Common use of Tenant’s Work Clause in Contracts

Tenant’s Work. The parties acknowledge the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at Tenant’s sole cost and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a part.

Appears in 1 contract

Samples: Lease Agreement (Central Credit, LLC)

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Tenant’s Work. The parties acknowledge the receipt 2.1 All interior improvements, including installation of Trade Fixtures, as indicated in Exhibit B-3, furnishings and approval of plans which are attached hereto and referenced Building Core Improvements (collectively referred to herein as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction"Tenant's Work"), or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be constructed by Tenant at Tenant’s its sole cost and expense. All of the plans and specifications for Tenant's Work shall be approved by Landlord in advance of commencing any construction. Such approval by Landlord, shall not be unreasonably withheld or delayed. The parties agree that certain items of the Building Core improvements (specifically, proof loading of the roof structure and penetrations in the second deck for future mechanical drafts) shall be completed during shell construction by Landlord and the cost of such items shall be deducted from the Tenant Improvement Allowance. Tenant shall invest a minimum of sixty dollars ($60.00) per rentable square foot, including the Tenant Improvement Allowance supplied by Landlord, excluding soft costs ("Soft Costs" are those items described in Paragraphs 2.2 (v) through (xi)), and excluding the items described on Exhibit B-3 hereto, to improve the entire Premises. Tenant shall, within thirty (30) days following the term Commencement Date, provide its own trash container(sLandlord with an accounting, certified by an officer of Tenant, itemizing all amounts expended by Tenant to improve the Premises. If the amount expended by Tenant is less than sixty dollars ($60.00) as needed per rentable square foot of the Building, (exclusive of Soft Costs), Tenant shall, together with the accounting, deliver to Landlord an unconditional irrevocable letter of credit (separate from but for containment a purpose similar to the Letter of Credit described in paragraph 19 of this Lease) in an amount equal to the difference between the amount expended by Tenant and removal sixty dollars ($60.00) per rentable square foot of construction debris from Tenant’s Work and Tenant shall remove said trash containers the Building (exclusive of Soft Costs). At any time prior to opening the twenty-forth month of the Lease Term (but in no event more frequently than monthly) Tenant may provide Landlord with an amended accounting, as above, showing additional amounts expended by Tenant to improve the Premises (exclusive, however, of the costs of demolition and reconstruction of the Tenant's Work) since the last date shown on the immediately preceding accounting. If the total amount expended by Tenant is less than sixty dollars ($60.00) per rentable square foot of the Building (exclusive of Soft Costs), the amount of the letter of credit may be reduced to a sum equal to the difference between the amount expended by Tenant and sixty dollars ($60.00) per rentable square foot of the Building (exclusive of Soft Costs). On or before the last day of the twenty-forth month of the Lease Term, with an amended accounting as above showing in addition any amounts expended by Tenant to improve the Premises since the last date shown on Tenant's most recent accounting (exclusive, however, of the costs of demolition and reconstruction of the Tenant's Work), if the total amount expended by Tenant is less than sixty dollars ($60) per rentable square foot, Landlord shall be immediately entitled to draw down from the letter of credit an amount equal to the difference between the amount expended by Tenaxx xxx sixty dollars ($60.00) per rentable square foot. Upon such draw the requirement that this letter of credit be maintained shall terminate. The letter of credit shall (a) designate Tenant or its assignees as beneficiary, (b) be issued by a financial institution approved by Landlord, (c) be in form satisfactory to Landlord, and (d) be for businessa term of twenty-six months. Landlord shall designate not be required to deliver any certifications or documentation of any kind to the location issuer in order to make a draw, other than Landlord's written demand stating that Landlord is entitled to draw in accordance with the terms of this Lease. The issuer shall not be required to conduct any inquiry or investigation before paying Landlord the requested amount of the trash containersdraw. During Landlord may assign, transfer or pledge the letter of credit to any lender or purchaser in connection with any financing or sale of the Premises. Landlord shall provide to Tenant a Tenant Improvement Allowance of up to a maximum of thirty-five dollars ($35.00) per rentable square foot on the Premises (Tenant Improvement Allowance") which shall include Soft Costs. The Tenant Improvement Allowance shall be reduced by the amount Landlord expends on Building Core Improvements as stated above. Tenant shall promptly pay when due all costs for Tenaxx'x Xork. Landlord shall reimburse Tenant a portion of such costs not to exceed in the aggregate the amount of the Tenant Improvement PeriodAllowance less amounts expended by Landlord for Building Core Improvements as provided above. Tenant shall, not more frequently than monthly after commencement of the construction of Tenant's Work, submit to Landlord requests for reimbursement of amounts expended by Tenant for Tenant's Work. Each request shall be certified by an officer of Tenant and its contractorshall include, if anywithout limitation, shall keep the Common Areas free (i) copies of all construction and related debris. Prior to opening invoices paid by Tenant for business, Tenant shall remove all construction and related debris which reimbursement is sought (ii) proof of payment of each invoice (iii) a fully executed unconditional lien release from the Premises and Common Areaeach payee, and (iv) such additional information as Landlord may reasonably request. After Landlord has received and approved each request as provided herein, Landlord shall process the approved request for payment by its lender and upon disbursement by Landlord's Lender reimburse Tenant promptly for one-half of all such areas shall be amounts shown in broom clean condition and the Common Area shall be returned request as expenditures for costs to which the Tenant Improvement Allowance applies, as hereinbelow provided, up to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partmaximum amount set forth above.

Appears in 1 contract

Samples: Lease (Virologic Inc)

Tenant’s Work. The parties acknowledge So long as Landlord has approved Tenant's Plans in writing, as hereinabove referenced, Landlord and Tenant agree that Landlord's general contractor will construct the receipt tenant improvements set forth on the Tenant's Plans (hereinafter "Tenant's Work") with respect to the Premises at cost (as hereinafter defined), plus a Landlord's contractor's fee of five and approval one half percent (5 1/2%) of plans which are attached hereto such aggregate cost as hereinafter provided. In order to provide for payment by Tenant of the cost of Tenant's Work, the Net Additional Cost of Landlord's Work, and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease any additional costs due to Change Orders provided for hereunder, Tenant shall commence and utilize TWC Constructionexpressly covenants with Landlord that Tenant agrees to pay Landlord, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at Tenant’s sole cost and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if anyas the case may be, within ten (10) business days of receipt of each of Landlord's monthly Tenant's Work requisitions therefor, the amount of such requisition for the Tenant's Work, the Net Additional Cost of Landlord's Work, and/or any Change Orders, performed in the Premises for the preceding month based on a percentage of completion basis. Such requisitions shall keep not include the Common Areas free five (5%) percent retainage of all construction payments to be made to subcontractors until such subcontractors have fully completed their work. At Tenant's request, each requisition shall include copies of all subcontractor's and related debrissupplier's applications for payment and satisfactory evidence of payment of all previous invoices submitted by subcontractors and suppliers. Prior to opening for businessIn addition, Tenant Landlord's architect shall remove all construction and related debris from certify that the Premises and Common Areasubject work specified in each of such monthly requisitions has been substantially completed, and all a copy of such areas certification shall accompany each requisition furnished to Tenant hereunder. In the event Tenant's Architect disagrees with the Landlord's architect's certification as set forth in the immediately preceding sentence, then such disagreement shall be resolved pursuant to the provisions of Section 3.6 hereof except that the time for each architect to establish the amount in dispute shall be six (6) calendar days. In no event shall any of such costs due and payable hereunder remain unpaid by Tenant for more than fifteen (15) days after receipt of such Landlord's requisition, or as of the Term Commencement Date. For purposes hereof, Landlord and Tenant further agree that the certification of cost by Gutixxxxx Xxxstruction Co., Inc. shall be based on the definition of cost as more particularly set forth in Exhibit L hereto. Any changes to the Tenant's Plans after the approval of the Tenant's Plans (and any changes to Landlord's Plans after the approval thereof as set forth in Section 3.1 above) shall be in broom clean condition accordance with the form of Change Order attached hereto as Exhibit K. In addition, in the event that Landlord and Tenant are unable to agree on the Common Area cost of any portion of Tenant's Work hereunder, any disagreement shall be returned resolved pursuant to the condition it was in prior to provisions of Section 3.6 hereof. Upon commencement of the Tenant’s 's Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, Landlord and Tenant shall obtain all necessary governmental permitshereby further agree, licenses each acting reasonably and approvals in good faith, to attend and participate in weekly construction meetings with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partLandlord's general contractor's construction manager(s) during such construction process.

Appears in 1 contract

Samples: And Attornment Agreement (Rsa Security Inc/De/)

Tenant’s Work. The parties acknowledge the receipt 2.1 All interior improvements, including installation of Trade Fixtures (except those items set forth in Exhibit B-3) and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Constructionfurnishings (collectively referred to herein at "Tenant's Work"), or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be constructed by Tenant at Tenant’s its sole cost and expense. All of the plans and specifications for Tenant's Work shall be approved by Landlord in advance of commencing any construction. Such approval by Landlord shall not be unreasonably withheld. Tenant shall invest a minimum of fifty dollars ($50.00) per rentable square foot, in excess of the Tenant Improvement Allowance supplied by Landlord, excluding soft costs ("Soft Costs"), as defined below. Tenant shall, on or before the Term Commencement Date, provide Landlord with an accounting, certified by an officer of Tenant, itemizing all amounts expended by Tenant in excess of the Tenant Improvement Allowance to improve the Premises. If the Amount expended by Tenant is less than fifty dollars ($50.00) per rentable square foot of the Building, Tenant shall, together with the accounting, deliver to Landlord an unconditional irrevocable letter of credit in an amount equal to the difference between the amount expended by Tenant and fifty dollars ($50.00) per rentable square foot of the Building. At any time prior to the thirty-sixth month of the Lease Term (but in no event more frequently than monthly) Tenant may provide Landlord with an amended accounting, as above, showing additional amounts expended by Tenant to improve the Premises since the last date shown on the immediately preceding accounting. If the total amount expended by Tenant is less than fifty dollars ($50.00) per rentable square foot of the Building, the amount of the letter of credit may be reduced to a sum equal to the difference between the amount expended by Tenaxx xxx fifty dollars ($50.00) per rentable square foot of the Building. On or before the last day of the thirty-sixth month of the Lease Term, Tenant shall provide an amended accounting as above showing in addition any amounts expended by Tenant to improve the Premises since the last date shown on Tenant's most recent accounting. If the total amount expended by Tenant is less than fifty dollars ($50.00) per rentable square foot, Landlord shall be immediately entitled to draw down from the letter of credit an amount equal to the difference between the amount expended by Tenaxx xxx fifty dollars ($50.00) per rentable square foot. Upon such draw the requirement that this letter of credit be maintained shall terminate. The letter of credit shall (a) designate Landlord or its own trash container(sassignees as beneficiary, (b) as needed be issued by a financial institution approved by Landlord, (c) be in form satisfactory to Landlord, and (d) be for containment and removal a term of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for businessthirty-eight months. Landlord shall designate not be required to deliver any certifications or documentation of any kind to the location issuer in order to make a draw, other than Landlord's written demand. The issuer shall not be required to conduct any inquiry or investigation before paying Landlord the requested amount of the trash containersdraw. During Landlord may assign, transfer or pledge the letter of credit to any lender or purchaser in connection with any financing or sale of the Premises. Landlord shall provide to Tenant a Tenant Improvement Allowance of up to a maximum of twenty-four dollars ($24.00) per rentable square foot on the Premises ("Tenant Improvement Allowance") including Soft Costs associated with Tenant's Work. Soft Costs shall include, but are not limited to architecture, engineering, consultants, shell building permits and impact fees, utility fees, loan fees, transaction fees, and Landlord's construction management fee. Tenant shall promptly pay when due all costs for Tenaxx'x Xork. Landlord shall reimburse Tenant a portion of such costs not to exceed in the aggregate the amount of the Tenant Improvement PeriodAllowance. Tenant shall, not more frequently than monthly after commencement of the construction of Tenant's Work, submit to landlord requests for reimbursement of amounts expended by Tenant for Tenant's Work. Each request shall be certified by an officer of Tenant and its contractorshall include, if anywithout limitation, shall keep the Common Areas free (i) copies of all construction and related debris. Prior to opening invoices paid by Tenant for business, Tenant shall remove all construction and related debris which reimbursement is sought (ii) proof of payment of each invoice (iii) a fully executed unconditional lien release from the Premises and Common Areaeach payee, and (iv) such additional information as Landlord may reasonably request. After Landlord has received and approved each request as provided herein, Landlord shall process the approved request for payment by its lender and upon disbursement by Landlord's Lender reimburse Tenant promptly for one-half of all such areas shall be amounts shown in broom clean condition and the Common Area shall be returned request as expenditures for costs to which the Tenant Improvement Allowance applies, as hereinbelow provided up to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partmaximum amount set forth above.

Appears in 1 contract

Samples: Vaxgen Inc

Tenant’s Work. The parties acknowledge the receipt and Promptly after approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant’s Plans, the Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor exercise all reasonable efforts to complete the work specified therein (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at Tenant’s sole cost and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies”). All Tenant’s Work shall be undertaken and completed in accordance with the approved Tenant’s Plans and the requirements for alterations and improvements made by or on behalf of Tenant set forth in this Lease. Copies of all permits and approvals required for Tenant’s Work shall be furnished to the Landlord promptly upon receipt thereof. Tenant’s Work shall be performed by a goodgeneral contractor approved by the Landlord, workmanlike mannerunder a written construction contract providing for payment, performance and xxxx xxxxx in the full amount of the contract sum; provided, however, that the Tenant may have Tenant’s Work competitively bid by several general contractors approved in advance by the Landlord and the Tenant may select among such general contractors the general contractor that will perform Tenant’s Work. The approval by the Landlord of the Tenant’s general contractor shall not impose upon the Landlord any responsibility or liability whatsoever to the Tenant as a result of, or arising out of, the defaults or other acts or omissions of the general contractor. A copy of all required bonds and certificates of insurance required by this Lease shall be furnished to the Landlord prior to commencement of construction and installation of Tenant’s Work. In addition, the Landlord may monitor the progress of Tenant’s Work, including, without limitation, attend any weekly or other periodic job meetings. The Landlord shall provide the Tenant with no less than twenty four hours prior notice before it enters the Premises to review Tenant’s Work, except in the event of an emergency, when no such notice shall be required. Any review and monitoring of Tenant’s Work by the Landlord shall not impose upon the Landlord any responsibility or liability whatsoever to the Tenant as a result of, or arising out of, Tenant’s Work. Within forty-five (45) days of completion of any Tenant’s Work in accordance with the approved plans and specifications, the Tenant shall obtain provide to the Landlord “as-built” plans showing precisely how and where Tenant’s Work was actually installed. The Tenant shall provide the Landlord with copies of any certificates of occupancy for any Tenant’s Work that requires a certificate of occupancy reasonably promptly after completion of any portion of Tenant’s Work. Nothing herein shall be construed as permitting the Tenant to occupy all necessary governmental permits, licenses and approvals with respect thereto and shall fully or any portion of the Premises for which the Tenant has not obtained a certificate of occupancy or otherwise failed to comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partlegal requirements as set forth herein.

Appears in 1 contract

Samples: Assignment and Assumption of Lease Agreement (Tangoe Inc)

Tenant’s Work. The parties acknowledge Landlord shall improve, renovate and refurbish the receipt Demised Premises for Tenant’s continued use and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution occupancy pursuant to the provisions of this lease Tenant Exhibit C, and the Plans (as defined in 4(b) hereof). All work shown on the Plans shall commence include, but not be limited to, interior partitions, doors, hardware, wall and utilize TWC Constructionfloor coverings, lighting, electric power wiring, sprinklers and fire safety equipment, and shall be “Tenant’s Work” and shall be undertaken and paid for as set forth in this Exhibit C; provided, however, that if the base building structure, the base building systems, the common areas and/or the Full-Floor Common Areas do not comply with the Americans with Disabilities Act or any other licensedLaw (whether or not the same constitutes an instance of permitted nonconformance) and any changes to the foregoing are required in order to obtain any permit, bonded approval, inspection or other item required for the lawful performance of Tenant’s Work and insured general contractor (“Tenants Contractor”) occupancy of the Demised Premises, then such changes shall be performed at Landlord’s expense and without deducting the costs thereof from the Workletter Allowance. The cost of the Base Building Work shall not be chargeable against the Workletter Allowance. Landlord at its own cost and expense shall provide space planning services to Tenant to facilitate preparation of the Plans. Landlord shall solicit bids for the trades for Tenant’s Work that does from not require permitsless than three (3) qualified contractors per trade. Within five days from execution of this lease, Tenant shall submit its plans may select up to the appropriate governmental agency for permits three (3) qualified contractors per trade to construct bid on Tenant’s Work, subject to Landlord’s reasonable approval of the same. Landlord and Tenant shall diligently pursue jointly, reasonably and expeditiously choose the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of trade contractors for Tenant’s Work utilizing Tenantbased on their reasonable evaluation of the bid price, the contractor’s Contractorreliability and reputation for quality workmanship, size of jobs performed and timeliness of performance, the contractor’s past job performance with them, and the ability of the bidding contractor to satisfy licensing and insurance requirements for the job. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of The trade contract for Tenant’s Work shall be subject to Tenant’s reasonable approval and, at Tenant’s sole cost and expense. Tenant request, shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for businessbe a guaranteed maximum price contract. Landlord or one of Landlord’s affiliates shall designate act as construction manager for the location job and shall be entitled to receive a construction management fee comprised of the trash containers. During Overhead and Profit as set forth in the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partfollowing paragraph 3.

Appears in 1 contract

Samples: Lease Agreement (Ikanos Communications)

Tenant’s Work. The parties acknowledge the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence be responsible for all work to prepare the Leased Premises for its occupancy not provided under Lxxxxxxx’s Work including, but not limited to, the installation and utilize TWC Constructioncost of all its internal partitions, fixtures, electrical wiring, telecommunication cabling and plumbing costs, together with the cost of any modifications to the ceiling, light or heating ventilation and air-conditioning systems in the Leased Premises, as required by Tenant’s occupancy, excluding any other licensed, bonded and insured general contractor Landlord’s Work provided for herein (the Tenants ContractorTenant’s Work) ). Tenant shall also be responsible for the cost of installing any special equipment required by its occupancy. Tenant’s Work that does not require permitsshall be completed in a good and workmanlike manner and subject to the prior written approval of Txxxxx’s plans by Lxxxxxxx, acting reasonably, as detailed and provided for in paragraph -16- contained herein. Within five days from execution of this leaseLoyalty Management Group Canada Inc. — Offer to Lease 400 Xxxxxxxxxx Xxxxxx, Xxxxxxx Xxxxxxx Tenant shall submit its plans to bear (i) the appropriate governmental agency for permits to construct out-of-pocket costs of all Landlord’s plan reviews and approvals in respect of the mechanical and electrical components of Tenant’s WorkWork in an amount not to exceed $9,000.00 (plus GST), and (ii) the reasonable out-of-pocket costs incurred by Landlord in retaining its base building or designated engineer(s) or consultant(s) to review and approve the plans for any other component(s) of Tenant’s Work (save for the mechanical and electrical components as aforesaid), unless Tenant engages the services of any such base building or designated engineer(s) or consultant(s) with respect to any such component(s) of Tenant’s Work in which event Tenant shall not be responsible for any costs incurred by Landlord in respect thereof. Tenant shall diligently pursue not be responsible for any charges for electrical use or other security, management, supervision, or elevator use, or other special Landlord costs, during the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenantor Landlord’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 belowWork, all of Tenant’s Work shall be at Tenant’s sole cost and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for businessthe Commencement Date. Landlord shall designate co-ordinate with Tenant the location use of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening one (1) service elevator for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, use during its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partFixturing Period.

