Tenant Work Before commencing any repair or Alteration (“Tenant Work”), Tenant shall deliver to Landlord, and obtain Landlord’s approval of, (a) names of contractors, subcontractors, mechanics, laborers and materialmen; (b) evidence of contractors’ and subcontractors’ insurance; and (c) any required governmental permits. Tenant shall perform all Tenant Work (i) in a good and workmanlike manner using materials of a quality reasonably approved by Landlord; (ii) in compliance with any approved plans and specifications, all Laws, the National Electric Code, and Landlord’s construction rules and regulations; and (iii) in a manner that does not impair the Base Building. If, as a result of any Tenant Work, Landlord becomes required under Law to perform any inspection, give any notice, or cause such Tenant Work to be performed in any particular manner, Tenant shall comply with such requirement and promptly provide Landlord with reasonable documentation of such compliance. Landlord’s approval of Tenant’s plans and specifications shall not relieve Tenant from any obligation under this Section 7.3. In performing any Tenant Work, Tenant shall not use contractors, services, labor, materials or equipment that, in Landlord’s reasonable judgment, would disturb labor harmony with any workforce or trades engaged in performing other work or services at the Project.
Inspection by Landlord Landlord shall have the right to inspect the Tenant Improvements at all times, provided however, that Landlord’s failure to inspect the Tenant Improvements shall in no event constitute a waiver of any of Landlord’s rights hereunder nor shall Landlord’s inspection of the Tenant Improvements constitute Landlord’s approval of the same. Should Landlord disapprove any portion of the Tenant Improvements, Landlord shall notify Tenant in writing of such disapproval and shall specify the items disapproved. Any defects or deviations in, and/or disapproval by Landlord of, the Tenant Improvements shall be rectified by Tenant at no expense to Landlord, provided however, that in the event Landlord determines that a defect or deviation exists or disapproves of any matter in connection with any portion of the Tenant Improvements and such defect, deviation or matter might adversely affect the mechanical, electrical, plumbing, heating, ventilating and air conditioning or life-safety systems of the Building, the structure or exterior appearance of the Building or any other tenant’s use of such other tenant’s leased premises, Landlord may, take such action as Landlord deems necessary, at Tenant’s expense and without incurring any liability on Landlord’s part, to correct any such defect, deviation and/or matter, including, without limitation, causing the cessation of performance of the construction of the Tenant Improvements until such time as the defect, deviation and/or matter is corrected to Landlord’s satisfaction.
Subleased Premises (1) The Subtenant shall use the Subleased Premises solely for general office purposes. Sublandlord represents that the Subleased Premises may be used for such purposes without contravening any zoning or other applicable laws, by-laws and regulations. The Subtenant acknowledges that it has inspected the Subleased Premises prior to taking possession of them, that the Subleased Premises are being accepted in an “as is” condition, that the taking of possession of the Subleased Premises is conclusive evidence as against the Subtenant that, at the time of possession, the Subleased Premises were acceptable and that that there is no promise, representation or undertaking by or binding upon the Sublandlord with respect to any alteration, remodelling or decoration of the Subleased Premises or the installation of equipment, fixtures or leasehold improvements in the Subleased Premises, save and except for the following work to be done by the Sublandlord at its sole cost: • All damaged/discolored/inconsistent ceiling tiles to be replaced to match building standard; and • A general cleanup of the Premises; and • Installation of four (4) office grade doors and doorframes as shown on Schedule “A”, more specifically described as follows: Ø Door, doorframe, and drywall installed to the ceiling (or other secure material agreed to by both parties) above doorframe to be installed between conference rooms will be badge in to Subleased Premises from common area and push bar to exit from Subleased Premises Ø Door, doorframe, and drywall installed to the ceiling (or other secure material agreed to by both parties) above doorframe to be installed beside server room and Subleased Premises will be badge in to Subleased Premises and push bar to exit from Subleased Premises Ø Door, doorframe, and drywall installed to the ceiling (or other secure material agreed to by both parties) above doorframe to be installed between lunchroom and Subleased Premises will be badge in from cafeteria in to Subleased Premises and push bar to exit from Subleased Premises Ø Door, doorframe, and drywall installed to the ceiling (or other secure material agreed to by both parties) above doorframe to be installed adjacent to cafeteria separating Subtenant and Sublandlord will remain locked at all times, but will open in case of fire alarm; and • Providing access card(s) and programming access system to allow Subtenant access to the shared server room. The work listed above will be completed by the Sublandlord at least 45 days prior to the Commencement Date and available for inspection by the Subtenant.
(2) The Subtenant shall be entitled to the same parking privileges on the same terms as are provided to the Sublandlord, as Tenant, under the Head Lease.
