRICTIONS NONE

Appears in 1 contract

Samples: Lease (Alliance Laundry Corp)

Landlord Work. Prior Landlord has heretofore performed or caused to the execution of this First Amendmentbe performed, Landlord or agrees to hereafter perform or cause to be performed, at Landlord’s sole cost and Tenant have approved expense, (i) a detailed space plan for certain work identified in Part A of Exhibit A hereto, as well as the construction of Landlord’s Work requirements set forth in Section 4.C. hereof (herein, the Premises“Pre-Turnover Date Work”), which space plan has been prepared by Studio O + A (“Final Approved Plan”) and (ii) a bid proposal for certain work identified in Part B of Exhibit A hereto (herein, the construction of Landlord’s Work in the Premises, which bid proposal has been prepared by XX Xxxx Construction and is dated June 2, 2011 (Rev-2“Pre-Commencement Date Work”) (the Pre-Turnover Date Work and Pre-Commencement Date Work, collectively, the Bid ProposalLandlord Work”), all substantially in accordance with the Landlord Work outline specifications (“Landlord Work Outline Specifications”) set forth in Part A and Part B (as the case may be) of said Exhibit A, as such Landlord Work Outline Specifications have been or are hereafter developed into final design drawings and plans and specifications, and as further modified from time to time. For purposes of this Section, “Design Documents” shall mean the Landlord Work Outline Specifications as so developed into final design drawings and plans and specifications, and as further modified from time to time. Landlord Work Outline Specifications and Design Documents are subject to such variations as required by applicable laws and/or as determined by the Landlord, acting in good faith, to be appropriate. Landlord shall notify Tenant of any material adverse changes to the Design Documents which are not within the scope of the Landlord Work Outline Specifications (“Scope Changes”). The Final Approved Plan No Scope Changes shall be permitted which materially adversely affect Tenant’s rights and Bid Proposal are approved by the parties obligations as of the Effective Date, are attached hereto collectively, as Exhibit “D-1” and hereby replaces the original Approved Plan attached to the Lease as Exhibit “D-1”. Consequently, all references in the Work Letter to the “Approved Plan” shall mean and refer to the Final Approved Plan and Bid Proposal attached hereto as Exhibit “D-1”. Landlord agrees to construct the Landlord Work, pursuant to the terms and conditions set forth in the Work Letter this Lease, unless Landlord obtains Tenant’s consent thereto (which consent shall not be unreasonably withheld, conditioned or delayed, and as depicted on the Approved Plan which consent shall be deemed given if Tenant fails to respond to a request for such consent within five (as amended hereby5) business days following such request by Landlord, and such failure continues for an additional three (3) business days after a second request for such consent given by Landlord to Tenant). Landlord shall pay for the cost (including, the cost of obtaining all applicable building permits) of the design and construction of Landlord’s Work in an amount up to, but not exceeding, Two Hundred Twenty Two Thousand One Hundred Fifty and 00/100 Dollars ($222,150.00) plus any additional costs actually incurred by Landlord in excess of such $222,150.00 amount as a direct result of Landlord’s or Landlord’s contractor’s active negligence or willful misconduct or resulting from change order to the Approved Plans (as amended hereby) if such change order is initiated and executed by Landlord (the “Landlord’s Contribution”). Tenant shall pay for all costs in excess of the Landlord’s Contribution (“Over Allowance Amount”) which payment shall be made to Landlord in cash within thirty (30) days after Tenant’s receipt of invoice therefor from Landlord. Payment of the Over-Allowance Amount shall be in addition to Tenant’s obligation to pay to Landlord the cost of any Aggregate Extras as provided in Section 4 of the Work Letter.B.

Appears in 1 contract

Samples: Office Lease (Vivid Seats Inc.)