Appears in 1 contract

Samples: Loyalty Management (Alliance Data Systems Corp)

Tenant’s Work. The parties acknowledge the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease (A) Tenant shall commence and utilize TWC Constructionaccept the Third Additional Premises in their as-is condition without any obligation on the Landlord’s part to perform any additions, alterations, improvements, demolition or any other licensedwork therein or pertaining thereto. Tenant, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit at its plans to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at Tenant’s sole cost and expense, shall perform all work necessary to prepare the Third Additional Premises for Tenant’s occupancy in accordance with plans and specifications prepared by an architect, licensed by the Commonwealth of Massachusetts and reasonably approved by Landlord, such plans and specifications to be subject to the reasonable approval of the Landlord. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from submit to Landlord a detailed floor plan layout together with working drawings (the “Tenant’s Work Submission”) for work to be performed by Tenant to prepare the Third Additional Premises for Tenant’s occupancy (“Tenant’s Third Additional Premises Work”). Such floor plan layout and Tenant working drawings (the “Third Additional Premises Plans”) shall remove contain at least the information required by, and shall conform to the requirements of, Exhibit B-2 attached hereto and made a part hereof. Provided that the Third Additional Premises Plans contain at least the information required by, and conform to the requirements of, said trash containers prior to opening for business. Exhibit B-2, Landlord’s approval of the Third Additional Premises Plans shall not be unreasonably withheld, conditioned or delayed, and if Landlord does not require third-party review of such Third Additional Premises Plans, Landlord shall designate respond within fourteen (14) days after Tenant has submitted the location Third Additional Premises Plans to Landlord; however, Landlord’s determination of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior matters relating to opening for business, Tenant shall remove all construction and related debris from aesthetic issues relating to alterations or changes which are visible outside the Premises and Common Area, and all such areas shall be in broom clean condition Landlord’s sole discretion. If Landlord disapproves of any Third Additional Premises Plans, then Tenant shall promptly have the Third Additional Premises Plans revised by its architect to incorporate all objections and the Common Area conditions presented by Landlord and shall resubmit such plans to Landlord no later than seven (7) days after Landlord has submitted to Tenant its objections and conditions. Such process shall be returned to followed until the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor Third Additional Premises Plans shall name Landlord, its partners, and have been approved by the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant Landlord without objection or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partcondition.

Appears in 1 contract

Samples: Lease (Amag Pharmaceuticals Inc.)

Tenant’s Work. The parties acknowledge Tenant shall perform such work to the receipt Premises as Tenant shall determine in order to prepare the Premises for its initial occupancy, such work to be performed at its sole cost and expenses (except as hereinafter provided) in accordance with all applicable law and in accordance with plans and specifications therefor which Landlord has approved, such approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”not to be unreasonably withheld, delayed or conditioned. On Promptly after the execution of this lease Lease, Tenant shall commence have such plans and utilize TWC Construction, or any other licensed, bonded specifications prepared and insured general contractor submitted to Landlord no later than ninety (“Tenants Contractor”90) for Tenant’s Work that does not require permits. Within five days from after the date of execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s WorkLease. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at Tenant’s sole cost and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto permits for such work and shall fully comply perform such work expeditiously and in a manner which does not cause any undue interference with all governmental statutes, ordinances, the operations of any other tenants at the Building. All of such work shall be performed in accordance with reasonable rules and regulations pertaining theretotherefor which Landlord has provided. Any contractor performing such work shall maintain commercial general liability insurance in an amount of at least $3,000,000 naming the Landlord as an additional insured and a certificate of such insurance shall be submitted to Landlord prior to the date that any such work is commenced. In addition the Tenant covenants responsibilities and scope of work are further defined in the Landlord/Tenant Responsibility Matrix which is attached as Exhibit F. Landlord shall make available to Tenant a construction allowance (the “Tenant Allowance”) in the amount of One Million Eighty Thousand One Hundred Eighty-Nine Dollars ($1,080,189.00) (subject to reduction as provided in Section 10.12) which Tenant may use for the design and performance of such work as follows: no more than once per calendar month, Tenant may submit to Landlord a Requisition (as that term is hereinafter defined) and Landlord shall pay the amount of the Requisition to Tenant provided that no default of Tenant that has been noticed in writing to the Tenant, then exists and the total amount of all payments made by Landlord to Tenant hereunder shall not exceed $1,080,189.00. Such payments shall be made by Landlord to Tenant within thirty (30) days after the date of its receipt of a Requisition. As used herein, a Requisition shall mean that Tenant has submitted to Landlord an invoice setting forth the work and services performed to date, itemizing the cost of such work and services, and evidencing the cost of such work and services through paid invoices, receipts and the like, together with a partial lien waiver from the general contractor and all subcontractors having a contract in excess of $2,500.00 and a certificate from Tenant’s architect to Landlord that all of such work has been performed in accordance with the plans and specifications approved by Landlord. The initial Requisition shall be accompanied by a IRS W-9 statement completed by Tenant. The amount of costs and expenses for which a Requisition is made shall not exceed ninety percent (90%) of the actual costs and expenses incurred by Tenant or (in other words there shall be a ten percent (10%) holdback until the final Requisition which must be accompanied by a certificate from Tenant’s employeesarchitect that the work has been completely performed in accordance with said plans and specifications, agents a certificate of occupancy issued by the Town of Norwood, and final lien waivers from the general contractor and all subcontractors having a contract in excess of $2,500. For the purposes hereof, architects and engineers shall be deemed to be subcontractors. At any time that a Requisition is received a lien has been filed against the Property or contractors a part thereof arising out of Tenant’s Work or such services, then Landlord may withhold from the amount of the Requisition, an amount equal to one hundred fifty percent (150%) of the amount of such lien until such lien has been released of record, through bonding or the like. At the time of each Requisition, Landlord shall disrupt or cause have a slowdown or stoppage credit against the amount due and payable in the amount in which Landlord has theretofore paid under this Section. In the event that Tenant does not claim any part of said Allowance within twelve (12) months after the date of this Lease, then Landlord shall have no obligation to pay any work conducted by Landlord on the Premises or Shopping Center of which it is a partsuch amount.

Appears in 1 contract

Samples: Corbus Pharmaceuticals Holdings, Inc.

Tenant’s Work. The parties acknowledge After the receipt Commencement Date, Tenant at its sole cost and approval of expense intends to construct leasehold improvements in the Demised Premises (“Tenant’s Work”) as detailed in the plans which are attached hereto and referenced as EXHIBIT specifications to be prepared by Tenant’s architect (C and EXHIBIT “C-1TI Architect). On execution of this lease Tenant shall commence and utilize TWC Constructionbe allowed to select a general contractor to perform the Tenant’s Work, or any other provided said general contractor shall be properly licensed, bonded and insured general contractor of a reputation reasonably acceptable to Landlord. An affiliate of Landlord, Minkoff Development Corporation (“Tenants ContractorMDC) for ), shall act as Landlord’s construction manager to review plans and oversee construction of the Tenant’s Work that does not require permitsby the general contractor. Within five days from execution MDC shall receive a fee equal to one percent (1%) of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct cost of the Tenant’s Work, which fee shall not exceed $50,000. Tenant shall diligently pursue have the issuance per building permitsright to submit plans for the Tenant’s Work in stages for portions of the Demised Premises. Within five days of Tenant obtaining permits Tenant shall commence cause the TI Architect to prepare and deliver to Landlord for Landlord’s or MDC’s review preliminary plans (architectural, mechanical, electrical, plumbing and structural, if necessary) and specifications for the proposed leasehold improvements (the “Preliminary Plans”). Landlord shall have five (5) business days after its receipt thereof (or such additional time as may reasonably be necessary) to review the Preliminary Plans, request any changes it deems reasonably appropriate, and indicate on the Preliminary Plans which portions of the leasehold improvements are to be removed by Tenant prior to the expiration or termination of the Lease. The TI Architect shall modify the Preliminary Plans to accommodate Landlord’s changes, and resubmit the revised plans (the “Revised Preliminary Plans”) to Landlord for approval. If Tenant or the TI Architect elect not to make said changes to the Preliminary Plans, then Landlord shall have the right to require Tenant to perform corresponding restoration work to effect said changes prior to the expiration or termination of the Lease. Upon receipt of Landlord’s approval of the Revised Preliminary Plans, the TI Architect shall prepare a complete set of construction drawings and specifications for the construction of the proposed leasehold improvements (the “Working Drawings”). The Working Drawings shall be in sufficient detail for (i) Tenant’s general contractor to obtain bids from all trades for and to perform the work described on the Working Drawings; (ii) Tenant’s general contractor to secure building permits from the requisite governmental authorities having jurisdiction over same; and (iii) Landlord or MDC to indicate the portion of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at Tenant’s sole cost and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractorWork, if any, which Tenant is to remove by expiration or termination of the Lease. The Working Drawings shall keep conform to and be consistent with the Common Areas free Revised Preliminary Plans and comply with all applicable Laws and Insurance Requirements, as those terms are defined in the Lease. The Working Drawings shall be submitted to MDC for review and approval, which approval (or a request for changes to be made) shall be given within ten (10) days after receipt thereof. Within five (5) business days after MDC’s approval of all construction the Working Drawings, as modified by any revisions requested by MDC, Landlord and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from initial same to confirm their mutual approval thereof (the Premises and Common Area, and all such areas shall be in broom clean condition and “Approved Working Drawings ”). The Approved Working Drawings will indicate which portions of the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partnersif any, and will have to be removed by Tenant prior to the manager expiration or termination of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike mannerLease, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully will timely comply with all governmental statutes, ordinances, rules such requirement and regulations pertaining theretorepair any damage to the Land or the Building caused thereby at its own expense. Tenant covenants that will have no work by Tenant or obligation to remove any other portion of the Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partWork.

Appears in 1 contract

Samples: Lease Agreement (Avalon Pharmaceuticals Inc)

Tenant’s Work. The parties acknowledge Tenant shall submit all of its plans and specifications regarding any Tenant's work in the receipt Leased Premises for approval by the Landlord or its representatives. The Tenant shall pay to the Landlord, on demand, a fee of $500.00 in connection with the review of the said plans and specifications for submission to the City of Richmond such rate is subject to change. If the Tenant's drawings need to be reviewed by the structural engineer, electrical and mechanical consultants of the Landlord, an additional fee will be levied. Upon the Landlord's approval, such approval shall be at the Landlord's sole discretion, and the issuance of plans the building permit from the authorities having jurisdiction, the Tenant will begin and will thereafter diligently perform and complete the Tenant's work and will use its best efforts to complete its work within the period specified by the Landlord. The Tenant shall cause the Leased Premises to be fixtured in a good and workmanlike and first class manner and shall ensure that all necessary approvals of municipal and other governmental authorities having jurisdiction are promptly obtained. All work shall be performed by competent designers and tradesmen compatible with those employed by the Landlord and its contractors and is subject to the supervision of the Landlord. During this period, the Landlord may occupy the Leased Premises jointly with the Tenant for the purpose of completing the Landlord's work. During this period, the Tenant shall take out and keep in force comprehensive general public liability insurance with respect to the construction of the leasehold improvements with coverage for any one occurrence or claim of no less than one million dollars ($1,000,000), which are attached hereto insurance shall include the Landlord as an additional named insured and referenced shall protect the Landlord in respect of claims by the Tenant as EXHIBIT “C if the Landlord was separately insured. The Tenant shall also furnish to the Landlord written evidence of good standing with Workers' Compensation Board during the fixturing period. The Tenant agrees to take all steps necessary to promptly discharge any builders liens arising out of work done with respect to the Leased Premises at the Tenant's own expense. The Tenant agrees to comply with the design criteria of the Landlord, and EXHIBIT “C-1”. On execution failure to comply shall be deemed a default under the terms of this lease Offer to Lease. All the Tenant's Work required by the Tenant to complete the Leased Premises for occupancy shall commence be carried out in a good and utilize TWC Constructionworkmanlike manner with good workmanship and with new materials which shall all be of a high quality and conforming to the best standards of practice, and shall not be in contravention of the codes or regulations of the municipality or any other licensedauthority having jurisdiction: Within fifteen (15), bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of the date the Landlord reviews and being satisfies with the Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation 's financial and work to completion. Subject to 3.3 belowcredit worthiness, all of Tenant’s Work shall be at Tenant’s sole cost and expense. the Tenant shall provide its own trash container(s) as needed for containment the Landlord with 2 sets of sepia and removal 3 sets of construction debris from Tenant’s Work prints of preliminary plans and specifications which shall demonstrate design preparation of detailed working drawings and design specifications. Preliminary plans and specifications shall be accompanied by sample boards of finishes and an artistic rendering. The Tenant further agrees that it shall remove said trash containers prior to opening for business. Landlord shall designate the location appoint one of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris interior designer from the Premises suggested list of such professionals provided by the Landlord to complete the Tenant's drawings and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partdesign.

Appears in 1 contract

Samples: Lease (Midnet Inc)

Tenant’s Work. The parties acknowledge (a) Tenant is currently preparing, at its sole cost and expense, plans and specifications for the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease improvements Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for desires to make in connection with Tenant’s Work that does not require permits. Within five days from execution occupancy of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Premises (the “Tenant’s WorkPlans”). Tenant Landlord shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction approve or disapprove of Tenant’s Work utilizing Tenant’s ContractorPlans within ten (10) Business Days after receiving them. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all Any disapproval by Landlord of Tenant’s Work Plans shall be at accompanied by a reasonably specific statement of reasons therefor. At Tenant’s sole cost and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction cause Tenant’s Plans to be revised in a manner sufficient to remedy Landlord’s objections and/or respond to Landlord’s concerns and related debris from shall resubmit the Premises and Common Arearevised Tenant’s Plans to Landlord, and Landlord shall either approve or disapprove of the revised Tenant’s Plans within five (5) Business Days following the date of resubmission. If Landlord shall again disapprove of Tenant’s Plans, Tenant shall again revise such plans and resubmit them to Landlord pursuant to the foregoing procedures until Tenant’s Plans have been approved by Landlord. Tenant’s Plans shall be stamped by a Massachusetts-registered architect and engineer, such architect and engineer being subject to Landlord’s approval in Landlord’s reasonable discretion, and shall comply with all such areas applicable laws, ordinances and regulations (including, without limitation, the applicable requirements of the Americans with Disabilities Act of 1990, as amended from time to time, and the regulations promulgated thereunder) and the requirements of the Rules and Regulations and shall be in broom clean condition a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for construction. Landlord will not approve any alterations or additions that require unusual expense to readapt the Common Area shall Premises to normal office use on expiration or termination of this Lease or increase the cost of insurance on the Building, unless Tenant first gives assurances acceptable to Landlord that such readaptation will be returned to the condition it was in made prior to commencement such expiration or termination without expense to Landlord and for payment of any such increased cost. Landlord’s approval of any Tenant’s Work. Plans shall not impose upon Landlord any responsibility or liability whatsoever to Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a part.

Appears in 1 contract

Samples: Lease (Ameresco, Inc.)

Tenant’s Work. The parties acknowledge the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work shall be installed in a manner that does conforms with the Premises Contractor’s and/or subcontractor’s schedule for completion of the Tenant Improvements. Tenant’s Work shall be handled in such a manner as to maintain harmonious labor relations and as not require permitsto interfere with or delay construction of the TI Work or other Landlord work for other tenants in the Building. Within five days from execution No portion of this lease, Tenant the TI Work shall submit its plans to be dependent upon completion of any Tenant’s Work and the appropriate governmental agency for permits to construct TI Work shall have priority over any Tenant’s Work. ; provided Landlord shall cause the Premises Contractor to use commercially reasonable efforts (which shall not include increased costs or liability to Landlord) to cooperate with Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction so as to allow completion of Tenant’s Work utilizing in a timely and efficient manner without unreasonable delay or additional material cost. The contractors, subcontractors and materialmen performing Tenant’s ContractorWork shall be subject to prior reasonable approval by Landlord and shall be subject to the reasonable administrative supervision of Landlord and reasonable and customary non-discriminatory rules of the site. In no event will a decision not to use non-union contractors if the Building or Building is a union site be discriminatory. Contractors, subcontractors and materialmen performing Tenant’s Work shall take all necessary steps to insure, so far as may be possible, the progress of the work without interruption on account of strikes, work stoppage or similar causes for delay. In the event that the contractors or subcontractors performing Tenant’s Work do not promptly cause any pickets to be withdrawn and all other disruptions to the operations of the Building promptly to cease, or in the event that Landlord notifies Tenant that Landlord has in good faith concluded that picketing or other disruptive activities are an imminent threat, Tenant shall diligently pursue such installation immediately cause the withdrawal from the job of all its contractors, subcontractors or materialmen involved in the dispute. Any delay caused to the Premises Contractor attributable to Tenant’s Work shall constitute Tenant Delay (as defined in Section 2.2 of the Lease), and work in addition to completionthe obligations set forth elsewhere herein, Tenant shall be obligated to pay all cost and expense incurred by Landlord in connection therewith, including lost rental income. Subject to 3.3 below, all No portion of Tenant’s Work shall be at Tenant’s sole cost and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from taken into account in determining whether or not the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partare Substantially Complete.

Appears in 1 contract

Samples: Early Possession Agreement (Cray Inc)

Tenant’s Work. The parties acknowledge Tenant shall accept the receipt Demised Premises “as is” on the date hereof and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”Landlord shall have no obligation whatsoever to prepare the Demised Premises for occupancy by Tenant. On execution Any such work performed by Tenant shall be subject to the provisions of this lease Tenant shall commence Lease, including without limitation Articles 10 and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at Tenant’s sole cost and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business11. Landlord shall designate pay to Tenant, upon written request from time to time (but not more frequently than monthly) and pro rata as such work progresses, an amount equal to the location cost thereof not in excess of $317,640 (hereinafter referred to as “Landlord’s Construction Contribution”). Any unused balance of Landlord’s Contribution plus an additional allowance in the amount of $21,176 (hereinafter referred to as “Landlord’s Additional Allowance”) may be applied to any other costs (including without limitation architectural, engineering, space planning and moving expenses) incurred by Tenant in relocating its business operations to the Demised Premises. The disbursement of any portion of Landlord’s Construction Contribution or Landlord’s Additional Allowance shall be made within fifteen (15) days following the receipt by Landlord of invoices, receipts and other documentation evidencing to Landlord’s reasonable satisfaction the costs on account of which such disbursement has been requested, as well as releases and waivers of any mechanic’s and other liens for any labor or materials furnished as part of such work. Any portion of Landlord’s Construction Contribution or Landlord’s Additional Allowance not paid within fifteen (15) days from the date when due in accordance with the foregoing provisions shall bear interest thereafter at a rate equal to one percent in excess of the trash containers. During so-called “prime rate” charged from time to time by the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free First National Bank of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common AreaBoston, and all such areas shall may be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement deducted from installments of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partYearly Fixed Rent next becoming due hereunder.

