Common use of LESSEE'S WORK Clause in Contracts

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

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Myriad Genetics Inc)

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LESSEE'S WORK. Unless specified otherwise hereinLessee intends to make initial alterations and improvements to the Demised Premises (such initial alterations and improvements are referred to herein as “Lessee’s Work”). Prior to the commencement of any construction of any of Lessee’s Work, Lessee shall bear submit to Lessor for approval complete architectural plans and pay the cost of the specifications for Lessee’s Work (the “Plans and Specifications”), prepared by a reputable and competent professional architect or engineer appointed by Lessee and which cost shall include, without limitation, the costs of construction as provided for is licensed to practice in the Tenant Improvement Contractor’s contract, State of Ohio. Lessor will pay for all costs associated with the cost of permits, initial architectural space plans and all architecturalrevisions in order to provide Lessor the required Plans and Specifications up to but not in excess of Twelve Thousand and 00/100 Dollars ($12,000.00) (such costs are based upon a proposal submitted to Lessor by Lessee’s architect dated August 28, design, space planning, 2006 for such architectural services). There shall be no charge by Lessor for the review of such Plans and engineering services obtained by Lessee in connection Specifications or any inspections that Lessor deems necessary with regard to Lessee’s Work. Lessee may, laboratory and office improvementsat its election, break rooms with appropriate sinks/cabinetrysubject to Lessor’s approval (which such approval shall not be unreasonably withheld, wiring and cabling costs, and cubicle costs); provided that so long as Lessee is not in monetary conditioned 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”delayed), which may be utilized select a general contractor for all hard and soft costs the completion of Lessee’s Work (“Lessee’s GC”). To maintain continuity between the base building systems and if applicable, the cost of system in the new sanitary sewer line described in Section 54 of Demised Premises (which the Leaseparties acknowledge will provide for a more efficient and productive system), including architectural and engineering feesLessor recommends that Lessee’s GC use the same mechanical, but not for moving expenses, furniture, fixtures electrical & equipment, and wiring and cabling except plumbing subcontractors (“MEP Contractors”) 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 Lessor 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 Base Building Improvements to complete any alterations or improvements associated with any mechanical, electrical and plumbing systems that are a part of Lessee’s Work. Lessee may, however, at its option, select a different MEP Contractor or Contractors for Lessee’s Work. Prior to the commencement of any construction by Lessee or review Lessee’s GC, Lessee or Lessee’s GC must provide the appropriate insurance and permit documentation reasonably required by Lessor for all of such work. As part of Lessee’s Work, unless said Lessee shall have the right to install (i) internal stairways in the Demised Premises and (ii) equipment on the existing truck ramp located on the Vine Street side of the Building (located south of the valet ramp); provided that in connection with all such work, Lessee shall have obtained Lessor’s approval, such work shall be in accordance with the Plans and Specifications and Lessee shall have obtained any necessary permit/approvals from the applicable governing authorities. If Lessee intends to construct a kitchen in the Demised Premises as part of Lessee’s Work, Lessee shall submit plans and specifications for such use to Lessor for Lessor’s review requires an outsideand approval, specialty consultant such as approval to be in Lessor’s sole discretion. During the construction of Lessee’s Work, Lessee and Lessee’s GC must coordinate use of the Building’s freight elevators with Lessor, which Lessor shall make all reasonable efforts to make available to Lessee. Lessor will not charge a structural engineering firm. EXHIBIT B Building Dfee for the operation of such freight elevators during normal business hours.

Appears in 1 contract

Samples: Lease Agreement (Kendle International Inc)

