LEED Certification. Tenant agrees to cooperate with Landlord and to comply with reasonable measures implemented by Landlord with respect to the Building and/or the Project in connection with Landlord’s efforts to obtain a Leadership in Energy and Environmental Design (LEED) certificate for the base, shell and core of the Building. Any reasonable measure implemented in accordance with the foregoing will be at minimal or no cost to Tenant, will be performed so as to minimize any interference with Tenant’s use and enjoyment of the Premises, and will not require Tenant to make any substantial changes to its business operations for the Permitted Use in the Premises nor materially increase the cost of such business operations. Notwithstanding anything to the contrary contained in this paragraph, Landlord shall not be precluded from undertaking any retrofits, repairs or replacements (including, without limitation, capital repairs and replacements) to the Premises or the Building as part of Operating Expenses in the ordinary course of maintenance or repairs (including, without limitation, capital repairs and replacements) to the Premises or the Building, which retrofits, repairs or replacements include LEED components or satisfy LEED rating systems or any similar standard in connection with the performance by Landlord of its obligations under this Lease so long as the cost of such LEED items is reasonably comparable to the cost of non-LEED components, taking into account any reasonably anticipated savings resulting from LEED components over the remaining Term of this Lease. Tenant shall have the right, at Tenant’s sole cost and expense or utilizing the TI Allowance, to pursue a LEED certification of the Tenant Improvements, and Landlord will cooperate, at minimal or no cost to Landlord, with Tenant’s efforts to pursue such certification. Net Multi-Tenant Laboratory 00000 X. Xxxxxx Pines/Ligand - Page 34
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Samples: Lease Agreement, Lease Agreement (Ligand Pharmaceuticals Inc)
LEED Certification. Tenant agrees Construction Manager acknowledges that Owner may apply for LEED certification for the Project. Construction Manager shall have on staff a LEED Accredited Professional (“LEED AP”) who has experience in constructing LEED certified projects and shall, as requested by Owner, administer the LEED certification process using its best efforts to cooperate with Landlord Architect and assist the Owner to comply with reasonable measures implemented by Landlord with respect to achieve the Building and/or the Project in connection with Landlord’s efforts to obtain a Leadership in Energy and Environmental Design (LEED) certificate desired LEED certification for the base, shell and core Project. The LEED AP must be an integral part of the Buildingconstruction management team for the Project. Any reasonable measure implemented In lieu of a LEED AP on staff, Construction Manager may employ a LEED AP with a minimum experience in completing two (2) LEED certified projects to satisfy the requirements of this section. Notwithstanding the foregoing, the LEED certification process is administered by an independent third party, the Green Building Certification Institute, and the parties hereto acknowledge that the outcome of the LEED certification process is uncertain, is not controlled by Construction Manager, and is not guaranteed by Construction Manager. Construction Manager represents that it is familiar with the requirements for LEED certification and with the Contract Documents. Construction Manager shall perform the Work in accordance with the foregoing will be at minimal or no cost LEED checklist to Tenant, will be performed so as to minimize any interference the extent that such checklist and criteria therein are consistent with Tenant’s use and enjoyment the requirements of the PremisesContract Documents, including but not limited to LEED criteria which relate to procurement of materials, on-site installation practices and will not require Tenant to make any substantial changes to its business operations construction waste management. To the extent that Construction Manager is aware of, or becomes aware of a conflict between the Contract Documents and the requirements for the Permitted Use in applicable LEED certification, Construction Manager shall immediately advise