Appears in 1 contract

Samples: Agreement of Lease (Investment Technology Group Inc)

Tenant’s Work. The parties acknowledge Subject to the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution provisions of this lease Tenant Lease, Landlord shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor construct an initial build out of the Premises (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Work”) in accordance with the Final Plans (as hereinafter defined). Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of The Tenant’s Work shall be constructed by Landlord in compliance with the provisions of the Lease. Tenant’s Work shall not include the purchasing or installation of Tenant’s trade fixtures. Landlord and Tenant have prepared the test-fit plan attached as Exhibit E (“Space Plan”). Tenant shall provide Landlord Tenant’s final written programming requirements, including without limitation, Tenant’s office and lab equipment list and associated electrical, plumbing and ventilation requirements on or before October 1, 2021. Tenant’s failure to provide the complete written programming requirements by such date shall constitute Tenant Delay. Based on such test-fit plan and programming requirements, Landlord shall cause to be prepared plans for the layout and finish of the Tenant’s Work which Tenant desires to have performed in the Premises together with mechanical, electrical, plumbing and fire protection plans (collectively, “Preliminary Plans”). Tenant shall respond to each request by Landlord for information required to prepare the Preliminary Plans within ten (10) days of such request. Tenant’s failure to respond timely or provide requested information shall constitute Tenant Delay. Landlord will use commercially reasonable efforts to cause the Preliminary Plans to be submitted to Tenant within thirty (30) days from Landlord’s receipt of Tenant’s complete written programming requirements and Tenant shall approve or disapprove of the Preliminary Plans within ten (10) days of receiving them. If Tenant disapproves the Preliminary Plans, Tenant shall provide Landlord the reasons for such disapproval. Based on any comments received from Tenant during such ten (10) day period, Landlord will use commercially reasonable efforts to cause the final plans (“Final Plans”) to be prepared and delivered to Tenant on or before December 1, 2021. No work shall be conducted by or on behalf of Tenant until the Final Plans have been fully approved in writing by Tenant in accordance with the time frames of this Section. The Final Plans shall not be materially changed or modified after approval by Tenant. Tenant shall cooperate reasonably to assist Landlord in obtaining a building permit and other approvals, at no cost or liability to Landlord. The Final Plans shall comply with applicable legal requirements and shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for the Tenant’s Work. Tenant, at its expense, shall be responsible for obtaining all licenses and permits required for its activities in the Premises. Upon approval of the Final Plans, Landlord shall appoint a contractor from a mutually agreeable bid list of contractors which contractor shall prepare and submit to Tenant a budget for the Tenant’s Work (“Estimated Initial Work Budget”). Tenant shall have the right to approve the Estimated Initial Work Budget, such approval not to be unreasonably withheld, conditioned, or delayed. If Tenant does not approve or object to the Estimated Initial Work Budget within three (3) business days after receipt of such information, the Estimated Initial Work Budget shall be deemed to be approved. If Tenant does not approve the Estimated Initial Work Budget, Tenant shall suggest alternatives to reduce the costs and the contractor shall issue a new Estimated Initial Work Budget incorporating Tenant’s comments and alternatives. This process shall be continued until the Estimated Initial Work Budget shall be approved by Tenant. Notwithstanding the foregoing, the failure to obtain Tenant’s approval of the Estimated Initial Work Budget on or before January 15, 2022 shall constitute Tenant Delay. Prior to spending or incurring any amounts or any costs that will exceed the corresponding line item in the Estimated Initial Work Budget (or the total amount of the costs shown on the Estimated Initial Work Budget) by 5%, the contractor shall obtain Tenant’s written approval to such excess amounts. Landlord’s Managing Agent (or such other affiliate of Landlord as Landlord may substitute therefor) shall act as construction manager for the Tenant’s Work, and said Estimated Initial Work Budget shall include a construction management fee payable to Landlord’s Managing Agent equal to five percent (5%) of the cost of the Tenant’s Work (“Construction Management Fee”). Tenant will be responsible for payment of the amount, if any, by which the costs of the Tenant’s Work plus the Construction Management Fee exceed the Tenant Improvement Allowance, as provided for below. Upon approval of the Final Plans and the Estimated Initial Work Budget, Landlord shall commence construction of the Tenant’s Work and diligently prosecute the completion of the Tenant’s Work in accordance with the provisions of this Section. Unless directed by Landlord to remove any portion of such improvements prior to the expiration of the term (which requirement shall be made by Landlord at the time it approves the Plans or at the time it approves any future Alterations pursuant to Section 4.4(d)), such improvements shall be part of the Premises and the sole property of Landlord subject to Tenant’s right to make further alterations in accordance with the terms of this Lease. Landlord shall promptly correct any items on such list that require correction. Except as set forth herein, Landlord shall have no obligation to improve the Premises. Tenant's interior furnishings, i.e., specification, supply and installation of furniture, furnishings, telephones, and moveable equipment, shall be the sole responsibility of Tenant. Provided that Tenant does not unreasonably interfere with or delay Landlord’s performance of the Tenant’s Work, Landlord agrees to allow Tenant to have access to the Premises prior to the Commencement Date for design, space planning, inspection and the like and for installation of its telecommunications and computer equipment and to install its fixtures, furniture and equipment all subject to reasonable cooperation with Landlord. Prior to any entry onto the Premises, Tenant shall deliver to Landlord certificates of insurance evidencing the coverages required herein. All of the Tenant's installation of interior furnishings and equipment shall be coordinated with any work being performed by Landlord in the Premises or elsewhere in the Building in such manner as to maintain harmonious labor relations and not damage the Building or the Premises or interfere with Building operations in any material respects. Within fourteen (14) days after the Commencement Date, Landlord and Tenant shall inspect the Premises and mutually prepare a list (the “Punchlist”) of outstanding items which do not materially interfere with Tenant’s use and occupancy of the Premises but which need to be performed to deliver the Premises in the condition required by the Lease (the “Punchlist Items”). Any matters, other than building systems, not shown on the punch list shall be deemed approved by Tenant. Subject to Force Majeure and Tenant Delays, Landlord shall, unless otherwise specified on the Punchlist, complete all Punchlist Items within sixty (60) days of the date of the Punchlist, at Landlord sole cost and expense, subject to reimbursement in accordance with Section 4.3 below; provided, however, to the extent the Punchlist includes any defects in Tenant’s Work, such defects shall be corrected at Landlord’s sole cost and expense, and not subject to reimbursement in accordance with Section 4.3. Tenant shall provide its own trash container(s) as needed Subject to the terms of this paragraph, Landlord agrees that Landlord’s contract for containment and removal of construction debris from the Tenant’s Work and Tenant shall remove said trash containers prior will contain a warranty in customary form satisfactory to opening for business. Landlord shall designate that the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken free from defects in workmanship and completed in materials. Any portion of Tenant’s Work not conforming to the previous sentence may be considered defective. The warranty excludes remedy for damage caused by improper use by any of the Tenant Parties or modifications not made by Landlord or any Landlord Party or improper or insufficient maintenance to the extent that such maintenance is not the responsibility of Landlord hereunder, it being understood and agreed that normal wear and tear and normal usage are not deemed defects or deficiencies. Landlord agrees that to the extent that the correction of such defects is covered under warranties given Landlord by contractors or subcontractors performing the Tenant’s Work, it shall cause such contractor to correct any portion of Tenant’s Work without cost to Tenant promptly following the date that Tenant gives Landlord written notice (a good“Defect Notice”) of such defective condition, workmanlike mannerprovided that the Defect Notice is delivered to Landlord on or before the date (the “Warranty Expiration Date”) that is one hundred twenty (120) days following the Commencement Date, time being of the essence. Landlord’s obligations under this Section shall expire on the Warranty Expiration Date and Tenant shall obtain all necessary governmental permits, licenses be of no further force and approvals effect except with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant to any defects or deficiencies in Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of Work disclosed in any work conducted by Landlord on Defect Notice delivered before the Premises or Shopping Center of which it is a partWarranty Expiration Date.

Appears in 1 contract

Samples: T2 Biosystems, Inc.

Tenant’s Work. The parties acknowledge Landlord shall improve, renovate and refurbish the receipt Demised Premises for Tenant’s continued use and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution occupancy pursuant to the provisions of this lease Tenant Revised Exhibit C, and the Construction Drawings and Documents (as defined in 5 hereof). All work shown on the Construction Drawings and Documents shall commence include, but not be limited to, interior partitions, doors, hardware, wall and utilize TWC Constructionfloor coverings, lighting, electric power wiring, sprinklers and fire safety equipment, and shall be “Tenant’s Work” and shall be undertaken and paid for as set forth in this Revised Exhibit C; provided, however, that if the base building structure, the base building systems, the common areas and/or the Full-Floor Common Areas do not comply with the Americans with Disabilities Act or any other licensedLaw (whether or not the same constitutes an instance of permitted nonconformance) and any changes to the foregoing are required in order to obtain any permit, bonded approval, inspection or other item required for the lawful performance of Tenant’s Work and insured general contractor (“Tenants Contractor”) occupancy of the Demised Premises, then such changes shall be performed at Landlord’s expense and without deducting the costs thereof from the Workletter Allowance. The cost of the Base Building Work shall not be chargeable against the Workletter Allowance. Landlord at its own cost and expense shall provide space planning services to Tenant to facilitate preparation of the Construction Drawings and Documents. Landlord shall solicit bids for the trades for Tenant’s Work that does from not require permitsless than three (3) qualified contractors per trade. Within five days from execution of this lease, Tenant shall submit its plans may select up to the appropriate governmental agency for permits three (3) qualified contractors per trade to construct bid on Tenant’s Work, subject to Landlord’s reasonable approval of the same. Landlord and Tenant shall diligently pursue jointly, reasonably and expeditiously choose the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of trade contractors for Tenant’s Work utilizing Tenantbased on their reasonable evaluation of the bid price, the contractor’s Contractorreliability and reputation for quality workmanship, size of jobs performed and timeliness of performance, the contractor’s past job performance with them, and the ability of the bidding contractor to satisfy licensing and insurance requirements for the job. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of The trade contract for Tenant’s Work shall be subject to Tenant’s reasonable approval and, at Tenant’s sole cost and expense. Tenant request, shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for businessbe a guaranteed maximum price contract. Landlord or one of Landlord’s affiliates shall designate act as construction manager for the location job and shall be entitled to receive a construction management fee comprised of the trash containers. During Overhead and Profit as set forth in the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partfollowing paragraph 3.

Appears in 1 contract

Samples: Lease (Ikanos Communications)

Tenant’s Work. The parties acknowledge the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence be responsible for any and utilize TWC Constructionall construction, or any other licensed, bonded design and insured general contractor specifications of the interior of the Premises deemed necessary by Tenant for its initial occupancy and operations (the Tenants ContractorInitial Tenant Work”) for including without limitation interior wall finish, finished ceilings, finish flooring, interior utilities design, including, gas, water, sewer, telephone and electricity, mechanical, plumbing and electrical systems, including HVAC, the interfaces between interior utility lines and the lines brought to the wall and/or floor of the Premises, interior decor and signage, railings, banisters, Tenant’s Work that does not require permits. Within five days from execution of this leasetrade fixtures, Tenant shall submit its plans to and the appropriate governmental agency for permits to construct interface between the Building’s mechanical and utilities systems and Tenant’s Worktrade fixtures, subject to approval in accord with Section 4.5. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of also be responsible to perform and pay for designing, planning, acquiring and installing Tenant’s Work utilizing trade fixtures and equipment, including without limitation, Tenant’s Contractorexterior signs, cabinetry, phone system, and intercom system. Tenant shall diligently pursue not overload the electrical wiring serving the Premises and will install, at its expense, with Landlord’s written approval, any additional electrical wiring required in connection with Tenant’s apparatus. Where required under any provision in this Lease, except as otherwise expressly set forth, Landlord’s consent or written approval shall not be unreasonably withheld. Landlord shall be under no obligation to make any repairs, replacements, reconstruction, alterations, or improvements to or upon the Premises or the mechanical equipment exclusively serving the Premises except as expressly provided for herein. For such installation work as Tenant may perform from time to time, including both the Initial Tenant Work and any future Tenant Improvements (as defined below), Tenant agrees to obtain its own policy of builder’s risk insurance and, if applicable, general liability insurance for any such work to completionand workers compensation insurance for any persons who perform Tenant’s work. Subject to 3.3 below, Tenant shall bear and pay the expenses incurred in performing all of Tenant’s Work shall be at work and all fees, charges and costs of permits and licenses relating to Tenant’s sole cost and expensework. Tenant shall provide its own trash container(s) as needed for containment bear the fees XX Xxxxxxxx, LLC – Lightshade Labs, LLC 2014 Commercial Lease 4 of 31 and removal costs of construction debris from Tenant’s Work and Tenant architect in developing Tenant’s work and, except as provided below, shall remove said trash containers prior to opening for businessnot be reimbursed from Landlord. Landlord shall designate not be required to perform any work or incur any costs in connection with the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage demolition of any work conducted by Landlord on improvements in the Premises or Shopping Center of which it is a partPremises.

Appears in 1 contract

Samples: Commercial Lease (MJ Holdings, Inc.)

Tenant’s Work. The parties acknowledge the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall enter into the Leased Premises for purposes of commencing Tenant's Work when Tenant has received a notice from Landlord that the respective floor of the Leased Premises is Tenant Ready and, thereafter, Tenant shall pursue such work diligently, continuously and in good faith to completion. Tenant shall have the right to commence work on portions of the Leased Premises in advance of the date that a respective portion is Tenant Ready, provided that such work does not interfere with or delay Landlord's Work. Tenant shall, in a good and utilize TWC Constructionworkerlike manner, or any other licensedcause the Leased Premises to be improved and completed at Tenant's expense (but with the benefit of Landlord's contribution as provided below) and in accordance with Tenant's Plans and Specifications, bonded and insured general contractor which work shall include all permanent improvements necessary (“Tenants Contractor”beyond Landlord's Work) for Tenant’s Work that does not require permits. Within five days from execution of this lease's use and operation within the Leased Premises (including materials, Tenant shall submit its plans to the appropriate governmental agency for permits to construct supplies, components, labor and services therefor) ("Tenant’s 's Work"). Tenant shall diligently pursue contract for completion of Tenant's Work under contracts providing customary retainages to be paid following completion. "Tenant's Improvements" shall mean Tenant's Work exclusive of the issuance per building permitsitems described on EXHIBIT "F". Within five days Tenant's Improvements shall be deemed the property of Tenant obtaining permits Tenant Tenant; Landlord's Improvements shall commence be deemed the property of Landlord. During the course of construction of Tenant’s Work utilizing 's Work, Tenant may make such changes to Tenant’s Contractor. Tenant shall diligently pursue such installation 's Plans and work Specifications as are ordinary and necessary or advisable in order to completion. Subject to 3.3 belowsuit the Leased Premises for its intended operation as Tenant's offices, all provided that copies of Tenant’s Work any changes shall be at Tenant’s sole cost delivered to Landlord for Landlord's information and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a part.such

Appears in 1 contract

Samples: Lease Agreement (Advanta Corp)

Tenant’s Work. The parties acknowledge A. When Substantial Completion of Landlord's Work has occurred, and the receipt full and approval final execution and delivery of plans the Lease to which are this Exhibit is attached hereto and referenced as EXHIBIT “C all prepaid rental and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this leasesecurity deposits required under such agreement, Tenant shall submit its plans have the right to perform alterations and improvements in the appropriate governmental agency for permits Premises (the "Initial Lab Alterations") (the Initial Office Alterations and the Initial Lab Alterations being referred to construct herein, collectively, as the "Initial Alterations"), which Initial Lab Alterations shall include the work described as Tenant’s Work's responsibility on EXHIBIT D-1. Tenant shall diligently pursue Notwithstanding the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at Tenant’s sole cost and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Periodforegoing, Tenant and its contractorcontractors shall not have the right to perform Initial Lab Alterations in the Lab Space unless and until Tenant has complied with all of the terms and conditions of Article IX of the Lease, if anyincluding, shall keep without limitation, approval by Landlord of the Common Areas free final plans for the Initial Lab Alterations and the contractors to be retained by Tenant to perform such Initial Lab Alterations. Landlord acknowledges that Tenant's plans will include the running of all construction conduits for power from the rooftop generator and related debrisfor telephone/data through the Buildings to the Premises, and agrees not to unreasonably withhold its consent to the same, subject to the compliance by Tenant with the requirements of this Lease. Prior to opening for business, Tenant shall remove all construction submit for Landlord's approval, such approval not to be unreasonably withheld or delayed, the plans and related debris from specifications prepared by Xxxxx, Xxxxx & Xxxxx Architects, Tenant's Architect, for the Premises Initial Lab Alterations. Tenant shall use the mechanical, electrical and Common Area, plumbing engineer approved by Landlord for the design and all such areas installation of the Initial Lab Alterations. The plans and specifications shall be in broom clean condition submitted to Landlord for its review and approval at the Common Area shall be returned to space plan phase, the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partnerspermitting phase, and the manager construction documents phase. Landlord shall review and respond with its approval or detailed comments to each phase of such plans and specifications for the Lab Space within 10 business days of receiving the initial draft thereof, and any failure to respond shall constitute the basis for a claim of Landlord Delay. In the event that Landlord requires changes to the proposed plans, Landlord shall review and respond with its approval or detailed comments to Tenant's submission of revised plans within 10 business days for work which materially affects structure or mechanical, plumbing or electrical systems, and for all other work within 5 business days. Tenant shall be responsible for all elements of the Shopping Center as additional named insured on contractor’s insurance policies. All design of Tenant’s Work shall be undertaken 's plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Initial Lab Alterations and completed in a goodthe placement of Tenant's furniture, workmanlike mannerappliances and equipment), and Landlord's approval of Tenant's plans shall in no event relieve Tenant of the responsibility for such design. Landlord's approval of the contractors to perform the Initial Lab Alterations shall not be unreasonably withheld. The parties agree that Landlord's approval of the general contractor to perform the Initial Lab Alterations shall not be considered to be unreasonably withheld if any such general contractor (i) does not have trade references reasonably acceptable to Landlord, (ii) does not maintain insurance as required pursuant to the terms of this Lease, (iii) does not have the ability to be bonded for the work in an amount of the total estimated cost of the Initial Lab Alterations, (iv) does not provide current financial statements reasonably acceptable to Landlord, (v) is not licensed as a contractor in the state/municipality in which the Premises is located, and (vi) will work without interference and in harmony with other labor on the Property. Tenant acknowledges the foregoing is not intended to be an exclusive list of the reasons why Landlord may reasonably withhold its consent to a general contractor. Landlord hereby approves the Richmond Group to serve as Tenant's general contractor for the Initial Lab Alterations, provided that (a) Tenant and the Richmond Group (or any successor general contractor which may be approved by Landlord in accordance with this Lease) shall use union carpenters for Initial Lab Alterations, and (b) Tenant shall obtain cause all necessary governmental permits, licenses labor performing the Initial Lab Alterations to work without interference and approvals in harmony with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord other labor working on the Premises or Shopping Center of which it is a partProperty.

Appears in 1 contract

Samples: Office and Laboratory Lease Agreement (Viacell Inc)

Tenant’s Work. The parties acknowledge the receipt 2.1 All interior improvements, including installation of Trade Fixtures, as indicated in Exhibit B-3, furnishings and approval of plans which are attached hereto and referenced Building Core Improvements (collectively referred to herein as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction"Tenant's Work", or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be constructed by Tenant at Tenant’s its sole cost and expense. All of the plans and specifications for Tenant's Work shall be approved by Landlord in advance of commencing any construction. Such approval by Landlord, shall not be unreasonably withheld or delayed. The parties agree that certain items of the Building Core Improvements (specifically, proof loading of the roof structure and penetrations in the second deck for future mechanical drafts) shall be completed during shell construction by Landlord and the cost of such items shall be deducted from the Tenant Improvement Allowance. Tenant shall invest a minimum of sixty dollars ($60.00) per rentable square foot, including the Tenant Improvement Allowance supplied by Landlord, excluding soft costs ("Soft Costs" are those items described in Paragraphs 2.2 (v) through (xi)), and excluding the items described on Exhibit B-3 hereto, to improve the entire Premises. Tenant shall, within thirty (30) days following the Term Commencement Date, provide its own trash container(sLandlord with an accounting, certified by an officer of Tenant, itemizing all amounts expended by Tenant to improve the Premises. If the amount expended by Tenant is less than sixty dollars ($60.00) as needed per rentable square foot of the Building, (exclusive of Soft Costs), Tenant shall, together with the accounting, deliver to Landlord an unconditional irrevocable letter of credit (separate from but for containment a purpose similar to the Letter of Credit described in paragraph 19 of this Lease) in an amount equal to the difference between the amount expended by Tenant and removal sixty dollars ($60.00) per rentable square foot of construction debris from Tenant’s Work and Tenant shall remove said trash containers the Building (exclusive of Soft Costs). At any time prior to opening the twenty-fourth month of the Lease Term (but in no event more frequently than monthly) Tenant may provide Landlord with an amended accounting, as above, showing additional amounts expended by Tenant to improve the Premises (exclusive, however, of the costs of demolition and reconstruction of the Tenants Work) since the last date shown on the immediately preceding accounting. If the total amount expended by Tenant is less than sixty dollars ($60.00) per rentable square foot of the Building (exclusive of Soft Costs), the amount of the letter of credit may be reduced to a sum equal to the difference between the amount expended by Tenant and sixty dollars ($60.00) per rentable square foot of the Building (exclusive of Soft Costs). On or before the last day of the twenty-fourth month of the Lease Term, with an amended accounting as above showing in addition any amounts expended by Tenant to improve the Premises since the last date shown on Tenant's most recent accounting (exclusive, however, of the costs of demolition and reconstruction of the Tenant's Work), if the total amount expended by Tenant is less than sixty dollars ($60) per rentable square foot, Landlord shall be immediately entitled to draw down from the letter of credit an amount equal to the difference between the amount expended by Tenaxx xxx sixty dollars ($60.00) per rentable square foot. Upon such draw the requirement that this letter of credit be maintained shall terminate. The letter of credit shall (a) designate Landlord or its assignees as beneficiary, (b) be issued by a financial institution approved by Landlord, (c) be in form satisfactory to Landlord, and (d) be for businessa term of twenty-six months. Landlord shall designate not be required to deliver any certifications or documentation of any kind to the location issuer in order to make a draw, other than Landlord's written demand stating that Landlord is entitled to draw in accordance with the terms of this Lease. The Issuer shall not be required to conduct any inquiry or investigation before paying Landlord the requested amount of the trash containersdraw. During Landlord may assign, transfer or pledge the letter of credit to any lender or purchaser in connection with any financing or sale of the Premises. Landlord shall provide to Tenant a Tenant Improvement Allowance of up to a maximum of twenty-five dollars ($25.00) per rentable square foot on the Premises ("Tenant Improvement Allowance") which shall include Soft Costs. The Tenant Improvement Allowance shall be reduced by the amount Landlord expends on Building Core Improvements as stated above. Tenant shall promptly pay when due all costs for Tenaxx'x Xork. Landlord shall reimburse Tenant a portion of such costs not to exceed in the aggregate the amount of the Tenant Improvement PeriodAllowance less amounts expended by Landlord for Building Core Improvements as provided above. Tenant shall, not more frequently than monthly after commencement of the construction of Tenant's Work, submit to Landlord requests for reimbursement of amounts expended by Tenant for Tenant's Work. Each request shall be certified by an officer of Tenant and its contractorshall include, if anywithout limitation, shall keep the Common Areas free (i) copies of all construction and related debris. Prior to opening invoices paid by Tenant for business, Tenant shall remove all construction and related debris which reimbursement is sought (ii) proof of payment of each invoice (iii) a fully executed unconditional lien release from the Premises and Common Areaeach payee, and (iv) such additional information as Landlord may reasonably request. After Landlord has received and approved each request as provided herein, Landlord shall process the approved request for payment by its lender and upon disbursement by Landlord's Lender reimburse Tenant promptly for one-half of all such areas shall be amounts shown in broom clean condition and the Common Area shall be returned request as expenditures for costs to which the Tenant Improvement Allowance applies, as hereinbelow provided, up to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partmaximum amount set forth above.