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Landlord Work. Prior to the execution of this First AmendmentAt Landlord’s sole cost and expense, Landlord shall perform the work described in Schedule 1 attached hereto (the "Landlord's Work") in the Building and Tenant have approved (i) a detailed space plan for the construction of Landlord’s Work in the Premises, which work may be performed in the Building and Premises concurrently with Xxxxxx's Improvements; provided, however, Landlord shall perform a portion of the Landlord's Work (the "Landlord Delivery Date Work") consisting of (i) demolishing the existing office improvements on the second floor of the Building per the space plan has been prepared by Studio O + A (“Final Approved Plan”) and attached as Schedule 1-A, (ii) a bid proposal for performing all required exterior accessibility work, including ADA parking and associated striping and signage, and (iii) completing the construction of Landlord’s Work in the Premises, which bid proposal has been prepared by XX Xxxx Construction and is dated June 2, 2011 (Rev-2) (“Bid Proposal”). The Final Approved Plan and Bid Proposal are approved by the parties as of the Effective Date, are attached hereto collectively, as Exhibit “D-1” and hereby replaces the original Approved Plan attached to the Lease as Exhibit “D-1”. Consequentlyrestroom work, all references in of which shall be Substantially Completed on or before the Work Letter to the “Approved Plan” shall mean and refer to the Final Approved Plan and Bid Proposal attached hereto Delivery Date. Except as Exhibit “D-1”. Landlord agrees to construct the Landlord Work, pursuant to the terms and conditions set forth in such Schedule 1, and the Lease, Tenant shall accept the Premises in its existing “as-is” condition. Landlord hereby appoints Xxxx Xxxxxxxxx (phone: (000) 000-0000, email: xxxxxxxxxx@xxxxxxxxxxxxxxx.xxx) as Landlord’s representative to act for Landlord in all matters covered by this Work Letter. Tenant hereby appoints Xxx Xxxxxx, Director of Facilities (cell: (000) 000-0000, email: xxx.xxxxxx@xxxxxx.xxx) as Xxxxxx’s representative to act for Tenant in all matters covered by this Work Letter. All inquiries, requests, instructions, authorizations and other communications with respect to the matters covered by this Work Letter shall be directed to Landlord’s representative or Tenant’s representative, as the case may be. Tenant will not make any inquiries of or request to, and as depicted on the Approved Plan (as amended hereby). Landlord shall pay for the cost (includingwill not give any instructions or authorizations to, the cost of obtaining all applicable building permits) of the design and construction any other employee or agent of Landlord, including Xxxxxxxx’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Work in an amount up to, but not exceeding, Two Hundred Twenty Two Thousand One Hundred Fifty and 00/100 Dollars ($222,150.00) plus Letter. Either Landlord or Tenant may change its representative at any additional costs actually incurred time by Landlord in excess of such $222,150.00 amount as a direct result of Landlord’s or Landlord’s contractor’s active negligence or willful misconduct or resulting from change order written notice to the Approved Plans (as amended hereby) if such change order is initiated and executed by Landlord (the “Landlord’s Contribution”)other. Tenant warrants and represents to Landlord that Xxxxxx’s representative is duly authorized to act on Tenant’s behalf with respect to all matters covered by this Work Letter, and agrees that Landlord and Xxxxxxxx’s Agents shall pay be entitled to rely on all requests, instructions, authorizations, approvals and other communications of any nature by, of or from such Tenant’s representative, it being agreed to by Tenant that such requests, instructions, authorizations, approvals and other communications shall be binding on Tenant for all costs in excess of the Landlord’s Contribution (“Over Allowance Amount”) which payment shall be made to Landlord in cash within thirty (30) days after Tenant’s receipt of invoice therefor from Landlord. Payment of the Over-Allowance Amount shall be in addition to Tenant’s obligation to pay to Landlord the cost of any Aggregate Extras as provided in Section 4 of the Work Letterpurposes.