Owner and Architect of the Premises nor materially increase conflict. Construction Manager shall also collect from its material suppliers, subcontractors and other third parties performing Work on or for the cost of such business operationsProject, all documentation necessary to support the LEED certification level set by Owner for the Project. Notwithstanding anything Except with respect to Construction Manager’s affirmative obligation to report discrepancies between the contrary contained in this paragraphLEED criteria and the Contract Documents as required above, Landlord Owner acknowledges that Construction Manager shall not be precluded from undertaking responsible for design elements in the Contract Documents that conflict with LEED criteria, except to the extent that Construction Manager also serves as design-builder with respect to any retrofitsportion of the Project. All costs incurred by Construction Manager in complying with the LEED checklist, repairs or replacements (including, without limitation, capital repairs and replacements) to the Premises or the Building as part of Operating Expenses in the ordinary course of maintenance or repairs (including, without limitation, capital repairs and replacements) to the Premises or the Building, which retrofits, repairs or replacements include LEED components or satisfy LEED rating systems or any similar standard in connection with the performance by Landlord of its obligations under this Lease so long as the cost of such LEED items is reasonably comparable to the cost of non-LEED components, taking into account any reasonably anticipated savings resulting from LEED components over the remaining Term of this Lease. Tenant shall have the right, at Tenant’s sole cost and expense or utilizing the TI Allowance, to pursue retaining a LEED certification consultant, shall be part of the Tenant Improvements, and Landlord will cooperate, at minimal or no cost to Landlord, with Tenant’s efforts to pursue such certification. Net Multi-Tenant Laboratory 00000 X. Xxxxxx Pines/Ligand - Page 34Cost of the Work as that term is defined in Section
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LEED Certification. Tenant agrees to cooperate with Landlord and to comply with reasonable measures implemented by Landlord with respect to the Building and/or the Project in connection with Landlord’s efforts to obtain a Leadership in Energy and Environmental Design (LEED) certificate for the baseBuildings and/or the Project, shell and core of the Buildingincluding any measures implemented by Landlord in connection with any Solar Roof Systems installed by Landlord. Any reasonable measure measures implemented in accordance with the foregoing will be at minimal or no cost to TenantTenant (except to the extent provided in the Tenant Work Letter with respect to the Utility Savings Upgrades), will be performed so as to minimize any interference with Tenant’s use and enjoyment of the Premises, and will not require Tenant to make any substantial changes to its business operations for the Permitted Use in the Premises nor materially increase the cost of such business operations. Notwithstanding anything to the contrary contained in this paragraph, Landlord shall not be precluded from undertaking any retrofits, repairs or replacements (including, without limitation, capital repairs and replacements) to the Premises or the Building as part of Operating Expenses in the ordinary course of maintenance or repairs (including, without limitation, capital repairs and replacements) to the Premises or the Building, which retrofits, repairs or replacements include LEED components or satisfy LEED rating systems or any similar standard in connection with the performance by Landlord of its obligations under this Lease so long as the cost of such LEED items is reasonably comparable to the cost of non-LEED components, taking into account any reasonably anticipated savings resulting from LEED components over the remaining Term of this Lease. Tenant shall have the right, at Tenant’s sole cost and expense or utilizing the TI Tenant Improvement Allowance, to pursue a LEED certification of the Tenant Improvements, and Landlord will cooperate, at minimal or no cost to Landlord, with Tenant’s efforts to pursue such certification. Net Multi-Tenant Laboratory 00000 X. Xxxxxx Pines/Ligand - Page 34.