Appears in 1 contract

Samples: Lease (Virologic Inc)

Tenant’s Work. The parties acknowledge Architectural Drawings and Specifications and the receipt Engineering Plans and Specifications, as approved by Landlord, shall thereupon collectively constitute the "Tenant's Plans". Tenant shall improve the Premises in accordance with the Tenant’s Plans. The work set forth in the Tenant’s Plans is hereinafter referred to as “Tenant’s Work”. From and after the date of Landlord’s approval of plans which are attached hereto the Tenant’s Plans, any changes to the Tenant’s Plans, except Permitted Changes (as defined in Paragraph 6 hereof), shall not be binding unless approved in writing by both Landlord and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC ConstructionTenant, such approval not to be unreasonably withheld, conditioned or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for delayed with respect to Tenant’s Work that does not require permitsaffect Building systems or the Building structure. Within five days from execution Landlord’s approval of this lease, Tenant the Tenant’s Plans shall submit its plans constitute approval of Tenant’s design concept only and shall in no event be deemed a representation or warranty by Landlord as to whether the Tenant’s Plans comply with any and all legal requirements applicable to the appropriate governmental agency for permits to construct Tenant’s Plans and Tenant’s Work. Tenant shall diligently pursue In the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction performance of Tenant’s Work utilizing Tenant’s ContractorWork, Tenant shall comply with all applicable laws, codes and regulations. Tenant shall diligently pursue such installation obtain all permits, certificates and work to completion. Subject to 3.3 below, other governmental approvals from all of Tenant’s Work shall be at Tenant’s sole cost governmental entities having jurisdiction thereover which are necessary for the prosecution and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement completion of Tenant’s Work. Tenant’s Work shall include, but not be limited to, the cost of all permits and governmental inspections, all architectural and engineering fees, the preparation and delivery to Landlord of a complete set of “as-built” plans showing Tenant’s Work, in hard copy and an electronic version thereof which is acceptable to Landlord (the "As-Built Plans") (which As-Built Plans shall be delivered to Landlord not later than the tenth (10th) day following the substantial completion of Tenant’s Work). Prior to commencing Tenant’s Work, Tenant shall provide to Landlord the name and address of each contractor and subcontractor which Tenant intends to employ to perform Tenant’s Work, the use of which subcontractors and contractors shall name be subject to Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed if (1) the contractor or subcontractor is properly licensed, and (2) neither Landlord nor any affiliate of Landlord has had no prior experience with such contractor or subcontractor which was unsatisfactory to Landlord. Prior to the commencement of any of Tenant’s Work, Tenant shall deliver to Landlord, its partnerswith respect to each contractor and subcontractor which Tenant intends to employ to perform any of Tenant’s Work, a certificate of insurance from each such contractor or subcontractor specifying Landlord as a named insured and evidencing that each such contractor or subcontractor has obtained the manager applicable insurance coverages described in Section 17.B. of the Shopping Center as additional named insured on contractor’s insurance policiesLease. All Said contractors and subcontractors shall also comply with other reasonable industry requirements of Landlord. Tenant shall pay to Landlord a coordination fee in an amount equal to one percent (1%) of the cost of Tenant’s Work (the "Coordination Fee"), which Coordination Fee shall be undertaken and completed in a good, workmanlike manner, and deducted from the Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants Allowance to the extent that no work funds are available therefrom for such purpose or otherwise paid directly by Tenant or to Landlord upon the substantial completion of Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partWork.

Appears in 1 contract

Samples: Deed of Lease (Novavax Inc)

Tenant’s Work. The parties acknowledge Tenant agrees to accept the receipt Leased Property in its present "AS IS" condition. Further alterations of the Leased Property will be at Tenant's sole expense (unless otherwise stated in this Lease) and approval deemed to be Tenant's Work. Tenant and Landlord shall approve and attach an EXHIBIT D (“Plan of plans which Work”) to this Lease that shall include any drawings, statements of items being provided by Tenant and Landlord in the Leased Property and any other necessary items that are attached hereto needed to clarify Tenant and referenced Landlord responsibilities for the condition of the Leased Property at the Commencement Date. Both Tenant and Landlord shall approve the Plan of Work as EXHIBIT “C and EXHIBIT “C-1”. On soon as possible following the execution of this lease Lease. Both Tenant and Landlord must approve any changes to the Plan of Work, in writing, prior to proceeding with the changes. Approval of plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord for their accuracy or sufficiency or conformity with applicable laws, and Tenant shall commence be solely responsible for such plans and utilize TWC Construction, or any other licensed, bonded specifications and insured general contractor (“Tenants Contractor”) for all of Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s 's Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall not commence construction any of Tenant’s 's Work utilizing until Landlord has approved EXHIBIT D. Tenant’s Contractor's taking possession of the Leased Property shall be conclusive evidence of Tenant's acceptance thereof in good order and satisfactory condition. Tenant shall diligently pursue such installation and work agrees that Landlord has made no representations as to completion. Subject to 3.3 belowconformance with applicable laws respecting the condition of the Leased Property or the presence or absence of Hazardous Materials (hereinafter defined) in, all of Tenant’s Work shall be at Tenant’s sole cost and expenseat, under or abutting the Leased Property or the environment. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate also agrees that no representations respecting the location condition of the trash containers. During the Tenant Improvement PeriodLeased Property, Tenant and its contractorno warranties or guarantees, if anyexpressed or implied, shall keep the Common Areas free of all construction and related debris. Prior INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, with respect to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Areaworkmanship or any defects in material, and all such areas shall be in broom clean condition and no promise to decorate, alter, repair or improve the Common Area shall be returned to Leased Property either before or after the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlordexecution hereof, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted have been made by Landlord on or its agents to Tenant unless the Premises or Shopping Center of which it is a partsame are contained herein.

Appears in 1 contract

Samples: Lease Agreement (Endocyte Inc)

Tenant’s Work. The parties acknowledge In order to prepare the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) Premises for Tenant’s Work that does not require permits. Within five days from execution of this lease's occupancy thereof, Tenant shall submit Tenant, at its plans to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at Tenant’s sole cost and expense, shall perform the following alterations, additions, improvements and other work on the Premises: replacement of the roof of the Premises; replacement of the HVAC system in the Premises; replacement of the existing restroom with a new restroom, including showers; renovation of the interior of the Premises to Tenant's specifications, as approved by Landlord; renovation and/or replacement of the operating systems in the Premises; seismic upgrades (limited to wall-to-roof anchors); installation of carpeting, tile and new offices; and other interior improvements to Tenant's specifications, as approved by Landlord (collectively "Tenant's Work"). Tenant shall provide its own trash container(scause the Tenant's Work to be completed to Landlord's reasonable satisfaction. Prior to commencing Tenant's Work, Tenant shall obtain Landlord's prior written consent (not to be unreasonably withheld or delayed) as needed to plans and specifications for containment the Tenant's Work (which shall include a detail of all finishes), the contractor performing the Tenant's Work and removal of construction debris from the schedule for performing Tenant’s Work 's Work, and Tenant shall remove said trash containers prior also provide Landlord with copies of any required building or other permits of governmental authorities and evidence of the contractor's insurance coverage acceptable to opening for businessLandlord. Tenant shall not be obligated to provided any performance and/or payment bonds with respect to the Tenant's Work, and the Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all impose no construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be management fees in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement connection with Tenant's performance of Tenant’s 's Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s 's Work shall be undertaken completed by Tenant in accordance with the plans and completed specifications therefor approved by Landlord, shall be carried out in a good, workmanlike and prompt manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental applicable statutes, ordinances, rules and regulations pertaining theretoof governmental authorities having jurisdiction thereof, and shall be subject to supervision by Landlord. If the performance of Tenant's Work shall trigger any code upgrades to any portion of the Premises or otherwise obligate the Landlord 41 42 and/or Tenant covenants that no work to make any alterations, additions or improvements to any portion of the Premises, including, without limitation, under the Americans with Disabilities Act, Title 24 or any laws relating to seismic safety, all such upgrades, alterations, additions or improvements shall be made by Tenant or Tenant’s employees, agents or contractors at its sole cost and expense. Landlord shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord have the right to post on the Premises or Shopping Center any notices of which it is a partnonresponsibility and other notices that Landlord may deem appropriate for the protection of Landlord's interest in connection with Tenant's performance of the Tenant's Work. Tenant shall provide Landlord with one set of as-built drawings of the Tenant's Work and one set of construction drawings based on the final build-out of Tenant's Work.

Appears in 1 contract

Samples: Lease Agreement (Intuit Inc)

Tenant’s Work. The parties acknowledge Prior to the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this leaseExpense Commencement Date, Tenant shall submit shall, at its plans to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at Tenant’s sole cost and expense, perform pro-occupancy improvements in accordance with Paragraph 7.3. As soon as reasonably practicable after the execution of this Lease, Tenant shall provide its own trash container(s) perform the asbestos abatement tasks identified in Exhibit B, attached hereto, for which Landlord will credit Tenant with Tenant's actual out-of-pocket expenses (whether such expenses are incurred directly or as needed for containment and a part of improvements made to the Premises by Tenant, including, without limitation, improvements of Tenant in upgrading or replacing HVAC systems that may require removal of construction debris from Tenant’s Work asbestos for installation (and Tenant in the case of the latter, the costs attributed to such tasks shall remove said trash containers prior be reasonably estimated by agreement of the parties if not separately itemized)) up to opening a maximum of $20,000 towards the Base Rent due for businessthe thirteenth month of the Lease. Landlord shall designate not be responsible for the location condition or remediation of any other asbestos containing materials at or on the Premises, all of which shall be Tenant's responsibility. Tenant acknowledges receipt of a copy of the trash containerssummary of asbestos containing materials attached hereto in Exhibit C prepared by a consultant to Landlord, which Landlord is providing to Tenant without representation or warranty. During Landlord hereby agrees that Landlord shall deliver the heating, ventilating and air-conditioning ("HVAC"), electrical and plumbing systems, electrical and plumbing fixtures and the roof in good working order, it being acknowledged and agreed by Tenant Improvement Periodthat Landlord shall have no ongoing obligation with respect to the maintenance, Tenant and its contractor, if any, shall keep replacement or repair of said items from or after the Common Areas free Commencement Date. By taking possession of all construction and related debris. Prior to opening for businessthe Premises, Tenant shall remove all construction be deemed to have accepted the condition of the HVAC, electrical and related debris from the Premises plumbing systems, electrical and Common Area, and all such areas shall be in broom clean condition plumbing fixtures and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partroof.

Appears in 1 contract

Samples: Agreement of Lease (Clontech Laboratories Inc)

Tenant’s Work. The parties acknowledge Owner acknowledges that Tenant intends to build out the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for demised premises in order to facilitate Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Work's use thereof. Tenant shall diligently pursue prepare and submit to Owner for its approval plans and specifications for the issuance per building permits. Within build-out of the demised premises ("Tenant's Work") and Owner shall have 10 days after receipt of such plans and specifications in order to approve the same; provided in the event Owner shall not object to such plans and specifications within such 10-day period, then Owner's approval of such plans shall be deemed given if Owner does not object for five days after Tenant gives Owner a second notice referring to this Article. Owner will consent to the installation by Tenant of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractora staircase between the 11th and 12th Floors. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of enter into a contract with a general contractor for Tenant’s Work shall be at Tenant’s sole cost and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s 's Work and Tenant agrees to submit the name of such contractor to Owner for its approval, which shall remove said trash containers be deemed given if no objection is made within 10 days of receipt of request for approval of the contractor. Owner agrees to pay for the cost of Tenant's Work in an amount not to exceed $249,900. Owner shall make such payment on delivery to Owner of a completed requisition for payment signed and certified as true by Tenant and Tenant's architect, stating the amount requested for payment, which shall include an itemized break down of the costs and expenses incurred by Tenant, stating the percentage of Tenant's Work that has been completed and indicating a minimum of 10% retainage of payments by Tenant to its contractors (it being understood that any request for payment hereunder prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement final payment on completion of Tenant’s 's Work shall not be on account of such required retainage), accompanied by copies of invoices, bills or receipts (or other evidence reasonably satisfactory to Owner) for the costs with respect to which such request for payment is being made. Alternatively, Owner will reimburse Tenant for such costs on presentation by Tenant to Owner of paid invoices for Tenant's Work. Tenant’s contractor At the time of final payment, Owner shall name Landlord, its partners, receive executed lien waivers from all contractors and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no subcontractors respecting work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partperformed.

Appears in 1 contract

Samples: College Television Network Inc

Tenant’s Work. The parties acknowledge Tenant agrees to accept the receipt Leased Property in its present "AS IS" condition. Further alterations of the Leased Property will be at Tenant's sole expense (unless otherwise stated in this Lease) and approval deemed to be Tenant's Work. Tenant and Landlord shall approve and attach an Exhibit “D” (“Plan of plans which Work”) to this Lease that shall include any drawings, statements of items being provided by Tenant and Landlord in the Leased Property and any other necessary items that are attached hereto needed to clarify Tenant and referenced Landlord responsibilities for the condition of the Leased Property at the Commencement Date. Both Tenant and Landlord shall approve the Plan of Work as EXHIBIT “C and EXHIBIT “C-1”. On soon as possible following the execution of this lease Lease. Both Tenant and Landlord must approve any changes to the Plan of Work, in writing, prior to proceeding with the changes. Approval of plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord for their accuracy or sufficiency or conformity with applicable laws, and Tenant shall commence be solely responsible for such plans and utilize TWC Construction, or any other licensed, bonded specifications and insured general contractor (“Tenants Contractor”) for all of Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s 's Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall not commence construction any of Tenant’s 's Work utilizing until Landlord has approved Exhibit "D." Tenant’s Contractor's taking possession of the Leased Property shall be conclusive evidence of Tenant's acceptance thereof in good order and satisfactory condition. Tenant shall diligently pursue such installation and work agrees that Landlord has made no representations as to completion. Subject to 3.3 belowconformance with applicable laws respecting the condition of the Leased Property or the presence or absence of Hazardous Materials (hereinafter defined) in, all of Tenant’s Work shall be at Tenant’s sole cost and expenseat, under or abutting the Leased Property or the environment. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate also agrees that no representations respecting the location condition of the trash containers. During the Tenant Improvement PeriodLeased Property, Tenant and its contractorno warranties or guarantees, if anyexpressed or implied, shall keep the Common Areas free of all construction and related debris. Prior INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, with respect to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Areaworkmanship or any defects in material, and all such areas shall be in broom clean condition and no promise to decorate, alter, repair or improve the Common Area shall be returned to Leased Property either before or after the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlordexecution hereof, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted have been made by Landlord on or its agents to Tenant unless the Premises or Shopping Center of which it is a partsame are contained herein.

Appears in 1 contract

Samples: Lease Agreement (Endocyte Inc)

Tenant’s Work. The parties acknowledge Under the receipt and approval of plans Lease to which are attached hereto and referenced this Exhibit is attached, except as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this leaseotherwise set forth herein, Tenant shall submit its plans has agreed to accept the appropriate governmental agency Premises “as is,” without any obligation for permits the performance of improvements or other work by Landlord, and Tenant desires to construct perform certain improvements thereto (the “Tenant’s Work”, as further described below). Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Such Tenant’s Work shall be at Tenant’s sole cost planned and expenseperformed strictly in accordance with the provisions of this Exhibit and applicable provisions of the Lease. Tenant shall provide its own trash container(stake all actions necessary to cause Tenant’s Planners to prepare the Approved Plans, and to cause Tenant’s Contractors to obtain permits or other approvals, diligently prosecute the Tenant’s Work to completion, and obtain any inspections and occupancy certificates for Tenant’s occupancy of the Premises by the Lease Commencement Date. Any delays in the foregoing shall not serve to xxxxx or extend the time for the commencement of rent under the Lease, and then only to the extent of one (1) day for each day of “Landlord Delay” (as needed for containment and removal defined below), provided substantial completion of construction debris from the Tenant’s Work and Tenant shall remove said trash containers prior Tenant’s ability to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from reasonably use the Premises and Common Area, and all by the Lease Commencement Date (or by such areas shall be in broom clean condition and later date when Tenant would otherwise have substantially completed the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work) is actually delayed thereby. Tenant’s contractor shall name Landlord agrees to cooperate with Tenant (including signing all reasonably necessary applications and other documents, at no cost or expense to Landlord, its partners, and ) in assisting Tenant to complete the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed as soon as possible in a good, workmanlike manner, and accordance with the terms of this Work Letter. Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or notify Landlord upon completion of the Tenant’s employeesWork (and record any notice of completion contemplated by law). As used herein, agents or contractors a “Landlord Delay” shall disrupt or cause a slowdown or stoppage mean and refer to an actual period of any work conducted by Landlord on delay in substantial completion of the Tenant’s Work in the Premises or Shopping Center caused by any of which it is a part.the following:

Appears in 1 contract

Samples: Lease Agreement (Repligen Corp)

Tenant’s Work. The parties acknowledge the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) have the right to submit plans for the Tenant’s Work that does not require permitsin stages for portions of the Demised Premises. Within five days from execution of this lease, Tenant shall submit cause the TI Architect to prepare and deliver to Landlord for Landlord’s or MDC’s review preliminary plans (architectural, mechanical, electrical, plumbing and structural, if necessary) and specifications for the proposed leasehold improvements (the “Preliminary Plans”). Landlord shall have ten (10) business days after its plans receipt thereof (or such additional time as may reasonably be necessary) to review the Preliminary Plans, request any changes it deems reasonably appropriate, and indicate on the Preliminary Plans which portions of the leasehold improvements are to be removed by Tenant prior to the appropriate expiration or termination of the Lease. The TI Architect shall modify the Preliminary Plans to accommodate Landlord’s changes, and resubmit the revised plans (the “Revised Preliminary Plans”) to Landlord for approval. If Tenant or the TI Architect elect not to make said changes to the Preliminary Plans, then Landlord shall have the right to require Tenant to perform corresponding restoration work to effect said changes prior to the expiration or termination of the Lease. Upon receipt of Landlord’s approval of the Revised Preliminary Plans, the TI Architect shall prepare a complete set of construction drawings and specifications for the construction of the proposed leasehold improvements (the “Working Drawings”). The Working Drawings shall be in sufficient detail for (i) Tenant’s general contractor to obtain bids from all trades for and to perform the work described on the Working Drawings; (ii) Tenant’s general contractor to secure building permits from the requisite governmental agency for permits authorities having jurisdiction over same; and (iii) Landlord or MDC to construct indicate the portion of Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at Tenant’s sole cost and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, which Tenant is to remove by expiration or termination of the Lease. The Working Drawings shall keep conform to and be consistent with the Common Areas free Revised Preliminary Plans and comply with all applicable Laws and Insurance Requirements, as those terms are defined in the Lease. The Working Drawings shall be submitted to MDC for review and approval, which approval (or a request for changes to be made) shall be given within fifteen (15) days after receipt thereof. Within five (5) business days after MDC’s approval of all construction the Working Drawings, as modified by any revisions requested by MDC, Landlord and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from initial same to confirm their mutual approval thereof (the Premises and Common Area, and all such areas shall be in broom clean condition and “Approved Working Drawings”). The Approved Working Drawings will indicate which portions of the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partnersif any, and will have to be removed by Tenant prior to the manager expiration or termination of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike mannerLease, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully will timely comply with all governmental statutes, ordinances, rules such requirement and regulations pertaining theretorepair any damage to the Land or the Building caused thereby at its own expense. Tenant covenants that will have no work by Tenant or obligation to remove any other portion of the Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partWork.