LESSEE'S WORK. Unless specified otherwise herein50.1 Approval of Lessee’s Plans, Specifications and Contractor. Within the earlier of (1) one year following execution of the Lease or (2) 180 days following funding of the sale of Lessee’s Series C Preferred Stock, Lessee shall bear cause to be prepared and pay delivered to Lessor (1) preliminary space plan drawings and (2) preliminary specifications for the cost improvements, fixtures and equipment to be installed into the Premises. Within five business days following Lessor’s receipt of the Lesseepreliminary plans and specifications, Lessor shall provide to Lessee approval of such preliminary plans and specifications unless Lessor has a reasonable and material objection thereto. Within 90 days following Lessor’s Work approval of the preliminary plans and specifications, Lessee shall cause to be prepared and delivered to Lessor (which cost 1) working plans that are sufficiently detailed in order to apply for and obtain a building permit for the interior improvements to the Premises that shall includebe based upon the preliminary plans previously approved by Lessor and (2) final specifications for the improvements, without limitationfixtures and equipment to be installed into the Premises that shall be based upon the preliminary specifications previously approved by Lessor. Within five business days following Lessor’s receipt of the working plans and specifications, Lessor shall approve such plans and specifications unless Lessor has a reasonable and material objection thereto. Following Lessor’s approval of the costs working plans and specifications, Lessee shall submit the working plans and specifications to the Building Inspection Department of the City of San Diego for the purpose of obtaining a building permit for the construction as provided for of the work described in the Tenant Improvement Contractor’s contract, the cost of permits, working plans and all architectural, design, space planning, and engineering services obtained by Lessee in connection with specifications (hereinafter “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”). If, which may be utilized for all hard and soft costs during the course 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, Lessee determines that it is necessary or desirable to make a material change to the working plans and specifications, then such proposed change shall be first submitted to Lessor for Lessor’s review and approval, which shall not be unreasonably withheld or delayed. Prior to commencement of Lessee’s Work, Lessee shall submit to Lessor the name, telephone number, license number and contact representative for the general contractor that Lessee intends to use to accomplish Lessee’s Work. Within three business days following Lessor’s receipt of such information concerning the proposed general contractor, Lessor shall approve Lessee’s selection of the general contractor unless said review Lessor has a reasonable and material objection thereto. If Lessor’s lender that is furnishing all or a portion of the funds for Lessor’s Allowance requires an outsidesimilar rights of approval of the plans, specialty consultant specifications and/or contractor, Lessee shall cooperate with Lessor to satisfy such as a structural engineering firm. EXHIBIT B Building Dlender’s reasonable requests for information and requirements for approval.

Appears in 1 contract

Samples: www.sec.gov

LESSEE'S WORK. Unless specified otherwise hereinExcept as expressly provided herein to the contrary, Lessee shall bear and pay accept the cost of the Lessee’s Work (which cost Premises "as is". Such term shall include, without limitation, the costs of construction as provided for mean in the Tenant Improvement Contractor’s contract, same condition and repair in which the cost of permits, and prior tenant vacated such space.. Lessee shall be responsible for 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 work 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 necessary to convert the Premises (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 paragraphLarger Premises) to Lessee's requirements. 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 responsible for performing any work with respect to impose a charge of any kind for general conditionssuch space. Any work, profit, overhead changes or supervision improvements made to such space shall be performed at Lessee's expense in connection accordance with the construction or review terms of this Lease.* Notwithstanding anything hereinabove to the contrary, Lessor shall, at its sole cost and expense, perform the following work in the Building and Office Building Area: (i) provide a Code compliant connection to the Building's fire panel on the third floor, (ii) refurbish the Building's elevator cabs to a first class standard using building standard material, (iii) touch-up the Building's lobby and common areas, (iv) upgrade the outside landscaping, and (v) install a ground mounted sign (the location, size and design of which shall be determined by Lessor) for Lessee and other tenants of the Building, and Lessee shall reimburse Lessor one-third of the cost thereof.* Notwithstanding anything hereinabove to the contrary, Lessee (a) shall have the right, at Lessee's cost and expense, as part of Lessee’s Work's work, unless said review requires an outsidesubject to Lessor's approval of the plans therefor and compliance with all applicable laws and codes, specialty consultant to build a lobby area surrounding the elevator that opens solely into the Premises in the south lobby of the Building and Lessee shall have the exclusive right to use such south lobby area and restrooms therein, and (b) shall have the obligation, at Lessee's cost and expense, as a structural engineering firm. EXHIBIT B Building Dpart of Lessee's work, subject to Lessor's approval of the plans therefor and compliance with all applicable laws and codes, to refurbish all third floor bathrooms (including common bathrooms) to be Code compliant including compliant with the Americans with Disabilities Act.*