(3) The final Basic and Additional Rent shall be subject to adjustment based on the actual Rentable Area of the Subleased Premises as determined from time to time by the Sublandlord and/or the Head Landlord’s architect in accordance with BOMA standard (ANSI/BOMA Z65.1-1996). The Subleased Premises are as shown in Schedule “A” attached hereto and forming part of this agreement. The Subtenant will have exclusive use to the area highlighted in blue; the Subtenant will have shared access to the common areas highlighted in yellow, more specifically the Entrance/Lobby, Washrooms, Cafeteria/Lunchroom, and Server Room measuring approximately 2200 square feet (collectively the “Common Areas”); the Subtenant will not have access to the remainder (non-shaded) of the Premises which will be occupied by the Sublandlord.
(4) The Subtenant may make any necessary interior alterations and install any new leasehold improvements in the Subleased Premises at its own expense, subject to (i) both the Sublandlord’s and Head Landlord’s prior written approvals (not to be unreasonably withheld) of the Subtenant’s plans and specifications, (ii) compliance with the terms of the Head Lease, and (iii) compliance with all applicable municipal and governmental regulations. The Subtenant shall use the Landlord’s contractors for the Subtenant’s work or receive specific approval of the Subtenant’s contractors from the Landlord, such approval not to be unreasonably withheld, prior to any work being conducted within the Subleased Premises. The Subtenant may remove its trade fixtures and chattels at the end of the Term, if it is not in default under this Sublease and subject to compliance with the terms of the Head Lease. If required by the Head Landlord under the Head Lease, the Subtenant shall demolish or remove at the end of the Term any alterations or improvements made to the Subleased Premises by the Subtenant.
The Premises Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto and each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the “TCCs”) herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such TCCs by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Work Letter attached hereto as Exhibit B (the “Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Xxxxxx also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Xxxxxx’s business, except as specifically set forth in this Lease and the Work Letter. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject only to (i) Landlord’s obligations set forth in Article 7 of this Lease with respect to the condition and repair of the “Building Structure,” as that term is defined in Article 7 of this Lease, (ii) Landlord’s obligations set forth in Article 24 of this Lease with regard to compliance with “Applicable Laws,” as that term is defined in such Article 24, and (iii) Landlord’s obligations set forth in Section 29.33 of this Lease with respect to “Hazardous Materials,” as that term is defined in such Section 29.33 of this Lease; provided, however, that Landlord hereby covenants that upon delivery of the Premises to Tenant, (A) the Building Structure and “Building Systems” (as that term is defined in Section 6.2 below) shall at such time be in good and sanitary order, condition and repair, and (B) the Premises and parking areas servicing the Building (including, without limitation, the path of travel between the Building and such parking areas, other than with respect to the path of travel between the Building and the parking spaces located to the south-west of the building located at 00000 Xxxxxxx Xxxxxx Xxxxx), and exit lighting within the Building and egress lighting at all exit doors leaving the Building, shall be in compliance with all applicable building codes and Applicable Laws (including but not limited to Title 24, seismic, fire and life safety, structural support of existing MEP items and ceilings, and exit lighting requirements,) in effect at the time of Landlord’s delivery of the Premises to the Tenant, and Landlord shall be solely responsible for all costs and expenses (i.e., and not as part of Operating Expenses) incurred in order to cure any deficiencies vis-à-vis such covenants and bring such Premises into compliance with the foregoing codes. To the actual knowledge of Xxx. Xxxxxxxx Xxxxxxx (Landlord’s Portfolio Manager with respect to the Project), without any duty of investigation or any duty of inquiry, Landlord has not, as of the date of this Lease, received from any applicable governmental agency any written notice of violation or violations (or claim thereof) relating to Applicable Laws, or applicable zoning, ordinances, building codes or CC&Rs with regard to the Premises or the Building existing as of the date of this Lease; provided, however, the foregoing representation does not apply with respect to any alterations, additions or improvements made (or to be made) by Tenant. If, within the first twelve (12) months following Xxxxxx’s occupancy of the Premises, it is discovered that any of the Building Systems do not have an estimated remaining useful life of at least the duration of the Lease Term, Landlord shall, at its sole cost and expense, make any repairs and/or replacements necessary to put the Building Systems in the condition required by the immediately preceding two (2) sentences.
Tenant Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefore, which approvals shall not be unreasonably withheld or delayed. Landlord's consent shall not be required for non-structural interior improvements costing less than $10,000 in any calendar year. Plans are required. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount reasonably satisfactory to Landlord to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modifications, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises without Landlord's approval which shall not be unreasonably withheld. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like.