Appears in 1 contract

Samples: Agreement of Sublease (Advancis Pharmaceutical Corp)

Tenant’s Work. The parties acknowledge the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence have the right to perform any or all of the Additional Tenant’s Work, subject to Landlord’s prior reasonable approval, which shall be given to Tenant within ten (10) business days upon Landlord’s receipt of detailed plans and utilize TWC Constructionspecifications from Tenant; however, Landlord’s approval shall be deemed to have been given if Landlord fails to respond to Tenant within said ten (10) business day approval period. Tenant shall not be charged by Landlord for any supervisory, management, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution review fees in connection with review or monitoring of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Additional Tenant’s Work. Tenant shall diligently pursue have the issuance per building permitsright to select all contractors, subcontractors, architects, engineers, consultants, etc. Within five days of in connection with the Additional Tenant’s Work, subject to Landlord’s prior reasonable approval. However, Landlord shall be provided an opportunity to submit to Tenant obtaining permits Tenant shall commence a bid for construction of any or all of the Additional Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completionWork. Subject to 3.3 belowLandlord’s prior reasonable approval, all Tenant shall have the right to construct computer rooms, interconnecting stairs, and any other specialized facilities, provided such work does not jeopardize the structural integrity of Building 18 and/or Building 18A. Tenant and Landlord shall agree on a mutually acceptable construction schedule with respect to the Additional Tenant’s Work. The Additional Tenant’s Work shall be at Tenant’s sole cost made in a good and expense. Tenant shall provide its own trash container(s) as needed workmanlike manner, and all contracts for containment and removal of construction debris from the Additional Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. that is not constructed by Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening require signed releases against mechanics liens upon payment in full for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Additional Tenant’s Work. If any of the Additional Tenant’s contractor Work is constructed by contractors other than Landlord, Tenant shall cause its contractors to provide Landlord with evidence of commercial general liability insurance at the limits set forth in section 8 (Insurance) of the Agreement of Lease dated July 17, 1990, and shall name LandlordLandlord as an additional insured. Said contractor(s) shall also provide Landlord with evidence of Workers’ Compensation and Employers Liability Insurance. Tenant shall indemnify, its partnersdefend, and the manager save harmless Landlord from all expense, liens, claims, damages or injuries to either persons or property arising out of, or resulting from activities related to any of the Shopping Center as additional named insured on contractorAdditional Tenant’s insurance policiesWork not constructed by Landlord. All The Additional Tenant’s Work shall be undertaken subject to the terms and completed conditions set forth in a goodsection 5 (Alterations) of the Agreement of Lease dated July 17, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a part1990.

Appears in 1 contract

Samples: Agreement of Lease (Haemonetics Corp)

Tenant’s Work. (a) Landlord acknowledges that Tenant intends to perform certain improvements to prepare the Second Amendment Premises for Tenant’s occupancy and make new improvements to the Existing Premises (collectively, the “Tenant’s Work”). All of Tenant’s Work shall be completed in accordance with plans first approved by Landlord and the requirements for alterations and improvements made by or on behalf of Tenant set forth in Section 16.2 of the Lease. The parties acknowledge the receipt review, modification, change and approval process for such plans shall be as set forth in Section 2.3 of plans which are attached hereto the First Amendment. Copies of all permits and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) approvals required for Tenant’s Work that does shall be furnished to Landlord promptly upon receipt thereof. Tenant’s Work shall be performed by a contractor first approved by Landlord (“Tenant’s Contractor”), which approval shall not require permitsbe unreasonably withheld, conditioned or delayed and such Tenant’s Work shall be performed under a written construction contract. The approval by Landlord of Tenant’s Contractor shall not impose upon Landlord any responsibility or liability whatsoever to Tenant as a result of, or arising out of, the defaults or other acts or omissions of Tenant’s Contractor. A copy of ail required bonds and certificates of insurance required by the Lease shall be furnished to Landlord prior to commencement of construction and installation of Tenant’s Work. Within forty-five (45) days from execution after completion of this leaseany Tenant’s Work, Tenant shall submit its provide to Landlord “as-built” plans to the appropriate governmental agency for permits to construct of Tenant’s Work. Tenant shall diligently pursue provide Landlord with copies of the issuance per building permits. Within five days certificate of Tenant obtaining permits Tenant shall commence construction of occupancy for any Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all that requires a certificate of Tenant’s Work shall be at Tenant’s sole cost and expense. Tenant shall provide its own trash container(soccupancy within five (5) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partbusiness days after receipt.

Appears in 1 contract

Samples: Office Lease (Cvent Inc)

Tenant’s Work. The parties acknowledge All work beyond the receipt scope of Landlord’s Work which is required to complete the entire Premises and approval obtain a final certificate of plans which are attached hereto and referenced occupancy or its equivalent for the Premises will be the responsibility of Tenant (“Tenant’s Work”). Subject to Landlord’s obligation to provide the Tenant Allowance (as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease defined below), Tenant shall commence bear the full cost of Tenant’s Work and utilize TWC Constructionany costs required under Paragraph 13 below. Additionally, or any other licensedcable TV connections, bonded security systems, telephone equipment and insured general contractor wiring, and office equipment and wiring shall be the responsibility of Tenant. Separate and apart from the Tenant Allowance, Landlord shall split the actual cost of preliminary “test – fit” drawings with Tenant on a 50%/50% basis with a maximum contribution by Landlord of Ten Thousand Dollars ($10,000) (the Tenants ContractorSpace Plan Allowance). Landlord shall reimburse Tenant with the Space Plan Allowance within thirty (30) days following receipt of an invoice from Tenant evidencing the total cost actually paid by Tenant for such “test – fit” drawings and the applicable amount payable by Landlord. Subject to Landlord’s obligation to provide the Tenant Allowance and the Space Plan Allowance, the cost of space planning and preparing the working drawings (including the drawings noted in Paragraph 7 below) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant or any changes thereto shall submit its plans to the appropriate governmental agency for permits to construct be paid by Tenant’s Work. Tenant shall diligently pursue contract directly with a unionized general contractor for the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing (“Tenant’s Contractor”), which contractor shall be subject to Landlord’s prior written approval, which will not be unreasonably withheld, conditioned or delayed. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at construction contract with Tenant’s sole cost and expense. Tenant Contractor shall provide its own trash container(s) as needed for containment and removal of construction debris from include appropriate provisions to allow Landlord to assume Tenant’s Work rights and responsibilities under the contract in the event of a material default by Tenant shall remove said trash containers prior to opening for businessunder the contract. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening not charge a fee for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partsaid review.

Appears in 1 contract

Samples: Lease Agreement (Synopsys Inc)

Tenant’s Work. The parties acknowledge After the receipt Commencement Date, Tenant, at Tenant's sole cost and approval expense, shall perform any and all alterations, improvements and work (other than Landlord’s Work) necessary to complete construction of plans which are attached hereto the Leased Premises and referenced as EXHIBIT “C to use and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor occupy the same for the purposes permitted hereunder (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Work”). Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at Tenant’s sole cost done in a good and expenseworkmanlike manner in compliance with all building codes and regulations and in accordance with plans and specifications first approved in writing by Landlord as described below. Notwithstanding any provision hereof to the contrary, Landlord may demand Tenant make such variations in the work to be performed by it as may be reasonably necessary or appropriate for the development of the Building and construction of the Leased Premises and the Building, but no such changes shall materially alter the general appearance or amount of floor space in the Leased Premises nor substantially affect the quality or substantially change the interior arrangement of the Leased Premises. Tenant shall provide its own trash container(s) as needed for containment indemnify Landlord and removal save Landlord harmless from and against any and all claims, costs, damages, and expenses on account of construction debris from such Tenant’s Work and Work. Notwithstanding the foregoing, Tenant shall remove said trash containers prior furnish to opening for businessLandlord, at least five (5) days before any improvements are made by Tenant, preliminary drawings or reasonably detailed drawings or explanations of work (the "Plans and Specifications") showing all improvements to be constructed, installed or placed by Tenant in the Leased Premises. Landlord shall designate review the location of Plans and Specifications and either approve the trash containers. During the Tenant Improvement Period, Tenant and its contractorsame or state what commercially reasonable changes, if any, Landlord requires therein within five (5) days after receipt thereof, which approval shall keep the Common Areas free of all construction and related debrisnot be unreasonably withheld, delayed or conditioned. Prior to opening for businessIf Landlord requires any changes, Tenant shall remove all construction cause the Plans and related debris from Specifications to be revised in accordance with any requirements of Landlord and shall resubmit the Premises same to Landlord for its review in accordance with the timelines above. Tenant acknowledges and Common Areaagrees that Landlord shall have no liability whatsoever for any defects, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement errors or omissions as a result of its approval of Tenant’s Work's Plans and Specifications. Promptly after approval of Tenant’s contractor shall name Landlord's Plans and Specifications, Tenant shall, at its partnersown costs and expense, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental approvals and permits in connection with Tenant's Work. Upon Tenant's receipt of all necessary governmental approvals and permits, licenses Tenant shall promptly commence and approvals proceed to substantially complete Tenant's Work. Landlord shall provide Tenant with respect thereto a tenant improvement allowance not to exceed $500,000.00 (the “Improvement Allowance”) to pay the costs and shall fully comply with all governmental statutesexpenses for the portion of the Tenant’s Work that constitutes Leasehold Work (as hereinafter defined), ordinancesthe actual disbursed amount of which Landlord will amortize over three years of Initial Term at an annual interest rate of five percent (5%), rules and regulations pertaining thereto. Tenant covenants that no work payable by Tenant monthly in the same manner and at the time Tenant pays Base Rent; provided, however, that Tenant may reimburse Landlord in such additional amounts or in full for the Improvement Allowance at any time during the Initial Term without penalty. If the actual costs of the Leasehold Work exceed the Improvement Allowance, Tenant shall solely be responsible for the additional cost. The Improvement Allowance shall be used to pay for the portion of the Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted Work described on Exhibit E attached hereto and to be performed by Landlord on Tenant (the Premises or Shopping Center of which it is a part“Leasehold Work”).

Appears in 1 contract

Samples: Lease (Tpi Composites, Inc)

Tenant’s Work. The parties acknowledge Provided that Tenant has obtained the receipt insurance required by Article 6 above and approval has paid to Landlord the sum of plans which are attached hereto and referenced $__N/A__ as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this leaserequired by Section 8.7 below, Tenant shall submit its plans shall, upon receipt of Landlord's notice, have the right to enter the appropriate governmental agency for permits Premises and perform Tenant's work and the installation of all Tenant's fixtures, sign faces (subject to construct Section 11 below), equipment and merchandise at the Premises as outlined in Exhibit D entitled "Tenant’s 's Work". Tenant shall diligently pursue Tenant's entry into the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work Premises hereunder shall be at Tenant’s 's own risk and without interference with any remaining work which must be performed by Landlord in the Premises. Tenant shall use all due diligence to construct and complete Tenant's Work and shall complete Tenant's Work, the installation of all Tenant's fixtures, sign faces, equipment and merchandise and open for business in the Premises within one hundred twenty (120) days after the date Landlord delivers possession of the Premises to Tenant, except that if Tenant is delayed from opening for business for reasons beyond the control of Tenant the time shall be extended for a reasonable period to accommodate that delay. In no event will a failure to open as a result of a delay hereunder be cause for termination of the Lease so long as Tenant is otherwise paying the rent and other common area maintenance costs and any other charges under the Lease on a timely basis. Tenant shall design and construct Tenant's Work hereunder at Tenant's sole cost and expense. Any and all fixtures and equipment that Tenant may install or otherwise employ on the Premises shall be new and shall be of good quality and condition. Any item not specifically listed as Landlord's Work in Section 8.2 above shall be deemed Tenant's Work. Tenant shall obtain all permits required for such work. Landlord shall approve all plans. Tenant shall use licensed contractors and new materials to perform all work. Tenant shall provide its own trash container(s) as needed for containment Landlord with a list of all contractors and removal sub-contractors who perform work on the Premises doing work with a value of construction debris $5,000 or more, and will also provide Landlord with written, fully executed, Unconditional Lien Waiver Releases from Tenant’s Work all contractors and Tenant shall remove said trash containers sub-contractors prior to opening for business. Landlord shall designate business in the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partPremises.

Appears in 1 contract

Samples: Shopping Center Lease (North Valley Bancorp)

Tenant’s Work. The parties acknowledge the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On Within fifteen (15) days execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this leaseLease, Tenant shall submit its preliminary plans and specifications for the improvements and alterations to be completed in the 4th Floor Premises, as further described as “Tenant’s Work” on the Tenant Work Letter attached hereto as Exhibit B to Landlord for Landlord’s preliminary review and approval prior to submission of the same to the appropriate governmental agency for permits such agency's review and approval, Within three (3) business days after receipt of the preliminary plans and specifications, Landlord shall approve the preliminary plans and specifications or deliver to construct TenantTenant its specific objections thereto, together with its proposed solution to each objection. Landlord’s Workapproval of the plans and specifications shall not be unreasonably withheld or delayed. Tenant shall diligently pursue If Landlord fails to either approve or disapprove the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation preliminary plans and work to completion. Subject to 3.3 belowspecifications within the 3 business day period, all of Tenant’s Work then Landlord shall be deemed to have approved same. Following approval of the preliminary plans and specifications, Tenant, at Tenant’s sole cost and expense, shall prepare and deliver to Landlord final plans and specifications and working drawings (based on approved preliminary plans and specifications) covering Tenant’s Work. Tenant shall provide its own trash container(s) as needed for containment obtain approval of the final plans and removal of construction debris specifications and working drawings from Tenant’s Work all appropriate governmental agencies and after they have been approved, a copy shall be initialed and dated by the parties. Tenant shall remove said trash containers prior use diligent efforts to opening for businessobtain such approval as soon as is reasonably practicable. The plans and specifications as prepared by Tenant herein (as approved by Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas herein) shall be in broom clean condition and the Common Area shall be returned controlling with respect to the condition it was in prior to commencement performance by Tenant of Tenant’s Work. Landlord shall not charge Tenant with any review or oversight fees in connection with its review and approval of Tenant’s contractor plans and specifications. Tenant shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All then complete Tenant’s Work shall be undertaken and completed in a good, good and workmanlike manner, utilizing new materials and Tenant shall obtain all necessary governmental permitsduly licensed contractors, licenses substantially in accordance with the approved final plans and approvals with respect thereto specifications and shall fully comply working drawings and in compliance with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partApplicable Laws.

Appears in 1 contract

Samples: Office Lease (Skechers Usa Inc)

Tenant’s Work. The parties acknowledge Tenant shall accept the receipt Demised Premises "as is" on the date hereof and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”Landlord shall have no obligation whatsoever to prepare the Demised Premises for occupancy by Tenant. On execution Any such work performed by Tenant shall be subject to the provisions of this lease Tenant shall commence Lease, including without limitation Articles 10 and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at Tenant’s sole cost and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business11. Landlord shall designate pay to Tenant, upon written request from time to time (but not more frequently than monthly) and pro rata as such work progresses, an amount equal to the location cost thereof not in excess of $317,640 (hereinafter referred to as "Landlord's Construction Contribution"). Any unused balance of Landlord's Contribution plus an additional allowance in the amount of $21,176 (hereinafter referred to as "Landlord's Additional Allowance") may be applied to any other costs (including without limitation architectural, engineering, space planning and moving expenses) incurred by Tenant in relocating its business operations to the Demised Premises. The disbursement of any portion of Landlord's Construction Contribution or Landlord's Additional Allowance shall be made within fifteen (15) days following the receipt by Landlord of invoices, receipts and other documentation evidencing to Landlord's reasonable satisfaction the costs on account of which such disbursement has been requested, as well as releases and waivers of any mechanic's and other liens for any labor or materials furnished as part of such work. Any portion of Landlord's Construction Contribution or Landlord's Additional Allowance not paid within fifteen (15) days from the date when due in accordance with the foregoing provisions shall bear interest thereafter at a rate equal to one percent in excess of the trash containers. During so-called "prime rate" charged from time to time by the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free First National Bank of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common AreaBoston, and all such areas shall may be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement deducted from installments of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partYearly Fixed Rent next becoming due hereunder.

Appears in 1 contract

Samples: Investment Technology Group Inc

Tenant’s Work. The parties acknowledge the receipt (a) Simclar shall prepare and submit to Landlord for its approval of Simclar’s space plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants ContractorSpace Plans”) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at Tenant’s sole cost and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for businessPremises. Landlord shall designate the location have five (5) Business Days (defined herein) to approve or disapprove of the trash containersSpace Plans (such approval not to be unreasonably withheld, as provided in this Work Letter). During If disapproved, Landlord shall meet with Simclar and their respective contractors and/or consultants to endeavor to finalize the Tenant Improvement PeriodSpace Plans within five (5) Business Days of Landlord’s disapproval. If the parties are unable to reach agreement, Tenant and Simclar, in its contractor, if anysole discretion, shall keep have the Common Areas free of all construction and related debrisoption to terminate the Lease Agreement without further obligation to Landlord. Prior Once the Space Plans have been approved by Landlord, Simclar shall cause its architect/engineer to opening for business, Tenant shall remove all construction and related debris prepare “permit-ready” working drawings from the Premises Space Plans, which shall include, among others, all architectural, mechanical/HVAC, electrical and Common Areastructural engineering drawings, locations of doors, partitioning, reflected ceiling, electrical fixtures, outlets and switches, telephone outlets, plumbing fixtures, extraordinary floor loads and other special requirements and finish schedules (the “Working Drawings”). The Working Drawings shall conform to all such areas applicable building codes, shall be sealed by a Missouri licensed architect and shall be in broom clean condition a form satisfactory for filing with appropriate governmental authorities for permits and the Common Area licenses required for construction. The Working Drawings shall be returned submitted to Landlord for its approval, which shall not be unreasonably withheld, as provided in this Work Letter. Landlord shall, within five (5) Business Days after receipt of the Working Drawings, either approve or disapprove of the Working Drawings, and, if disapproved, Landlord shall meet with Simclar and their respective contractors and/or consultants to endeavor to finalize the Working Drawings within five (5) Business Days of Landlord’s disapproval. If Landlord fails to respond within the aforesaid five (5) Business Days after receipt of complete Space Plans and Working Drawings, such Space Plans and Working Drawings, as the case may be, shall be deemed approved. Landlord shall have the right to disapprove or withhold approval of Space Plans, Working Drawings or other requests for approval of changes or additions by Simclar only for reasonable and material reasons which shall be limited to the condition it was in prior following (i) adverse effect on the Building structure, (ii) possible damage or adverse effect to commencement of Tenant’s Work. Tenant’s contractor shall name Landlordthe Building systems, its partners(iii) noncompliance with applicable codes, and or (iv) adverse effect on the manager exterior appearance of the Shopping Center as additional named insured on contractorBuilding. In the event that Landlord’s insurance policiesrequired changes materially increase the cost of the Tenant Work or make the Simclar Premises unsuitable for Simclar’s purposes, in the sole reasonable discretion of Simclar, Simclar shall have the right to terminate the Lease without further obligation to Landlord. All Tenant’s Work As used herein the term “Business Days” shall be undertaken and completed in a goodmean Monday through Friday, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partexcept when such days are nationally recognized holidays.