Appears in 1 contract

Samples: Agreement (Movado Group Inc)

LESSEE'S WORK. Unless specified otherwise hereinLessee shall build out the Premises in a workmanlike, lien free manner in compliance with all applicable laws, codes and ordinances and in accordance with plans and specifications approved by Lessor (such build out, the “Lessee’s Work”). Within fourteen (14) days after the Commencement Date, Lessee shall bear deliver a complete copy of such plans and pay specifications to Lessor for Lessor’s approval, which approval shall not be unreasonably withheld. Lessor shall have ten (10) days to approve such plans and specifications (as approved by Lessor, the cost “Lessee’s Plans and Specifications”). Lessee shall not modify or amend the Lessee’s Plans and Specifications without the prior approval of Lessor; provided, however, Lessor’s approval to any such modification or amendment shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, no modification or amendment to the Lessee’s Plans and Specifications or other change order approved by Lessor shall be deemed to increase the amount of the Lessor’s Contribution (as defined in the Special Stipulations attached hereto) or in any manner impose or give rise to any obligations of Lessor with respect thereto other than Lessor’s obligation to make the Lessor’s Contribution. In addition to any other insurance coverage or policies Lessee is required to carry pursuant to the terms of this Lease, at all times during the construction of the Lessee’s Work and until such time as Lessee achieves Substantial Completion (as defined in Section 13 below) Lessee shall maintain a policy of builders’ risk insurance in form, substance and insured amounts reasonably satisfactory to Lessor. Such policy shall name Lessor as an additional insured and shall require not less than thirty (30) days prior notice to Lessor of any cancellation or change in coverage. Such policy shall that such policy shall be primary without tight of contribution from any insurance that may be carried by Lessor or Lessee and that all of the provisions thereof, except limits of liability, shall operate in the same manner as if there were a separate policy of insurance covering each insured. Prior to commencement of the Lessee’s Work Lessee shall deliver to Lessor such insurance certificates and other evidence as Lessor may reasonably require showing that the foregoing insurance policy is in effect. Upon the prior approval by Lessor of any proposed plan of Self Insurance (as hereinafter defined), which cost shall includenot be unreasonably withheld, Lessee shall have the option, either alone or in conjunction with Citigroup. Lessee’s ultimate parent corporation, or any subsidiaries or affiliates of Citigroup, to maintain self insurance and/or provide or maintain any insurance required by this Lease under blanket insurance policies maintained by Lessee or Citigroup, or provide or maintain insurance through such alternative risk management programs as Citigroup may provide or participate in from time to time (such types of insurance programs being herein collectively and severally referred to as “Self Insurance”), provided the same does not thereby decrease the insurance coverage or limits sets forth in this Section 6. If Citigroup’s net worth ceases to be equal to or greater than Two Billion Dollars ($2,000,000,000), then all of Lessee’s rights to self-insure under this Section 6 shall terminate immediately. Any Self Insurance shall be deemed to contain all of the terms and conditions applicable to such insurance as required in this Section 6, including without limitation, naming Lessor as an additional insured. If Lessee elects to self-insure, then, with respect to any claims which may result from incidents occurring during the costs construction, such Self Insurance obligation shall survive the expiration or earlier termination of construction this Lease to the same extent as provided for in the Tenant Improvement Contractor’s contractinsurance required would survive. If Lessor fails to approve any such plans of Self Insurance, Lessee shall promptly obtain from a third party insurance carrier acceptable to Lessor the cost types and amounts of permits, insurance required to be obtained and all architectural, design, space planning, and engineering services obtained maintained 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 pursuant to 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 terms of this paragraph. The foregoing Lease so that Lessee at all times during the Term shall not be read to prevent Tenant from curing have in effect the applicable default levels 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 types of insurance required under 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.

Appears in 1 contract

Samples: Standard Industrial Lease (Primerica, Inc.)