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Samples: Lease Agreement (Verenium Corp)
LEED Certification. Tenant agrees Construction Manager acknowledges that Owner may apply for LEED certification for the Project. Construction Manager shall have on staff a LEED Accredited Professional (“LEED AP”) who has experience in constructing LEED certified projects and shall, as requested by Owner, administer the LEED certification process using its best efforts to cooperate with Landlord Architect and assist the Owner to comply with reasonable measures implemented by Landlord with respect to achieve the Building and/or the Project in connection with Landlord’s efforts to obtain a Leadership in Energy and Environmental Design (LEED) certificate desired LEED certification for the base, shell and core Project. The LEED AP must be an integral part of the Buildingconstruction management team for the Project. Any reasonable measure implemented In lieu of a LEED AP on staff, Construction Manager may employ a LEED AP with a minimum experience in completing two (2) LEED certified projects to satisfy the requirements of this section. Notwithstanding the foregoing, the LEED certification process is administered by an independent third party, the Green Building Certification Institute, and the parties hereto acknowledge that the outcome of the LEED certification process is uncertain, is not controlled by Construction Manager, and is not guaranteed by Construction Manager. Construction Manager represents that it is familiar with the requirements for LEED certification and with the Contract Documents. Construction Manager shall perform the Work in accordance with the foregoing will be at minimal or no cost LEED checklist to Tenant, will be performed so as to minimize any interference the extent that such checklist and criteria therein are consistent with Tenant’s use and enjoyment the requirements of the PremisesContract Documents, including but not limited to LEED criteria which relate to procurement of materials, on-site installation practices and will not require Tenant to make any substantial changes to its business operations construction waste management. To the extent that Construction Manager is aware of, or becomes aware of a conflict between the Contract Documents and the requirements for the Permitted Use in applicable LEED certification, Construction Manager shall immediately advise Owner and Architect of the Premises nor materially increase conflict. Construction Manager shall also collect from its material suppliers, subcontractors and other third parties performing Work on or for the cost of such business operationsProject, all documentation necessary to support the LEED certification level set by Owner for the Project. Notwithstanding anything Except with respect to Construction Manager's affirmative obligation to report discrepancies between the contrary contained in this paragraphLEED criteria and the Contract Documents as required above, Landlord Owner acknowledges that Construction Manager shall not be precluded from undertaking responsible for design elements in the Contract Documents that conflict with LEED criteria, except to the extent that Construction Manager also serves as design-builder with respect to any retrofitsportion of the Project. All costs incurred by Construction Manager in complying with the LEED checklist, repairs or replacements (including, without limitation, capital repairs and replacements) to the Premises or the Building as part of Operating Expenses in the ordinary course of maintenance or repairs (including, without limitation, capital repairs and replacements) to the Premises or the Building, which retrofits, repairs or replacements include LEED components or satisfy LEED rating systems or any similar standard in connection with the performance by Landlord of its obligations under this Lease so long as the cost of such LEED items is reasonably comparable to the cost of non-LEED components, taking into account any reasonably anticipated savings resulting from LEED components over the remaining Term of this Lease. Tenant shall have the right, at Tenant’s sole cost and expense or utilizing the TI Allowance, to pursue retaining a LEED certification consultant, shall be part of the Tenant Improvements, and Landlord will cooperate, at minimal or no cost to Landlord, with Tenant’s efforts to pursue such certification. Net Multi-Tenant Laboratory 00000 X. Xxxxxx Pines/Ligand - Page 34Cost of the Work as that term is defined in Section
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LEED Certification. Tenant agrees Construction Manager acknowledges that Owner may apply for LEED certification for the Project. Construction Manager shall have on staff a LEED Accredited Professional (“LEED AP”) who has experience in constructing LEED certified projects and shall, as requested by Owner, administer the LEED certification process using its best efforts to cooperate with Landlord Architect and assist the Owner to comply with reasonable measures implemented by Landlord with respect to achieve the Building and/or the Project in connection with Landlord’s efforts to obtain a Leadership in Energy and Environmental Design (LEED) certificate desired LEED certification for the base, shell and core Project. The LEED AP must be an integral part of the Buildingconstruction management team for the Project. Any reasonable measure implemented In lieu of a LEED AP on staff, Construction Manager