Appears in 1 contract

Samples: Lease Agreement (Simclar Inc)

Tenant’s Work. The parties acknowledge (a) Landlord shall deliver possession of the receipt Leased Premises to Tenant, and approval Tenant shall accept delivery of plans which are attached hereto and referenced the Leased Premises, in their "as EXHIBIT “C and EXHIBIT “C-1”. On execution is" "where is" condition promptly following the Effective Date of this lease Lease, except that, prior to delivering possession of the Leased Premises to Tenant, Landlord shall complete therein those items of work described in Exhibit "B" attached hereto. Tenant shall commence and utilize TWC Constructionagrees, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution prior to the commencement of the Term of this leaseLease, Tenant shall submit its plans to diligently perform all work of whatever nature in accordance with this Lease and Tenant's obligations set forth in Exhibit "C" ("Tenant's Work") and all other related work necessary to prepare for the opening to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction public of Tenant’s Work utilizing 's store in the Leased Premises. Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s 's Work shall be performed (i) by Tenant at Tenant’s 's sole cost and expense, subject to Landlord's obligation to grant the Allowance described below, (ii) in a first-class workmanlike manner with first-class materials, and (iii) by duly qualified or licensed persons. Landlord hereby agrees to grant Tenant the Allowance described in the Data Sheet, to be applied toward the cost of Tenant's Work. Disbursements shall provide its own trash container(sbe made to Tenant out of the Allowance in the following manner: (I) as needed for containment and removal one-third (1/3) within thirty (30) days after the date possession of construction debris from Tenant’s Work the Leased Premises is delivered to Tenant and Tenant shall remove said trash containers prior has commenced the performance of Tenant's Work, (II) one-third (1/3) within thirty (30) days after Tenant's Work has been two-thirds (2/3) completed (as certified by Tenant's independent architect) and Landlord has been furnished with partial lien waivers with respect to all such work, and (III) one-third (1/3) within thirty (30) days after the Commencement Date, Tenant's opening for businessbusiness in the Leased Premises, and the furnishing to Landlord of final lien waivers relating to all of Tenant's Work. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for businessUpon Landlord's request, Tenant shall remove cause its general contractor to furnish an affidavit to Landlord setting forth the names of all construction and related debris from the Premises and Common Area, and all such areas shall be subcontractors employed in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of connection with Tenant’s 's Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a part.

Appears in 1 contract

Samples: Center Lease (Big Buck Brewery & Steakhouse Inc)

Tenant’s Work. The parties acknowledge the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for With respect to Tenant’s Work that does not require permits. Within five days from execution of this lease's Work, Tenant shall submit its plans have the right to retain contractors, union or non-union, to fabricate millwork, including shelving, work surfaces, etc., and to install equipment, subject only to obtaining the appropriate governmental agency prior written approval of Landlord. Landlord's approval of a contractor for permits to construct Tenant’s the Tenant Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work which may not be unreasonably withheld, shall be at Tenant’s sole cost based upon consideration such as whether the contractor is properly licensed, his financial condition, experience and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for businesspast job performance. Landlord shall designate the location may require that Tenant provide evidence of the trash containers. During the insurance coverage of a type and amount, reasonably acceptable to Landlord and that Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free provide a certificate of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in insurance prior to commencement of any work naming Landlord as a loss payee. In addition, Landlord may require lien waivers from Tenant’s 's contractors in respect of Landlord's interest in the Premises. Upon the request of Tenant, Landlord shall grant to Tenant amid its contractors non-exclusive access to the Premises (the "Non-Exclusive Access Period") (a) during construction of Landlord's Work. , upon Ten (10) days' prior oral or written advice to Tenant’s contractor shall name Landlord, its partnersat such times and for such periods as reasonably necessary for the orderly and efficient delivery, construction and installation of Tenant's Installations set forth in Schedule 3, and (b) during the manager thirty-day (30) period immediately prior to the Term Commencement Date, at reasonable times, for the purpose of installing the Shopping Center as additional named insured on contractor’s insurance policiesTenant Work, provided, however, that the installation of Tenant's installations and the Tenant Work does not interfere with or delay the work of Landlord's General Contractor and its subcontractors. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, Landlord and Tenant shall obtain all necessary governmental permitsuse reasonable efforts to coordinate the Tenant's installations and the Tenant Work with Landlord's Work during the Non-Exclusive Access Period. Landlord shall lock the Building and Premises during the Non-Exclusive Access Period, licenses and approvals with respect thereto and when work is not being performed. Tenant's consultants shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on have access to the Premises or Shopping Center of which it is a partduring the construction period C-8 to install cabling, wiring and other related items prior to the partitions being enclosed. Tenant's consultants shall have access to the Premises during the construction period to install cabling, wiring and other related items prior to the partitions being enclosed.

Appears in 1 contract

Samples: Work Agreement (Iwo Holdings Inc)

Tenant’s Work. The parties acknowledge Tenant's consultants shall have access, at the receipt times and approval of plans which are attached hereto in the manner set forth below, to the Leased Premises during the construction period to install cabling, wiring and referenced as EXHIBIT “C Tenant's equipment and EXHIBIT “C-1”fixtures ("Tenant's Installations"). On execution of this lease Tenant shall commence and utilize TWC Construction, With respect to Tenant's Work or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this leaseInstallations, Tenant shall submit have the right to retain contractors, union or non-union to fabricate millwork, including shelving, work surfaces, etc., and to install equipment, subject only to obtaining the prior written approval of Landlord and shall have the right to perform data and phone switch installation using its plans own employees, contractors and consultants. Landlord's approval of contractors for Tenant's Work Installations, which may not be unreasonably withheld, conditioned or delayed, shall be based upon considerations such as whether the contractor is properly licensed, his financial condition, experience and past job performance. Upon the request of Tenant, Landlord shall grant to Tenant and its contractors non-exclusive access to the appropriate governmental agency Leased Premises (the "Non-Exclusive Access Period") (a) during construction of Landlord's Work, upon ten (10) days' prior oral or written advice to Tenant, at such times and for permits such periods as reasonably necessary for the orderly and efficient delivery, construction and installation of Tenant's Installations and (b) during the thirty-day (30) period immediately prior to construct the anticipated date on which the Leased Premises shall be ready for Tenant’s Work's occupancy, at reasonable times, for the purpose of installing the Tenant's Work or Installations, provided, however, that the installation of Tenant's Installations and Tenant's Work does not interfere with or delay the work of General Contractor and General Contractor's Subcontractors. General Contractor and Tenant shall diligently pursue use reasonable efforts to coordinate the issuance per building permitsTenant's Installations and Tenant's Work with Landlord's Work during the Non-Exclusive Access Period. Within five days of Tenant obtaining permits Tenant General Contractor shall commence construction of lock the Building and Leased Premises during the Non-Exclusive Access Period, when work is not being performed. Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work 's access hereunder shall be at Tenant’s 's sole cost risk and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate Commencing on the location first day of the trash containers. During the Tenant Improvement Non-Exclusive Early Access Period, Tenant agrees that all the terms and its contractor, if any, shall keep provisions of the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas Lease shall be in broom clean condition full force and effect except that Tenant shall have no obligation to pay rent during the Common Area shall be returned Non-Exclusive Early Access Period unless the Non-Exclusive Early Access Period goes beyond October 31, 1999. Tenant agrees to indemnify and hold harmless Landlord for any damage or personal injury which may occur as a result of Tenant's entry into the Leased Premises prior to the condition it was in Commencement Date. Tenant shall deliver to Landlord evidence of the insurance required to be maintained by Tenant pursuant to Section IV.E of the Lease prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and 's entry into the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partLeased Premises.

Appears in 1 contract

Samples: Tenant Improvements Construction Agreement (Genvec Inc)

Tenant’s Work. The parties acknowledge the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC ConstructionIn addition, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans subject to the appropriate governmental agency for permits provisions hereof, Landlord agrees to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation perform and work to completion. Subject to 3.3 belowcomplete, all of Tenant’s Work shall be at Tenant’s 's sole cost and expense. Tenant , but provided that the construction and contractor fees shall provide its own trash container(s) as needed be approximately up to $30,460.00 in total (including the cost of work and materials, but not including any permitting, filing fees, architect's fees nor any additional costs and expenses for containment work, materials, permitting and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location filing fees, architect's fees incurred by reason of the trash containers. During the Tenant Improvement Periodpreparation, Tenant issuance, review and/or revision of plans, if required, and/or construction of any changes or extras, all of which costs and expenses shall also be paid by Tenant) using Landlord (or Landlord's designee), as its sole contractor, if any, shall keep the Common Areas free of all construction and related debriswork to the Premises (collectively, "Tenant's Work") described on Exhibit "F" in a first class manner. Prior to opening for businessWithout limiting Tenant's other obligations, Tenant shall remove pay for all construction filing fees to obtain any necessary permits covering Tenant's Work. Landlord's makes no representations or warranties that if required, any such permits and related debris from approvals are obtainable. In the Premises event that such permits and Common Areaapprovals are not obtained, then Tenant's Work shall not be performed, and all such areas shall be this Lease will remain in broom clean condition full force and the Common Area shall be returned effect without any reduction or diminution of Base Rental or Additional Rental subject to the condition it was in prior to commencement provisions of the last sentence of this section. Upon receipt of any necessary permits and approvals Landlord's or its designee, on behalf of Tenant’s , shall perform Tenant's Work. Landlord makes no representations or warranties as to the date that Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s 's Work shall be undertaken substantially completed. It is expressly understood and completed agreed that Tenant's Work may be performed by Landlord, or its designee, at any time that Landlord or its designee deems appropriate, including such time that Tenant is in a goodoccupancy and conducting business in the Premises. Tenant will fully cooperate and allow Landlord and its designee full and complete access to the Premises for the purpose of performing Tenant's Work. There shall be no abatement or diminution of the Base Rental or any items of Additional Rental during the performance of Tenant's Work. If Landlord is unable to construct Tenant's Work, workmanlike manner, and then Tenant shall obtain all necessary governmental permitshave the right to terminate this Lease by written notice to Landlord sent within ten (10) days following Tenant's receipt of notice from Landlord that Landlord is unable to construct Tenant's Work and if Tenant fails to timely send such notice of termination, licenses and approvals with respect thereto and then Tenant's right to terminate shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partbe waived.

Appears in 1 contract

Samples: Lease (Aerobic Creations, Inc.)

Tenant’s Work. The parties acknowledge the receipt and Promptly after approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant's Plans, the Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor exercise all reasonable efforts to complete the work specified therein (“Tenants Contractor”) for "Tenant’s Work that does not require permits's Work"). Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct All Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s 's Work shall be at completed in accordance with the approved Tenant’s sole cost 's Plans and expensethe requirements for alterations and improvements made by or on behalf of Tenant set forth in this Lease. Tenant Copies of all permits and approvals required for Tenant's Work shall provide its own trash container(s) be furnished to the Landlord promptly upon receipt thereof. Tenant's Work shall be performed by a general contractor approved by the Landlord, which approval shall not be unreasonably withheld or delayed, under a written construction contract providing for such bonds as needed for containment are customary and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate reasonable in the location full amount of the trash containers. During contract sum; provided, however, that the Tenant Improvement Periodmay have Tenant's Work competitively bid by several general contractors approved in advance by the Landlord which approval shall not be unreasonably withheld or delayed and the Tenant may select among such general contractors the general contractor that will perform Tenant's Work. The approval by the Landlord of the Tenant's general contractor shall not impose upon the Landlord any responsibility or liability whatsoever to the Tenant as a result of, Tenant and its or arising out of, the defaults or other acts or omissions of the general contractor, if any, shall keep the Common Areas free . A copy of all construction required bonds and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas certificates of insurance required by this Lease shall be in broom clean condition and the Common Area shall be returned furnished to the condition it was in Landlord prior to commencement of construction and installation of Tenant’s 's Work. Tenant’s contractor shall name In addition, the Landlord, its partnersat Landlord's sole expense, may monitor the progress of Tenant's Work, including, without limitation, attend any weekly or other periodic job meetings. The Landlord shall provide the Tenant with no less than twenty four hours prior notice before it enters the Premises to review Tenant's Work, except in the event of an emergency, when no such notice shall be required. Any review and monitoring of Tenant's Work by the manager Landlord shall not impose upon the Landlord any responsibility or liability whatsoever to the Tenant as a result of, or arising out of, Tenant's Work. Within forty-five (45) days of completion of any Tenant's Work in accordance with the approved plans and specifications, the Tenant shall provide to the Landlord "as-built" plans in both paper and electronic form showing precisely how and where Tenant's Work was actually installed. The Tenant shall provide the Landlord with copies of any certificates of occupancy for any Tenant's Work that requires a certificate of occupancy reasonably promptly after completion of any portion of Tenant's Work. Nothing herein shall be construed as permitting the Tenant to occupy all or any portion of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in Premises for which the Tenant has not obtained a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully certificate of occupancy or otherwise failed to comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partlegal requirements as set forth herein.

Appears in 1 contract

Samples: Lease (SBS Technologies Inc)

Tenant’s Work. The parties acknowledge Tenant, through its contractor, and at its cost, but subject to reimbursement from the receipt and approval Tenant Allowance, shall be responsible for the construction of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution all improvements to the Premises for the operation of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor Tenant’s business at the Premises (“Tenants ContractorTenant’s Work”). Tenant anticipates that the Tenant’s Work will be completed in multiple phases, which shall be identified and defined in Tenant’s Plans (each a “Phase”) for Tenant’s Work that does not require permitseach such Phase. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall also include, but not be limited to, the following: (a) all improvements to be constructed by Tenant at Tenant’s sole cost the Premises pursuant to Tenant Plans (as defined below) and expense. Tenant shall provide its own trash container(sthe obligations set forth in this exhibit and the Lease; (b) as all trade fixtures, equipment, furniture, furnishings, decorating (including wall and floor coverings), telephone equipment, electronic, internet and data cabling, or other personal property; (c) all interior and exterior signs and design elements; (d) interior or exterior identification or way finding improvements and signs; (e) lighting, fire and life safety and building management systems and any other improvements within the Premises needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement operation of Tenant’s Work. business at the Premises; (f) additional or supplemental HVAC units; (g) improvements or modifications located anywhere within the Premises that are needed for compliance with Governmental Regulations as a result of: (1) Tenant’s contractor shall name Landlord, its partners, and Work; or (2) the manager use of the Shopping Center Premises for the Permitted Use; or (3) any construction or alterations to the Premises made by Tenant; and (h) all modifications needed to the Premises as additional named insured on contractor’s insurance policiesa result of changes in Governmental Regulations after the Delivery Date in accordance with Section 3.7 of this Lease. All Tenant’s Work shall be undertaken and completed in a goodgood and workmanlike manner and in compliance with the terms of the Lease, workmanlike mannerthis exhibit and all Governmental Regulations. Tenant shall ensure that all skill and workmanship in Tenant’s Work shall be of uniformly high quality, and in accordance with the good standards of practice. All improvements for Tenant’s Work shall be a commercial standard comparable to similar buildings in the Minnetonka Corporate Center, which is where the Premises is located. Prior to commencement of each Phase of Tenant’s Work, Tenant shall obtain also furnish Landlord with a construction schedule that identifies the timing for major components of such Phase of Tenant’s Work and copies of all necessary governmental permits, licenses construction contracts and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining theretosubcontracts that Tenant receives. Tenant covenants is authorized to enter the Premises and perform the first phase of Tenant’s Work commencing on the Delivery Date; provided that no work Tenant may not proceed with any phase of Tenant’s Work until the date that Tenant obtains all approvals of Landlord required under this exhibit, including, but not limited to, the approval by Landlord of Tenant Plans for the first Phase of Tenant’s Work and Tenant’s general contractor. Upon Tenant’s authorization to enter the Premises and perform Tenant’s Work, Tenant shall proceed with reasonable diligence to complete Tenant’s Work in accordance with Tenant Plans approved by the parties so as to allow Tenant to operate its business. Tenant anticipates that the first Phase of Tenant’s Work will be substantially completed by the Rent Commencement Date. Tenant shall pay Rent in accordance with the Lease regardless of when Tenant’s Work is substantially completed. Upon completion of each Phase of Tenant’s Work, Tenant shall notify Landlord that the Phase of Tenant’s Work has been completed and is available for inspection for conformance with the approved Tenant Plans. Tenant shall provide the following to Landlord upon substantial completion of each Phase of Tenant’s Work: (i) full and final lien releases from the general contractor and all subcontractors; (ii) a sworn construction statement from the general contractor referencing the total costs incurred for the completion of the current Phase of Tenant’s Work; (iii) to the extent available based on the portion of the Tenant’s Work included in such Phase, a final certificate of occupancy or other similar documentation from the government agency having jurisdiction; and (iv) a written statement from Tenant’s architect or contractor that the current Phase of Tenant’s Work is substantially completed in accordance with Tenant Plans. All documentation required to be provided to Landlord shall be in a form reasonably acceptable to Landlord. All improvements defined as Tenant’s Work shall be owned by Tenant until the Expiration Date or Tenant’s employeessooner termination of this Lease, agents or contractors at which time ownership shall disrupt or cause a slowdown or stoppage of any work conducted by vest in Landlord on the Premises or Shopping Center of which it is a part.in accordance with

Appears in 1 contract

Samples: Lease Agreement (Antares Pharma, Inc.)

Tenant’s Work. The parties acknowledge (A) Notwithstanding anything to the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of contrary in this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this leaseExhibit C, Tenant shall submit its plans be responsible for all work, construction, installations or improvements in or to the appropriate governmental agency for permits Premises which is not designated as Landlord’s TI Work (including but not limited to construct the installation of all computer and telephone cabling and systems, fixtures, furniture, equipment and other office installations unless designated as Landlord’s TI Work in the Approved Plans.) To the extent there is any such work to be performed independently by Tenant, such work shall hereinafter be referred to as “Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation ,” and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at Tenant’s sole cost and expense. Prior to commencing Tenant’s Work, Tenant shall provide its own trash container(s) as needed for containment submit drawings and removal of construction debris from specifications describing Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partnersshowing all aspects of such work in reasonable detail, to Landlord for Landlord’s review and the manager of the Shopping Center as additional named insured on contractor’s insurance policiesapproval, not to be unreasonably withheld, conditioned or delayed. All Tenant’s Work shall be undertaken treated as an “alteration” or “improvement” under the Lease, and completed in a goodshall be subject to the terms of (and approval procedures described in) the Lease with regard to alterations. Tenant may access the Premises during the fifteen (15) days prior to the Commencement Date for purposes of installing special equipment, workmanlike mannerfurniture, computers and telephone equipment, provided such access does not unreasonably impede completion of the Landlord Work pursuant to this Exhibit C. Tenant’s consultants and subcontractors may access the Premises during construction to install cabling and wiring prior to any partitions being enclosed and for the installation of systems furniture, provided such access does not unreasonably impede completion of the Landlord Tenant Improvement Work pursuant to Exhibit C and Tenant shall obtain all necessary governmental permits, licenses and approvals be responsible for coordinating such access with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or TenantLandlord’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partcontractors.

Appears in 1 contract

Samples: Deed of Lease (Alliance Bankshares Corp)

Tenant’s Work. The parties acknowledge (a) Tenant may make alterations and improvements to the Premises, which shall include separately metering and/or sub-metering the Premises for electricity, water, sewer and gas services (“Tenant’s Work”), in accordance with the following provisions of this Section 3.1. Tenant, in consultation with Landlord, shall prepare or cause to be prepared, and shall submit to Landlord for review and approval, working plans and specifications for any Tenant’s Work to be performed (“Tenant’s Work Plans”). Within 5 Business Days after receipt of any Tenant’s Work Plans, Landlord shall, by written notice to Tenant, approve or disapprove the Tenant’s Work Plans, Landlord will not unreasonably disapprove proposed Tenant’s Work Plans. In any disapproval of Tenant’s Work Plans, Landlord shall specify in reasonable detail the respects in which the Tenant’s Work Plans are not satisfactory to Landlord and the changes which Landlord desires in order that the Tenant’s Work Plans will be satisfactory to Landlord. After receiving any such notice of disapproval from Landlord with respect to Xxxxxx’s Work Plans, Tenant will revise the Tenant’s Work Plans as reasonably requested by Landlord and will resubmit the revised Tenant’s Work Plans to Landlord for review and approval in accordance with the procedures set forth above. After approval of plans Xxxxxx’s Work Plans by Landlord, Tenant may make changes to such Tenant’s Work Plans only with the prior written approval of Landlord, which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”approval shall not be unreasonably withheld, conditioned or delayed. On execution of this lease Tenant shall commence be fully responsible for compliance of any Tenant’s Work Plans with all applicable Legal Requirements and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for assuring that all Tenant’s Work Plans provide for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct will comply with all applicable Legal Requirements and will satisfy Tenant’s Workrequirements. Tenant shall diligently pursue the issuance per building permits. Within five days Xxxxxxxx’s approval of Tenant obtaining permits Tenant shall commence construction of any Tenant’s Work utilizing Tenant’s Contractor. Tenant Plans shall diligently pursue not constitute a certification, representation or warranty by Landlord that such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at Tenant’s sole cost and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement PeriodPlans are adequate, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be complete or in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals compliance with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partapplicable Legal Requirements.