Appears in 1 contract

Samples: Lease (Dexcom Inc)

Landlord Work. Prior to the execution of this First AmendmentAt Landlord’s sole cost and expense, Landlord and Tenant have approved shall perform the work described in Schedule 1 attached hereto (i) a detailed space plan for the construction of Landlord’s Work Work”) in the Building and in the Premises, which space plan has been prepared by Studio O + A (“Final Approved Plan”) and (ii) a bid proposal for the construction of Landlord’s Work work may be performed in the PremisesBuilding and Premises concurrently with Xxxxxx’s Improvements; provided, which bid proposal has been prepared by XX Xxxx Construction and is dated June 2however, 2011 (Rev-2) (“Bid Proposal”). The Final Approved Plan and Bid Proposal are approved by the parties as of the Effective Date, are attached hereto collectively, as Exhibit “D-1” and hereby replaces the original Approved Plan attached to the Lease as Exhibit “D-1”. Consequently, all references in the Work Letter to the “Approved Plan” shall mean and refer to the Final Approved Plan and Bid Proposal attached hereto as Exhibit “D-1”. Landlord agrees to construct the Landlord Work, pursuant to the terms and conditions set forth in the Work Letter and as depicted on the Approved Plan (as amended hereby). Landlord shall pay for the cost (including, the cost of obtaining all applicable building permits) of the design and construction of Landlord’s Work in an amount up to, but not exceeding, Two Hundred Twenty Two Thousand One Hundred Fifty and 00/100 Dollars ($222,150.00) plus any additional costs actually incurred by Landlord in excess of such $222,150.00 amount as perform a direct result of Landlord’s or Landlord’s contractor’s active negligence or willful misconduct or resulting from change order to the Approved Plans (as amended hereby) if such change order is initiated and executed by Landlord (the “Landlord’s Contribution”). Tenant shall pay for all costs in excess portion of the Landlord’s Contribution Work (the Over Allowance AmountLandlord Delivery Date Work”) consisting of (i) demolishing the existing office improvements on the second floor of the Building per the space plan attached as Schedule 1-A, (ii) performing all required exterior accessibility work, including ADA parking and associated striping and signage, and (iii) completing the restroom work, all of which payment shall be made Substantially Completed on or before the Delivery Date. Except as set forth in such Schedule 1, and the Lease, Tenant shall accept the Premises in its existing “as-is” condition. Landlord hereby appoints Xxxx Xxxxxxxxx (phone: (000) 000-0000, email: xxxxxxxxxx@xxxxxxxxxxxxxxx.xxx) as Landlord’s representative to act for Landlord in all matters covered by this Work Letter. Tenant hereby appoints Xxx Xxxxxx, Director of Facilities (cell: (000) 000-0000, email: xxx.xxxxxx@xxxxxx.xxx) as Xxxxxx’s representative to act for Tenant in all matters covered by this Work Letter. All inquiries, requests, instructions, authorizations and other communications with respect to the matters covered by this Work Letter shall be directed to Landlord’s representative or Tenant’s representative, as the case may be. Tenant will not make any inquiries of or request to, and will not give any instructions or authorizations to, any other employee or agent of Landlord, including Xxxxxxxx’s architects, engineers, and contractors or any of their agents or employees, with regard to matters covered by this Work Letter. Either Landlord or Tenant may change its representative at any time by written notice to the other. Tenant warrants and represents to Landlord in cash within thirty (30) days after that Xxxxxx’s representative is duly authorized to act on Tenant’s receipt of invoice therefor from Landlord. Payment of the Over-Allowance Amount behalf with respect to all matters covered by this Work Letter, and agrees that Landlord and Xxxxxxxx’s Agents shall be in addition entitled to rely on all requests, instructions, authorizations, approvals and other communications of any nature by, of or from such Tenant’s obligation representative, it being agreed to pay to Landlord the cost of any Aggregate Extras as provided in Section 4 of the Work Letterby Tenant that such requests, instructions, authorizations, approvals and other communications shall be binding on Tenant for all purposes.

Appears in 1 contract

Samples: Lease (Dexcom Inc)

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