LESSEE'S WORK. 21.1 The Lessee acknowledges that it will not be granted access to the leased premises until such time as the agreement of lease has been signed and the deposit, stamp duty, lease fee, pro-rata rental if applicable, and the first month’s rental has been paid to the Lessor.
LESSEE'S WORK. Unless specified otherwise herein, Lessee shall bear and pay the cost of the Lessee’s Work (which cost shall include, without limitation, the costs of construction as provided for in the Tenant Improvement Contractor’s contract, the cost of permits, and all architectural, design, space planning, and engineering services obtained by Lessee in connection with Lessee’s Work, laboratory and office improvements, break rooms with appropriate sinks/cabinetry, wiring and cabling costs, and cubicle costs); provided that so long as Lessee is not in monetary or material non-monetary default under the Lease, Lessor shall contribute a maximum of $85 per rentable square foot, for an aggregate maximum (based on total Premises RSF of 231,841) of $19,706,485 (the “Tenant Improvement Allowance”), which may be utilized for all hard and soft costs of Lessee’s Work (and if applicable, the cost of the new sanitary sewer line described in Section 54 of the Lease), including architectural and engineering fees, but not for moving expenses, furniture, fixtures & equipment, and wiring and cabling except as described in the balance of this paragraph. The foregoing shall not be read to prevent Tenant from curing the applicable default and then being entitled to the applicable disbursement(s) once the default is cured if such cure is completed within the applicable cure period, if any, expressly set forth in this Work Letter or the Lease. Up to an aggregate maximum of 25% of any unused Tenant Improvement Allowance may be used by Lessee for payment of Basic Monthly Rent, reimbursement of moving expenses, wiring and cabling, specialty consultants, signage costs, and the acquisition and installation of furniture, fixtures & equipment. Except for a $75,000 oversight fee, Lessor shall not be entitled to impose a charge of any kind for general conditions, profit, overhead or supervision in connection with the construction or review of Lessee’s Work, unless said review requires an outside, specialty consultant such as a structural engineering firm. EXHIBIT B Building D
LESSEE'S WORK. Lessee, at its own cost and subject to all of the terms of this Lease (other than the obligation to pay the Net Rent and other charges hereunder prior to the commencement of the Term), may perform work in the Building concurrently with Lessor's work, to fit the Building for Lessee's occupancy, provided Lessee's work does not interfere with Lessor's work; Lessee's work may be performed through Lessor's contractor or, if no labor discord would be caused thereby, through Lessee's own contractor. Lessee shall not allow any liens or encumbrances of any kind to lie attached to or placed upon the Premises as a result of Lessee's work and in the event such liens or encumbrances are discovered, Lessee agrees to promptly satisfy and remove same, Lessee hereby agrees to hold Lessor harmless from and against any liens caused by Lessee, and Lessee shall reimburse Lessor upon demand for any costs and expenses incurred in connection with any such lien, including without limitation attorneys' fees. Any action by Lessee to take full or partial occupancy to fit the Building for Lessee's occupancy pursuant to this Paragraph 53 shall not advance the Commencement Date from what would otherwise apply pursuant to this lease.
LESSEE'S WORK. The Lessee shall complete, at its own cost and expense, the Premises in accordance with the specifications as set out in Schedule "C" attached hereto, in a good and workmanlike manner.
LESSEE'S WORK. If Lessee desires any Alterations and/or Utility Installations to the Premises ("LESSEE'S WORK" herein), Lessee shall comply with all of the terms and provisions of this Lease including but not limited to PARAGRAPH 6 of this Lease. Lessee shall construct all of such Lessee's Work at Lessee's sole cost and expense, except as hereinafter provided. Lessor hereby agrees to provide Lessee with an Allowance in the total amount of One Hundred Twelve Thousand Six Hundred Eighty Dollars ($112,680.00), subject to PARAGRAPH 52.7, so that Lessee shall perform the following as part of Lessee's Work:
LESSEE'S WORK. Lessee shall apply for and maintain in full force and effect (or cause Lessee's General Contractor to apply for and so maintain) all Construction Authorizations required for the construction of Lessee's Work, and upon completion of Lessee's Work shall obtain a permanent and unconditional certificate of occupancy for the Leased Premises from the appropriate governmental authority. Lessee shall deliver to Lessor a copy of said certificate of occupancy promptly after receiving the same. Promptly after receiving all Construction Authorizations required for Lessee's Work, Lessee shall cause Lessee's General Contractor to commence construction and diligently to proceed to completion thereof. All construction shall be performed in a good and workmanlike manner, using new materials and in compliance with the Working Drawings, the Construction Authorizations, and all Legal Requirements and Insurance Requirements. Lessee shall pay promptly for all labor and materials supplied to Lessee in connection with Lessee's Work, shall not cause or permit any liens for such labor or materials to attach to the Leased Premises, and shall bond or discharge any such lien which may be filed or recorded within fifteen (15) days after Lessee receives actual notice of such filing or recording. The construction of Lessee's Work shall be subject to the requirements set forth in Section 11 of the Lease. Lessor may, at Lessor's sole expense, inspect such work at any time or times and shall promptly give notice to Lessee of any observed defects. Lessee shall indemnify, defend and hold harmless Lessor from and against any and all liability, damage, penalties or judgments and from and against any claims, actions, proceedings and expenses and costs in connection therewith, including reasonable attorneys' fees, arising out of or resulting from any defect in the design or construction of Lessee's Work. Lessee shall obtain from Lessee's General Contractor a guaranty against construction defects for a period of not less than one (1) year.
LESSEE'S WORK. The Lessee shall perform the work set out in Schedule “C” hereof. Lessor shall contribute up to a maximum of One Hundred and Twenty-Five Thousand Dollars ($125,000) towards said work, to be disbursed to the Lessee upon presentation of relevant receipts; any expense incurred over and above One Hundred and Twenty-Five Thousand Dollars ($125,000) shall be assumed solely by the Lessee.
LESSEE'S WORK. Subject to delays caused by Lessor or for reasons beyond Lessee's control (excluding the inability of Lessee to make any monetary payment), Lessee shall promptly commence and pursue in good faith to completion any Lessee's Work identified in EXHIBIT E attached hereto. Subject to reimbursement for a portion of the costs of Lessee's Work pursuant to EXHIBIT E, all of the costs and expenses incurred by Lessee in performing Lessee's Work shall be paid by Lessee. Lessee's Work shall be performed in accordance with the provisions of EXHIBIT E below. Lessee's Work shall be completed and the Premises ready for occupancy no later than one hundred eighty (180) days after the Occupancy Date. Base Rent shall commence being due and payable on a monthly basis on the Base Rent Commencement Date regardless whether the Lessee's Work has been completed by that time.
LESSEE'S WORK. Lessee, at its sole cost and expense {hereinafter "Lessee's Work"), and in accordance with specifications reasonably approved by Lessor, shall perform such work necessary to deliver petroleum products to Lessee's Pipeline at Orla at a design pressure of 1,400 psi and at initial minimum delivery rates of 1,700 barrels per hour (BPH) with ultimate expandability to 3,000 BPH. Lessee's Work shall include SCADA system controllable by Lessor, meters, tankage and all other necessary work to insure optimum capacity utilization of that portion of the pipeline running from Artesia, New Mexico to Orla, Texas and the pipeline. Lessor shall have final approval of Lessee's Work to insure this optimum utilization. Lessee covenants and agrees to perform Lessee's Work as herein described in a good and workmanlike manner, in accordance with applicable laws and industry standards.