Appears in 1 contract

Samples: Lease (Fulgent Genetics, Inc.)

Tenant’s Work. The parties acknowledge Tenant agrees to make the receipt improvements to the Leased Premises and approval the Adjacent Trailer Lot described on the scope of plans which are work attached hereto and referenced made a part hereof as EXHIBIT Exhibit C (the C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Work”). The cost and expense of such renovation shall be paid as follows: a. Tenant shall diligently pursue pay for any and all costs and expenses resulting from the issuance per building permits. Within five days of Tenant obtaining permits renovation to the Leased Premises and Adjacent Trailer Lot which are not “Infrastructure Costs,” which are hereby defined as drainage, water retention (basins) and grading work further identified and designated on Exhibit C. b. Landlord shall pay thirty-six percent (36%) and Tenant shall commence construction pay sixty-four percent (64%) of Tenant’s Work utilizing Tenant’s Contractorany and all costs and expenses resulting from the renovation to the Leased Premises and Adjacent Trailer Lot which are Infrastructure Costs (the “Tenant Reimbursement”). Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of The Tenant’s Work shall be at done in a good and workmanlike manner and shall comply with applicable federal, state and local laws, rules, regulations and code requirements pertaining thereto, and Tenant shall be responsible for obtaining any and all consents required in connection thereto. In connection with Tenant’s sole cost Work, Landlord hereby grants to Tenant a temporary license providing access to and expense. Tenant permission to perform the portion of Tenant’s Work on the Adjacent Trailer Lot, which license shall provide its own trash container(s) as needed for containment and removal terminate upon the completion of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location Landlord’s reimbursement of the trash containersTenant Reimbursement as set forth below. During Notwithstanding the Tenant Improvement Periodforegoing plans for renovation, Tenant accepts the Leased Premises in its existing condition and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas agrees that it shall be in broom clean condition responsible for maintaining and the Common Area repairing same (as set forth below) and complying with all applicable laws, regulations and ordinances pertaining to its use and occupancy of same, all at Tenant’s expense. The Tenant Reimbursement shall be returned paid by Landlord to the condition it was in prior to commencement Tenant upon completion of Tenant’s Work. Work and within ten (10) days of receipt of an invoice from Tenant requesting payment with a copy of Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All invoice and Tenant providing to Landlord a lien waiver from Tenant’s Work general contractor. In the event Landlord does not timely pay the Tenant Reimbursement to Tenant, Landlord shall be undertaken and completed pay to Tenant interest on such unpaid amounts at a rate of interest equal to four percent (4%) over the prime rate in a goodeffect from time to time as established by National City Bank, workmanlike mannerColumbus, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partOhio.

Appears in 1 contract

Samples: Parking Lot Lease Agreement

Tenant’s Work. The parties acknowledge the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor perform all work not required to be done by Landlord (“Tenants Contractor”Tenant’s Work’) for at its expense diligently and promptly and in strict accordance with Tenant’s Plans and in accordance [insert any applicable local governmental guidelines]. The date on which Tenant commences Tenant’s Work that does is the Construction Commencement Date, which shall occur within 30 days after the Possession Date. Tenant at the outside shall complete all. Tenant’s Work and open its business at the Premises to the public not require permitslater than 150 days after the Possession Date. Within five days from execution of this lease, All fixtures installed by Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Workbe new or completely reconditioned. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall not commence construction of Tenant’s Work utilizing until Landlord approves Tenant’s ContractorPlans. Tenant shall diligently pursue such installation and work be solely responsible for the arrangement with utility companies for all utility service to completionthe Premises. Subject If Tenant wants to 3.3 below, all of start Tenant’s Work before installation of utilities, Tenant may arrange for temporary connections, and Landlord will grant temporary easements across the Common Areas during the construction period, subject to availability of such connections and Landlord’s approval of the location of such connections and temporary easements. The temporary connections shall be installed at Tenant’s sole cost and expense. The location of utilities shall be in Landlord’s sole discretion. Tenant shall provide furnish, at its own trash container(s) as needed for containment sole cost and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location expense, a wall-check survey upon completion of the trash containersfootings. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for businessconstruction, Tenant shall remove all not permit its contractors to store any materials, park any cars, trucks, construction and related debris from vehicles or equipment outside of the Premises and Common Areathe area to be designated by Landlord for storage and parking. Tenant also shall not permit its contractors to interfere with the operation of the Center. Tenant shall require its contractors to police daily the area surrounding the Premises and between the entrances to the Center and the Premises to pick up trash and debris, sweep up dirt, remove construction implements and materials, and all such areas shall be in broom do what is necessary to keep the Center clean condition and the Common Area shall be returned to the condition it was in prior to commencement free of dirt and debris. Before starting Tenant’s Work. , Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage provide to Landlord evidence of any work conducted by insurance as follows (Landlord on the Premises or Shopping Center of which it is a part.to receive 30-days’ notice prior to cancellation):

Appears in 1 contract

Samples: Ground Lease Agreement (Howard Bancorp Inc)

Tenant’s Work. The parties acknowledge Tenant shall improve the receipt and approval Building by up-grading Building's electrical service from 1600 amps to 6000 amps subject to the provisions of this Lease. Approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”specifications by Landlord shall not be unreasonably withheld. On execution Tenant may make non-structural improvements to the Premises at any time or from time to time prior to or during the Term without the approval or consent of the Landlord. For purposes of this lease Section 3.2, "non-structural alterations or improvements" shall mean any alterations or improvements to the Premises other than material alterations or improvements to the roof, exterior walls, load-bearing walls, support beams or foundation of the Building. All structural alterations or improvements to the Premises proposed by Tenant shall commence be done in accordance with plans and utilize TWC Constructionspecifications first approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned. Prior to commencing construction of any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this leasestructural alterations or improvements to the Premises, Tenant shall submit to Landlord plans and specifications for such proposed structural alterations or improvements. Landlord shall review such plans and specifications as submitted within ten (10) business days after receipt thereof and shall notify Tenant in writing within such ten (10) business day period whether Landlord approves or disapproves such plans and specifications. In the event Landlord reasonably disapproves such plans and specifications in any respect, Landlord shall, in writing in its plans notice of disapproval to Tenant, specify in reasonable detail the appropriate governmental agency reasons for permits to construct Tenant’s Workits disapproval thereof. Tenant shall diligently pursue then prepare any revisions to such plans and specifications which may be reasonably necessary to correct the issuance per building permitsdeficiencies in such plans and specifications as described in Landlord's disapproval notice and shall resubmit such plans and specifications as so revised to Landlord for re-review in accordance with the same procedure set forth above, except that Landlord must complete its review and notify Tenant of its approval or disapproval of the revised plans and specifications within three (3) business days after receipt thereof by Landlord. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at Tenant’s sole cost and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work Landlord and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate initial any plans and specifications after the location of the trash containers. During the Tenant Improvement Period, same have been submitted by Tenant and its contractor, if any, shall keep the Common Areas free of all construction approved by Landlord. If Landlord fails to give Tenant written notice as aforesaid either approving or disapproving any plans and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a part.specifications or

Appears in 1 contract

Samples: Dura Products International Inc

Tenant’s Work. The parties acknowledge Landlord's Contribution. Upon tender of possession of the receipt and approval of plans which are Premises, Tenant agrees to proceed with due diligence to perform the work more particularly described on Exhibit C attached hereto and referenced incorporated herein by reference (the "Tenant's Work"), all of such work to be performed at Tenant's expense in a good and workmanlike manner and in substantial compliance with Exhibit C. Landlord, at no cost to Tenant, will make available to Tenant at reasonable times Landlord's building engineer who will assist Tenant in reviewing documents and will provide information with respect to the Building insofar as EXHIBIT “C the same is necessary for the prosecution of Tenant's Work. All Tenant's Work shall be performed in accordance with the Rules and EXHIBIT “C-1”Regulations for Design and Construction of Tenant Work attached hereto as Exhibit D. Landlord will give Tenant and Tenant's contractors access to the Premises prior to the completion of Landlord's Work in order that Tenant may commence Tenant's Work provided Tenant and Tenant's contractors work in harmony with those of Landlord and do not delay the completion of Landlord's Work. On execution Tenant's entry for the purpose of performing Tenant's Work shall be subject to all of the terms, covenants and conditions of this lease Lease, including the covenant to maintain insurance, except for the covenant to pay Rent. Landlord will provide to Tenant shall commence during the period of the performance of Tenant's Work electricity, water and utilize TWC Constructionsewer at no charge to Tenant. During such period, or any other licensedLandlord will also provide, bonded at no charge to Tenant, heating, ventilation and insured general contractor air conditioning (“Tenants Contractor”"HVAC") for Tenant’s Work that during normal business hours as long as it does not require interfere with the supplying of HVAC to the other tenants of the Building. Landlord also agrees to reimburse Tenant for the cost of the Tenant's Work, such reimbursement not to exceed an amount equal to $5.00 multiplied by the rentable square footage of the Premises. As used herein, the term "cost of the Tenant's Work" means the actual, bona fide, direct out-of-pocket costs paid by Tenant to governmental agencies for building and similar permits, to its architect, to its contractors, sub-contractors, and to its suppliers, in connection with the performance of the Tenant's Work. Within five days from execution of this leaseIn order to receive payment, Tenant shall submit its plans to Landlord an invoice(s), approved for payment by Tenant, generated by the general contractor, sub-contractor(s), vendor(s), or suppliers) evidencing all charges incurred to date. Landlord shall remit payment directly to the appropriate governmental agency general contractor, sub-contractor, or vendor, for permits the amount of each invoice presented within 20 days of receipt of the invoice. Landlord shall only be obligated to disburse amounts up to the total amount of the Tenant Improvement Allowance. Once such threshold has been reached, Landlord shall so notify the Tenant, and Tenant shall assume responsibility for all remaining payments in connection with Tenant's construction. Prior to commencement of Tenant's Work to the Premises and the Building, Tenant shall deliver the plans and specifications therefor to Landlord for its written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant's final plans and specifications shall replace Exhibit "C" to the Lease. Landlord shall respond to Tenant's request for approval of Tenant's plans and specifications within seven (7) days after receipt thereof; the failure of Landlord to respond within such period shall constitute approval of such plans and specifications. In the event Landlord shall not approve the plans and specifications, Landlord shall notify Tenant of its objections thereto. Landlord and Tenant shall thereafter work cooperatively and in good faith to reach agreement upon mutually acceptable plans and specifications. Tenant shall engage its own contractor and/or construction manager subject to Landlord's approval (which approval shall not be unreasonably withheld, conditioned or delayed) to construct the Tenant’s 's Work. Tenant shall diligently pursue not be responsible for Landlord's own costs related to review, construction management or supervision fees, cost or expenses related to the issuance per building permitsInitial Alterations. Within five days of Landlord agrees to reasonably assist Tenant in obtaining all necessary permits for the Tenants Work from appropriate governmental authorities. Tenant shall commence be granted access to the Premises during the construction of Tenant’s 's Work utilizing Tenant’s Contractor. Tenant shall diligently pursue 24 hours a day, 7 days a week for as long as such installation access and work to completion. Subject to 3.3 below, all construction does not materially interfere with the business of Tenant’s Work shall be at Tenant’s sole cost and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location existing tenants of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partBuilding.

Appears in 1 contract

Samples: Net2000 Communications Inc

Tenant’s Work. (A) Tenant shall accept the Premises in their as-is condition without any obligation on Landlord’s part to perform any additions, alterations, improvements, demolition or other work therein or pertaining thereto. Tenant, at its sole cost and expense (subject to payment of the Tenant Allowance (as defined hereafter)), shall perform all work necessary to prepare the Premises for Tenant’s occupancy in accordance with plans and specifications prepared by an architect, licensed by The parties acknowledge Commonwealth of Massachusetts and reasonably approved by Landlord, such plans and specifications to be subject to the receipt and reasonable approval of plans Landlord. Tenant shall endeavor in good faith to submit to Landlord no later than the Tenant Plans Date a detailed floor plan layout together with working drawings (the “Tenant’s Submission”) for work to be performed by Tenant to prepare the Premises for Tenant’s occupancy (“Tenant’s Work”). Such floor plan layout and working drawings (the “Plans”) shall contain at least the information required by, and shall conform to the requirements of, Exhibit B-2. Provided that the Plans contain at least the information required by, and conform to the requirements of, said Exhibit B-2, Landlord’s approval of the Plans (and any revisions resubmitted to Landlord) shall not be unreasonably withheld or delayed; however, Landlord’s determination of matters relating to aesthetic issues relating to alterations or changes which are attached hereto and referenced as EXHIBIT visible outside the Premises shall be in Landlord’s sole discretion. Landlord agrees to respond to Tenant’s submission of the Plans within five (5) business days after such submission. The failure of Landlord to respond to Tenant within such five (5) business day period shall be deemed a C and EXHIBIT “C-1Landlord Delay”. On execution In the event of this lease a Landlord Delay, Tenant shall commence and utilize TWC Constructionbe entitled to a rent abatement against Tenant’s obligation to pay Annual Fixed Rent following the Rent Commencement Date equal to one (1) day for each day of such Landlord Delay. In addition, or any other licensedif Landlord shall fail to respond to Tenant’s submission of the Plans within such five (5) business day period, bonded and insured general contractor then Tenant may, after the expiration of such five (5) business day period, give Landlord another request (the Tenants ContractorSecond Request”) therefor, which shall state in bold face, capital letters at the top thereof: “WARNING: SECOND REQUEST. FAILURE TO RESPOND TO THIS REQUEST WITHIN FIVE (5) BUSINESS DAYS SHALL RESULT IN DEEMED APPROVAL THEREOF.” If Landlord does not respond within three (3) business days after receipt of the Second Request, then Landlord’s consent to the submitted Plans shall be deemed to have been granted; provided that in no event shall Landlord’s consent be deemed given for any structural alterations or alterations affecting the exterior of the Building. If Landlord disapproves of any Plans, then Tenant shall promptly have the Plans revised by its architect to incorporate all objections and conditions presented by Landlord and shall resubmit such plans to Landlord no later than five (5) business days after Landlord has submitted to Tenant its objections and conditions. Such process shall be followed until the Plans shall have been approved by Landlord without objection or condition. Landlord hereby approves of the initial schematic plans for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to attached hereto as Exhibit B-3 (the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at Tenant’s sole cost and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a part“Approved Schematic Plan”).

Appears in 1 contract

Samples: Agreement (Dynatrace Holdings LLC)

Tenant’s Work. The parties acknowledge Tenant shall procure at Tenant’s sole expense all necessary permits and licenses before undertaking any work on the receipt Premises; do all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, environmental, fire, health and other codes, regulations, ordinances and laws; furnish to Landlord for Landlord’s review and approval prior to the commencement of any such work reasonably detailed plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”specifications. On execution Landlord hereby agrees not to unreasonably withhold or delay approval of this lease Tenant such plans and/or specifications; provided that Landlord shall commence and utilize TWC Constructionnot be deemed unreasonable for refusing to approve any construction, alterations, or additions requested by Tenant which would render the Premises or any other licensedmaterial part thereof unsuitable for its current use and which would require unusual expense to readapt the Premises substantially to such use on lease termination or would materially increase the cost of insurance or taxes on the Building, bonded unless Tenant first provides security reasonably acceptable to Landlord assuring that such readaptation will be made prior to such termination without expense to Landlord or Tenant agrees to pay such increased cost of insurance. Any work requiring penetration of, or alterations to, the roof of the Premises shall be performed by Landlord’s approved roofing contractor. All equipment or structures placed on the roof of the building in which the Premises is located shall be screened from view so as not to be visible from the street and insured general contractor shall be located no closer than thirty feet (“Tenants Contractor”30’) for Tenantfrom any edge of the roof. The location and manner of attachment of any equipment or structures placed on the roof by Tenant or its contractors shall be subject to Landlord’s Work that does not require permitsprior review and approval. Within five days Landlord and Landlord’s consultants shall have the right at any time and from execution of this lease, Tenant shall submit its plans time to time to inspect the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue Premises during the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing TenantInitial Installations to ensure compliance with the terms hereof, and in the event that Landlord or Landlord’s Contractor. consultant gives notice to the Tenant of non-compliance of such construction, Tenant shall diligently pursue promptly undertake to correct such installation and work deficiencies in order to completion. Subject to 3.3 below, all bring the construction of Tenant’s Work shall be at Tenant’s sole cost Initial Installations into compliance with the terms and expense. Tenant shall provide its own trash container(s) as needed for containment and removal conditions of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, this Lease and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutesapplicable laws, ordinances, rules and rules, regulations pertaining thereto. Tenant covenants that no work by Tenant or and/or code Initials: /s/ KS /s/ RL Landlord Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a part.

Appears in 1 contract

Samples: Lease Agreement (Ufp Technologies Inc)

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Tenant’s Work. The parties acknowledge (a) Within thirty (30) days after the receipt execution and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution delivery of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this leaseAgreement by Landlord, Tenant shall submit its furnish to Landlord for Landlord's approval, two (2) sets of plans and specifications done in accordance with the Tenant Handbook which shall provide for the remodeling of the Leased Premises, including without limitation, utilities, interior finish (including refinishing counters and new menu board for display), painting, signage and fixturing plans, together with mechanical and electrical specifications with respect to the appropriate governmental agency work to be performed and the installations to be made by Tenant in order to fit the Leased Premises for permits to construct use by Tenant in the conduct of its business ("Tenant’s 's Work"). Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 belowagrees, all of Tenant’s Work shall be at Tenant’s its sole cost and expense, to construct and make such improvements in the Leased Premises in accordance with the approved plans and specifications. Tenant shall provide its own trash container(sbe allowed to close the Leased Premises for a period not to exceed thirty (30) as needed for containment and removal of construction debris from days ("Remodel Period") to perform Tenant’s 's Work and Tenant shall remove said trash containers prior continue to opening pay all Minimum Rent and additional rent due under the Lease. Tenant has inspected the Leased Premises, is familiar with its condition and accepts same "as is" and in its present condition and Landlord shall not be obligated to do any further construction or to make any additional improvements in the Leased Premises, except as may otherwise be expressly provided herein. The taking of the Leased Premises by Tenant for businessthe performance of Tenant's Work shall be conclusive evidence that at such time the Leased Premises were in satisfactory condition except that this provision shall not be deemed to release Landlord from its obligation to make such repairs as are elsewhere set forth herein as Landlord's obligation to make. If Landlord shall, within thirty (30) days after receipt of Tenant's plans and specifications, notify Tenant of any objections to such plans and specifications, Tenant shall make necessary revisions and resubmit the same within thirty (30) days after such notice. Landlord's approval will be evidenced by endorsement to that effect on the plans and specifications, one set to be retained by Landlord and one set by Tenant. Tenant understands that Landlord's approval of its plans and specifications is primarily for conceptual purposes and such approval shall not constitute a representation or warranty of any kind with respect thereto, including, without limitation, cost of Tenant's Work, compliance with governmental requirements or suitability of design. As soon as practicable after the plans and specifications are made available to Landlord and Landlord shall have approved Tenant's plans and specifications, Tenant shall enter the Leased Premises and shall proceed with due diligence and dispatch to make improvements and install fixtures and other equipment and a full stock of inventory therein, in accordance with the approved plans and specifications and all governmental requirements. Such work and installation shall not interfere with any work to be done by Landlord in other portions of the Shopping Center, shall be done with labor which is not incompatible with other labor employed at the Shopping Center without creating any conflict or work stoppage with, under or as a result of any labor agreement to which Landlord or its contractors may be a party, and in compliance with such rules and regulations as Landlord may reasonably make. Landlord shall designate have no responsibility or liability whatsoever for any loss of or damage to any fixtures or other equipment or inventory installed or left in the location Leased Premises, and Tenant's entry on and occupancy of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Leased Premises and Common Area, and all such areas shall be in broom clean condition governed by and subject to all the Common Area shall be returned to the condition it was in prior to commencement provisions, covenants and conditions of Tenant’s Workthis Lease. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain and furnish to Landlord to be delivered not later than the expiration of the Remodel Period, lien waivers from all necessary governmental permitscontractors, licenses subcontractors and materialmen, a building permit, licenses, certificates and approvals with respect thereto to work done and installations made by Tenant that may be required from the governmental authorities with respect to Tenant's Work, use and occupancy and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage open for business to the public not later than the expiration of any work conducted by Landlord on the Premises or Shopping Center of which it is a partRemodel Period.