LESSEE'S WORK. Unless specified otherwise hereinLessee shall be solely responsible for obtaining all Construction Authorizations required for 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 certificate of occupancy for the 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 bear cause Lessee's General Contractor to commence construction and pay 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 cost of the Lessee’s Work (which cost shall include, without limitationWorking Drawings, the costs of construction as provided for in the Tenant Improvement Contractor’s contractConstruction Authorizations, the cost of permitsall Legal Requirements, and the provisions of all architectural, design, space planning, applicable insurance policies. Lessee shall pay promptly for all labor and engineering services obtained by materials supplied to Lessee in connection with Lessee’s 's Work, laboratory and office improvements, break rooms with appropriate sinks/cabinetry, wiring and cabling costsshall not cause or permit any liens for such labor or materials to attach to the Premises, and cubicle costs); provided that so long as Lessee is not in monetary shall bond 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”), discharge any such lien which may be utilized for all hard and soft costs filed or recorded within fifteen (15) days after Lessee receives actual notice of such filing or recording. The construction of Lessee’s 's Work (and if applicable, shall be subject to the cost of the new sanitary sewer line described requirements set forth in Section 54 11.0(f) of the Lease). Lessor may 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 architectural and engineering reasonable attorneys' fees, but not for moving expenses, furniture, fixtures & equipment, and wiring and cabling except as described in arising out of or resulting from the balance design or construction of this paragraphLessee's Work. The foregoing Lessee shall not be read to prevent Tenant obtain 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 Lessee's General Contractor a guaranty against construction defects for a $75,000 oversight fee, Lessor shall period of 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 Dless than one (1) year.

Appears in 1 contract

Samples: Lease (Transkaryotic Therapies Inc)

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LESSEE'S WORK. Unless specified otherwise herein50.1 Approval of Lessee's Plans, Specifications and Contractor. Within 45 days following execution of the Lease, Lessee shall bear cause to be prepared and pay delivered to Lessor (1) preliminary space plan drawings and (2) preliminary specifications for the cost improvements, fixtures and equipment to be installed into the Premises. Within two business days following Lessor's receipt 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, preliminary plans 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 Leasespecifications, Lessor shall contribute provide to Lessee approval of such preliminary plans and specifications unless Lessor has 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 reasonable and soft costs of Lessee’s Work (and if applicable, the cost material objection thereto. Within 45 days following Lessor's approval of the new sanitary sewer line described preliminary plans and specifications, Lessee shall cause to be prepared and delivered to Lessor (1) working plans which are sufficiently detailed in Section 54 order to apply for and obtain a building permit for the interior improvements to the Premises which shall be based upon the preliminary plans previously approved by Lessor and (2) final specifications for the improvements, fixtures and equipment to be installed into the Premises which shall be based upon the preliminary specifications previously approved by Lessor. Within two business days following Lessor's receipt of the Lease)working plans and specifications, including architectural Lessor shall approve such plans and engineering feesspecifications unless Lessor has a reasonable and material objection thereto. Following Lessor's approval of the working plans and specifications, but not Lessee shall submit the working plans and specifications to the Building Inspection Department of the City of San Diego for moving expenses, furniture, fixtures & equipment, and wiring and cabling except as the purpose of obtaining a building permit for the construction of the work described in the balance working plans and specifications (hereinafter "Lessee's Work"). If, during the course of this paragraph. The foregoing construction of Lessee's Work, Lessee determines that it is necessary or desirable to make a material change to the working plans and specifications, then such proposed change shall be first submitted to Lessor for Lessor's review and approval, which shall not be read unreasonably withheld or delayed. Prior to prevent Tenant from curing commencement of Lessee's Work, Lessee shall submit to Lessor the applicable default name, telephone number, license number and then being entitled contact representative for the general contractor whom Lessee intends to use to accomplish Lessee's Work. Within two business days following Lessor's receipt of such information concerning 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 feeproposed general contractor, Lessor shall not be entitled approve Lessee's selection of the general contractor unless Lessor has a reasonable and material objection thereto. If Lessor's lender who is furnishing all or a portion of the funds for Lessor's Allowance requires similar rights of approval of the plans, specifications and/or contractor, Lessee shall cooperate with Lessor to impose a charge of any kind satisfy such lender's reasonable requests 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 Dinformation and requirements for approval.