may employ a LEED AP with a minimum experience in completing two (2) LEED certified projects to satisfy the requirements of this section. Notwithstanding the foregoing, the LEED certification process is administered by an independent third party, the Green Building Certification Institute, and the parties hereto acknowledge that the outcome of the LEED certification process is uncertain, is not controlled by Construction Manager, and is not guaranteed by Construction Manager. Construction Manager represents that it is familiar with the requirements for LEED certification and with the Contract Documents. Construction Manager shall perform the Work in accordance with the foregoing will be at minimal or no cost LEED checklist to Tenant, will be performed so as to minimize any interference the extent that such checklist and criteria therein are consistent with Tenant’s use and enjoyment the requirements of the PremisesContract Documents, including but not limited to LEED criteria which relate to procurement of materials, on-site installation practices and will not require Tenant to make any substantial changes to its business operations construction waste management. To the extent that Construction Manager is aware of, or becomes aware of a conflict between the Contract Documents and the requirements for the Permitted Use in applicable LEED certification, Construction Manager shall immediately advise Owner and Architect of the Premises nor materially increase conflict. Construction Manager shall also collect from its material suppliers, subcontractors and other third parties performing Work on or for the cost of such business operationsProject, all documentation necessary to support the LEED certification level set by Owner for the Project. Notwithstanding anything Except with respect to Construction Manager‟s affirmative obligation to report discrepancies between the contrary contained in this paragraphLEED criteria and the Contract Documents as required above, Landlord Owner acknowledges that Construction Manager shall not be precluded from undertaking responsible for design elements in the Contract Documents that conflict with LEED criteria, except to the extent that Construction Manager also serves as design-builder with respect to any retrofitsportion of the Project. All costs incurred by Construction Manager in complying with the LEED checklist, repairs or replacements (including, without limitation, capital repairs and replacements) to the Premises or the Building as part of Operating Expenses in the ordinary course of maintenance or repairs (including, without limitation, capital repairs and replacements) to the Premises or the Building, which retrofits, repairs or replacements include LEED components or satisfy LEED rating systems or any similar standard in connection with the performance by Landlord of its obligations under this Lease so long as the cost of retaining a LEED consultant, shall be part of the Cost of the Work as that term is defined in Section 6.1 of this Agreement. Except with respect to Construction Manager‟s express obligations regarding the LEED checklist and the LEED certification process set forth in this Section 11.1, Construction Manager makes no representation or warranty to Owner with respect to whether (a) the Contract Documents design a project which will result in LEED certification for the Project being granted, (b) any LEED certification will be obtained regardless of whether construction of the Project in compliance with the Contract Documents should entitle the Project to such certification, or (c) any of the Owner‟s anticipated benefits of the Project achieving any LEED items is reasonably comparable to the cost of non-certification will be obtained. Application for and obtaining any LEED components, taking certification shall not be taken into account for the purpose of determining whether Substantial Completion of the Project (or any reasonably anticipated savings resulting phase thereof) has been achieved. Application for and obtaining of any LEED certification shall be taken into account for the purpose of determining whether Final Completion of the Project has been achieved, although failure of the Project to receive the applicable level of LEED certification after all avenues for appeal of such decision have been exhausted shall not preclude the Project from LEED components over being considered finally complete nor prevent release of retainage and Final Payment to Construction Manager in accordance with Article 33 of the remaining Term WU General Conditions. (The remainder of this Leasepage is intentionally left blank.) FAILURE OF THIS CONSTRUCTION MANAGER TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC'S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429, RSMO. Tenant shall have the rightTO AVOID THIS RESULT YOU MAY ASK THIS CONSTRUCTION MANAGER FOR "LIEN WAIVERS" FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL TWICE. WHEREFORE, at Tenant’s sole cost and expense or utilizing the TI Allowance, to pursue a LEED certification this Agreement is entered into as of the Tenant Improvements, day and Landlord will cooperate, at minimal or no cost to Landlord, with Tenant’s efforts to pursue such certificationyear first above written. Net Multi-Tenant Laboratory 00000 X. Xxxxxx Pines/Ligand - Page 34OWNER THE WASHINGTON UNIVERSITY [Name] [Title] CONSTRUCTION MANAGER [Name] [Title] EXHIBIT A
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