Appears in 1 contract

Samples: Agouron Pharmaceuticals Inc

LESSEE'S WORK. Unless specified otherwise hereinLessee shall be solely responsible for obtaining all Construction Authorizations required for 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 certificate from the appropriate governmental authority that Lessee's Work has been completed in accordance with Legal Requirements. Lessee shall deliver to Lessor a copy of said certificate promptly after receiving the same. Promptly after receiving all Construction Authorizations required for Lessee's Work, Lessee shall bear cause Lessee's General Contractor to commence construction and pay 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 cost of the Lessee’s Work (which cost shall include, without limitationWorking Drawings, the costs of construction as provided for in the Tenant Improvement Contractor’s contractConstruction Authorizations, the cost of permitsall Legal Requirements, and the provisions of all architectural, design, space planning, applicable insurance policies. Lessee shall pay promptly for all labor and engineering services obtained by materials supplied to Lessee in connection with Lessee’s 's Work, laboratory and office improvements, break rooms with appropriate sinks/cabinetry, wiring and cabling costsshall not cause or permit any liens for such labor or materials to attach to the Premises, and cubicle costs); provided that so long as Lessee is not in monetary shall bond 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”), discharge any such lien which may be utilized for all hard and soft costs filed or recorded within fifteen (15) days after Lessee receives actual notice of such filing or recording. The construction of Lessee’s 's Work (and if applicable, shall be subject to the cost of the new sanitary sewer line described requirements set forth in Section 54 11.0(f) of the Lease). Lessor may 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 architectural and engineering reasonable attorneys' fees, but not for moving expenses, furniture, fixtures & equipment, and wiring and cabling except as described in arising out of or resulting from the balance design or construction of this paragraphLessee's Work. The foregoing Lessee shall not be read to prevent Tenant obtain 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 Lessee's General Contractor a guaranty against construction defects for a $75,000 oversight fee, Lessor shall period of 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 Dless than one (1) year.

Appears in 1 contract

Samples: Analog Devices Inc

LESSEE'S WORK. Unless specified otherwise herein26.01 The Lessee agrees to accept the premises in an "as is" condition, save and except the Premises shall be in a vacant, broom swept condition, and that at the time of possession, all existing mechanical systems are in a working condition. However, the Lessor does not provide any warranty or guarantee on the equipment after the date of possession. The Lessee shall have five (5) days after taking possession to notify the Lessor in writing should it find that there is a deficiency in any of the mechanical systems, failing which the Lessee has acknowledged that it has accepted the premises "as is". The Lessee may retain its own contractors to perform alterations in the Premises, subject to the restrictions for use of Lessor's contractors as noted below. Prior to the Lessee performing any work in the Premises, the Lessee shall provide to the Lessor a full set of plans of the work it intends to do in the Leased Premises for approval by the Lessor, which approval shall not be unreasonably withheld. The Lessee shall be responsible for obtaining all municipal and governmental approvals necessary to perform its work and shall bear the cost of all such approvals and work. The Lessee shall forthwith pay as Additional Rent all fines, costs and expenses incurred by the Lessor, in connection with the Lessee's failure to obtain all requisite permits. The Lessee will further covenant and agree that it will not, at any time, paint, xxxx or deface the existing exposed sandblasted wood beams, columns, ceilings or sandblasted exposed brick in the Demised Premises. If the Lessee proposes to make any structural changes to the premises, the Lessee shall pay for the cost of the Lessor having its structural engineer examine the plans prepared by the Lessee or 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's engineer, and the acquisition Lessee shall pay the cost to have the Lessor's Engineer review the work once completed to insure the work was completed in accordance to the drawings. No structural work shall be started without first obtaining the Lessor's prior written approval. The Lessee must use the Lessor's contractors for any work required on the building in relation to the Electrical System, Fire Alarm Systems, Sprinkler Systems and installation Mechanical Systems provided costs of furniture, fixtures & equipment. Except for a $75,000 oversight fee, Lessor such contractors 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 Dexceed competitive rates.

Appears in 1 contract

Samples: Toronto Office Lease Agreement (Internet Sports Network Inc)

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