Appears in 1 contract

Samples: Lease Agreement (Passport Restaurants Inc)

Tenant’s Work. The parties acknowledge the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence do the work, if any, shown on Exhibit B (herein referred to as "TENANT'S WORK"), as the work on the part of the Tenant, in a good and utilize TWC Constructionworkmanlike manner in accordance with "PLANS AND SPECIFICATIONS" (as hereinafter defined) which have Landlord's written approval, or any other licensednot to be unreasonably withheld, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans prior to the appropriate governmental agency for permits to construct commencement of Tenant’s 's Work. Tenant shall diligently pursue furnish and install any and all necessary trade fixtures, equipment and other items necessary for the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction proper conduct of Tenant’s Work utilizing Tenant’s Contractor's business. "PLANS AND SPECIFICATIONS", as used in this Section V(b) and in Section XIII, shall mean documents and drawings sufficient for contract bidding and work completion. All of the foregoing work and all work Tenant may undertake pursuant to Section XIII of this Lease shall be done in accordance with all laws, rules, regulations and ordinances applicable' thereto, including, if necessary, compliance with the Americans With Disabilities Act, as amended from time to time, and the acquisition by Tenant of a Building Permit from the municipal department having jurisdiction, if required. In no event shall Landlord be required to provide or install any trade fixtures or equipment. Tenant shall diligently pursue such installation and work be entitled to completionreceive a cash leasehold improvement allowance in an amount not to exceed $5.00 per square foot of Net Rentable Area of the Premises (hereinafter referred to as the "TI CONTRIBUTION"). Subject The TI Contribution shall be payable by Landlord to 3.3 below, all Tenant within thirty (30) days of completion of Tenant’s 's Work shall and written demand therefore, such demand to be at Tenant’s sole cost accompanied by copies of building permits, certificate of occupancy if required, paid bills, lien waivers, and expenseother evidence that Landlord reasonably requires to satisfy itself as to the amount spent and the items for which such amount was spent. Tenant shall provide its own trash container(sbe entitled to that portion of the TI Contribution equal to the amount of approved costs actually incurred by Tenant (which may include the actual hard and soft costs of performing leasehold improvements and architectural and engineering costs, but not the cost of furniture or office equipment, voice and data cabling), and shall not be entitled to any portion of the TI Contribution in excess thereof in cash, credit or otherwise; any and all costs incurred by Tenant in excess of the TI Contribution shall be borne by Tenant. Tenant agrees to allow Landlord's contractor ("LANDLORD'S CONTRACTOR") as needed to submit estimates for containment completing Tenant's Work. In the event that Landlord's contractor is not the lowest bidder and removal subject to the reasonable prior approval of contractor by Landlord, Tenant agrees to employ for any work it may do pursuant to Sections V(b) and XIV of this Lease, one or more responsible contractors whose labor will work in harmony with other labor working in and about the Building and Property and with suppliers of materials, for use in construction debris from Tenant’s Work in and about the Building and Property, and especially Tenant agrees that it will not do or permit to be done anything which would cause any labor difficulty in connection with any construction in and about the Building and Property. Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of require all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work contractors employed by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a part.to carry Worker's Compensation Insurance in accordance with statutory requirements and to carry Commercial General Liability

Appears in 1 contract

Samples: Lease Agreement (Net Genesis Corp)

Tenant’s Work. The parties acknowledge (i) Subject to the receipt terms of Section 7(c) below pertaining to Landlord's Work and approval the terms of plans which are attached hereto the Workletter pertaining to Landlord's disbursement of the "Allowance" and referenced the "Space Plan Allowance" described therein, Tenant shall, at its sole cost and expense, perform such work as EXHIBIT “C may be necessary or desired by Tenant to improve the Premises for occupancy, all subject to and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution in accordance with the provisions of this lease, including, without limitation, the provisions of the Workletter attached hereto. All work referred to in this subparagraph, which work is to be constructed prior to the Commencement Date hereof, is hereinafter referred to as "TENANT'S WORK". Tenant, at Tenant's option, may retain Landlord as construction manager for all or any portion of the Tenant's Work, if Landlord agrees to perform such construction management services. In the event Tenant elects to retain Landlord as construction manager, and Landlord agrees to perform such construction management services, Tenant and Landlord shall, at Landlord's request, enter Landlord's standard form of Tenant Construction Agreement for similar work in the Building, including such fees payable to Landlord as may be mutually agreed-upon by the parties. In the event Tenant does not elect to engage Landlord as construction manager, then Tenant shall submit have the right to retain its plans own general contractor for construction of the Tenant's Work, which general contractor shall be subject to Landlord's approval, not to be unreasonably withheld), as provided in the appropriate governmental agency for permits to construct Tenant’s WorkWorkletter. Tenant shall diligently pursue hereby acknowledges and agrees that, in connection with the issuance per building permits. Within five days of Tenant's Work, Tenant obtaining permits Tenant shall commence construction of and any and all contractors performing Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s 's Work shall be at Tenant’s sole cost comply, in all respects, with Landlord's construction-related rules and expense. regulations for the Building, a copy of the current draft of which having heretofore been made available to Tenant shall provide its own trash container(s) as needed for containment review (it being understood that Landlord may hereafter revise, finalize and/or update said rules and removal of construction debris regulations from Tenant’s Work time to time and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, such revised construction-related rules and regulations pertaining thereto. so long as any material changes from the draft thereof heretofore made available to Tenant covenants that no are uniformly imposed, in general, upon other tenants performing construction work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on at the Premises or Shopping Center of which it is a partBuilding).

Appears in 1 contract

Samples: Imanage Inc

Tenant’s Work. The parties acknowledge the receipt 2.1 All interior improvements, including installation of Trade Fixtures, as indicated in Exhibit B-3, furnishings and approval of plans which are attached hereto and referenced building core improvements ("Building Core Improvements") (collectively referred to herein as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction"Tenant's Work"), or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be constructed by Tenant at Tenant’s its sole cost and expense. All of the plans and specifications for Tenant's Work shall be approved by Landlord in advance of commencing any construction. Such approval by Landlord, shall not be unreasonably withheld. The parties agree that certain items of the Building Core Improvements shall be completed during shell construction by Landlord. Tenant shall invest a minimum of fifty dollars ($50.00) per rentable square foot, in excess of the Tenant Improvement Allowance supplied by Landlord, excluding soft costs ("Soft Costs" are those items described in Paragraphs 2.2 (v) through (xii)), to improve the entire Premises. Tenant shall, on or before the Term Commencement Date, provide its own trash container(sLandlord with an accounting, certified by an officer of Tenant, itemizing all amounts expended by Tenant in excess of the Tenant Improvement Allowance to improve the Premises. If the amount expended by Tenant is less than fifty dollars ($50.00) as needed for containment per rentable square foot of the Building, (exclusive of Soft Costs), Tenant shall, together with the accounting, deliver to Landlord an unconditional irrevocable letter of credit (separate from the Letter of Credit described in paragraph 19 of this Lease) in an amount equal to the difference between the amount expended by Tenant and removal fifty dollars ($50.00) per rentable square foot of construction debris from Tenant’s Work and Tenant shall remove said trash containers the Building (exclusive of Soft Costs). At any time prior to opening the twenty-fourth month of the Lease Term (but in no event more frequently than monthly) Tenant may provide Landlord with an amended accounting, as above, showing additional amounts expended by Tenant to improve the Premises since the last date shown on the immediately preceding accounting. If the total amount expended by Tenant is less than fifty dollars ($50.00) per rentable square foot of the Building (exclusive of Soft Costs), the amount of the letter of credit may be reduced to a sum equal to the difference between the amount expended by Tenant and fifty dollars ($50.00) per rentable square foot of the Building (exclusive of Soft Costs). On or before the last day of the twenty-fourth month of the Lease Term, with an amended accounting as above showing in addition any amounts expended by Tenant to improve the Premises since the last date shown on Tenant's most recent accounting, if the total amount expended by Tenant is less than fifty dollars ($50) per rentable square foot, Landlord shall be immediately entitled to draw down from the letter of credit an amount equal to the difference between the amount expended by Tenant and fifty dollars ($50.00) per rentable square foot. Upon such draw the requirement that this letter of credit be maintained shall terminate. The letter of credit shall (a) designate Landlord or its assignees as beneficiary, (b) be issued by a financial institution approved by Landlord, (c) be in form satisfactory to Landlord, and (d) be for businessa term of twenty-six months. Landlord shall designate not be required to deliver any certifications or documentation of any kind to the location issuer in order to make a draw, other than Landlord's written demand. The issuer shall not be required to conduct any inquiry or investigation before paying Landlord the requested amount of the trash containersdraw. During Landlord may assign, transfer or pledge the letter of credit to any lender or purchaser in connection with any financing or sale of the Premises. Landlord shall provide to Tenant a Tenant Improvement Allowance of up to a maximum of thirty dollars ($30.00) per rentable square foot on the Premises ("Tenant Improvement Allowance") which shall include Soft Costs. The Tenant Improvement Allowance shall be reduced by the amount Landlord expends on Building Core Improvements, including the cost to Landlord of contracting with an architect to design the Building Core Improvements. Tenant shall promptly pay when due all costs for Tenant's Work. Landlord shall xxxxxurse Tenant a portion of such costs not to exceed in the aggregate the amount of the Tenant Improvement PeriodAllowance less amounts expended by Landlord for Building Core Improvements as provided above. Tenant shall, not more frequently than monthly after commencement of the construction of Tenant's Work, submit to Landlord requests for reimbursement of amounts expended by Tenant for Tenant's Work. Each request shall be certified by an officer of Tenant and its contractorshall include, if anywithout limitation, shall keep the Common Areas free (i) copies of all construction and related debris. Prior to opening invoices paid by Tenant for business, Tenant shall remove all construction and related debris which reimbursement is sought (ii) proof of payment of each invoice (iii) a fully executed unconditional lien release from the Premises and Common Areaeach payee, and (iv) such additional information as Landlord may reasonably request. After Landlord has received and approved each request as provided herein, Landlord shall process the approved request for payment by its lender and upon disbursement by Landlord's Lender reimburse Tenant promptly for one-half of all such areas shall be amounts shown in broom clean condition and the Common Area shall be returned request as expenditures for costs to which the Tenant Improvement Allowance applies, as hereinbelow provided, up to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partmaximum amount set forth above.

Appears in 1 contract

Samples: Cellegy Pharmaceuticals Inc

Tenant’s Work. The parties acknowledge the receipt and Promptly after approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant's Plans, the Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor exercise all reasonable efforts to complete the work specified therein (“Tenants Contractor”) for "TENANT'S WORK"). All Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s 's Work shall be at completed in accordance with the approved Tenant’s sole cost 's Plans and expensethe requirements for alterations and improvements made by or on behalf of Tenant set forth in this Lease. Tenant Copies of all permits and approvals required for Tenant's Work shall provide its own trash container(s) as needed be furnished to the Landlord promptly upon receipt thereof. Tenant's Work shall be performed by a general contractor approved by the Landlord, which approval shall not be unreasonably withheld or delayed, under a written construction contract providing for containment payment, performance and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate lien xxxxx xx the location full amount of the trash containers. During contract sum; provided, however, that the Tenant Improvement Periodmay have Tenant's Work competitively bid by several general contractors approved in advance by the Landlord which approval shall not be unreasonably withheld or delayed and the Tenant may select among such general contractors the general contractor that will perform Tenant's Work. The approval by the Landlord of the Tenant's general contractor shall not impose upon the Landlord any responsibility or liability whatsoever to the Tenant as a result of, Tenant and its or arising out of, the defaults or other acts or omissions of the general contractor, if any, shall keep the Common Areas free . A copy of all construction required bonds and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas certificates of insurance required by this Lease shall be in broom clean condition and the Common Area shall be returned furnished to the condition it was in Landlord prior to commencement of construction and installation of Tenant’s 's Work. In addition, the Landlord may monitor the progress of Tenant’s contractor 's Work, including, without limitation, attend any weekly or other periodic job meetings. The Landlord shall name Landlordprovide the Tenant with no less than twenty four hours prior notice before it enters the Premises to review Tenant's Work, its partnersexcept in the event of an emergency, when no such notice shall be required. Any review and monitoring of Tenant's Work by the manager Landlord shall not impose upon the Landlord any responsibility or liability whatsoever to the Tenant as a result of, or arising out of, Tenant's Work. Within forty-five (45) days of completion of any Tenant's Work in accordance with the approved plans and specifications, the Tenant shall provide to the Landlord "as-built" plans showing precisely how and where Tenant's Work was actually installed. The Tenant shall provide the Landlord with copies of any certificates of occupancy for any Tenant's Work that requires a certificate of occupancy reasonably promptly after completion of any portion of Tenant's Work. Nothing herein shall be construed as permitting the Tenant to occupy all or any portion of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in Premises for which the Tenant has not obtained a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully certificate of occupancy or otherwise failed to comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partlegal requirements as set forth herein.

Appears in 1 contract

Samples: Lease Agreement (Aspect Medical Systems Inc)

Tenant’s Work. The parties acknowledge So long as Landlord has approved Tenant's Plans in writing, as hereinabove referenced, Landlord and Tenant agree that Landlord's general contractor will construct the tenant improvements set forth on the Tenant's Plans (hereinafter ''Tenant's Work'') with respect to the Premises at cost (as hereinafter defined), plus an amount for overhead and general conditions of five and one-half percent (5.50%) of such cost, plus a Landlord's contractors fee of six percent (6%) of such aggregate cost (i.e. cost plus overhead and general conditions). In order to provide for payment by Tenant of the cost of Tenant's Work and any Change Orders provided for hereunder, including but not limited to the Net Additional Cost of Landlord's Work and any Additional Cost due to Change Orders in Tenant's Work as aforesaid, Tenant expressly covenants with Landlord that Tenant agrees to pay Landlord, or its contractor, as the case may be, within ten (10) business days of receipt of each of Landlord's monthly requisitions therefor, the amount of such requisition for Tenant's Work and/or Change Orders, including without limitation the Net Additional Cost of Landlord's Work, performed in the Premises for the preceding month based on a percentage of completion basis, subject, however, to retainage as follows: (i) until such time as the Landlord's Work and Tenant's Work has been fifty percent (50%) completed, retainage in the amount of ten percent (10%) of each requested requisition, shall be deducted therefrom; and (ii) from and after that certain date on which Landlord's architect certifies to Tenant that Landlord's Work and Tenant's Work has been fifty percent (50%) completed, retainage in the amount of five percent (5%) of each requested requisition shall be deducted therefrom. All of such retainage shall be paid by Tenant to Landlord upon Substantial Completion (as hereinafter defined) of the Landlord's Work and the Tenant's Work, subject, however, to retainage in the amount of two hundred fifty percent (250%) of the estimated cost of completion of the Punch List Work (as hereinafter defined), which such cost shall be reasonably estimated by Landlord. Such retainage for the Punch List Work shall be paid by Tenant upon completion of the Punch List Work and receipt by Tenant of the Certificate of Final Completion (as hereinafter defined). Each requisition shall include copies of all subcontractor's and supplier's applications for payment and satisfactory evidence of payment of all previous invoices submitted by subcontractors and suppliers. In addition, Landlord's architect shall certify that the subject work specified in each of such monthly requisitions has been substantially completed, and a copy of such certification shall accompany each requisition furnished to Tenant hereunder. In no event shall any of such costs due and payable hereunder remain unpaid by Tenant as of the Term Commencement Date, except for any such retainage for Punch List Work as aforesaid. For purposes hereof, the cost of the Net Additional Cost of Landlord's Work and the Tenant's Work performed by Landlord's contractor shall be the aggregate of all Additional Costs specified in Landlord's Change Order Notices, excepting only with respect to Change Orders which are withdrawn by Tenant in accordance with the foregoing provisions. Landlord and Tenant further agree that the certification of cost by Xxxxxxxxx Construction Co., Inc. shall be based on the definition of cost as more particularly set forth in Exhibit L hereto. Any changes to the Tenant's Plans after the approval of plans which are the Tenant's Plans (and any changes to Landlord's Plans after the approval thereof as set forth in Section 3.1 above) shall be in accordance with the form of Work Change Order attached hereto as Exhibit K. As set forth above, within twenty-one (21) days after approval of Tenant's Plans, Landlord shall provide Tenant with construction cost estimates based on Tenant's Plans, including a breakdown by line-item and referenced category (Landlord and Tenant agreeing, however, that in the case of items costing less than one thousand dollars ($1,000.00), then such breakdown shall be provided only if requested by Tenant), the name of the subcontractor, if available, and the work and/or materials to be provided. Unless otherwise mutually agreed upon by Landlord and Tenant, in the pricing of the cost of Tenant's Work (specifically excluding Landlord's Work hereunder), Landlord agrees to obtain three (3) qualified bids from subcontractors selected from a master list of subcontractors mutually prepared and agreed upon by Landlord and Tenant prior to the soliciting of bids for any item of Tenant's Work exceeding twenty-five thousand dollars ($25,000.00). The subcontractor selected for the performance of the work shall be the subcontractor with the lowest bid price; provided, however, that if Landlord, in its reasonable judgment, determines that due to changed conditions (such as EXHIBIT “C increased work commitments on the part of the respective subcontractor, or other pertinent factors) the selection of such low bidder could result in Subcontractor Delay Days (as hereinafter defined), then Landlord shall provide written notice (a "Landlord's Subcontractor Notice") thereof to Tenant, which notice shall identify the low bidder and EXHIBIT “C-1”next lowest bidder and indicate the number of Subcontractor Delay Day(s) that would result from selection of the low bidder (giving due consideration of Landlord's obligations to use diligent efforts to accelerate construction to make up for lost time to delays). On execution of this lease Tenant shall commence and utilize TWC Constructionhave four (4) business days upon receipt of such Landlord's Subcontractor Notice to notify Landlord that either (i) Landlord should proceed with the original low bidder (in which event the Outside Delivery Date shall be extended for the number of days equal to the number of Subcontractor Delay Days indicated in Landlord's Subcontractor Notice), or any other licensed(ii) Landlord's selection of the next lowest bidder is acceptable to Tenant (in which event the Outside Delivery Date shall not be extended) Failure by Tenant to respond within said four (4) day period shall be deemed to constitute acceptance by Tenant of Landlord's selection of the next lowest bidder. Landlord agrees to use reasonable efforts to notify Tenant, bonded simultaneously or forthwith upon Tenant's notification to Landlord as to its election set forth in (i) and insured general contractor (“Tenants Contractor”ii) above, if Landlord has knowledge or a reasonable basis to believe that a Subcontractor Delay Day(s) will likely result due to Landlord's notification requirements hereunder, regardless of whether or not Tenant elects to proceed with the original lowest bidder or not. Upon completion of Landlord's pricing of Tenant's Work as aforesaid, Landlord shall prepare and submit to Tenant a line-item budget for the Tenant’s Work that does not require permits's Work, which budget shall include without limitation, Landlord's contractors fee. Within not more than five (5) business days from execution of this leaseafter receipt thereof, Tenant shall submit its plans comment upon the proposed budget and may request that Landlord rebid certain portions of Tenant's Work, and thereafter, Landlord and Tenant shall use reasonable good faith efforts to reach an agreement on the budget as soon as thereafter as possible (after approval by both Landlord and Tenant, the "Approved Budget"). In connection therewith, if Tenant requests that Landlord rebid certain portions of Tenant's Work, (i) Landlord and Tenant shall each approve those line items of the proposed budget that are acceptable and shall note their respective objections to those line items that are unacceptable to each of them, and, if necessary due to Tenant's request to rebid certain portions of Tenant's Work, and (ii) Landlord may require an adjustment in the Outside Delivery Date (as hereinafter defined) equal to the appropriate governmental agency actual number of days (the "Repricing Delay Days") as certified by Landlord and its architect that, despite Landlord's diligent efforts, the Scheduled Term Commencement Date was delayed by such Tenant's request that Landlord rebid certain portions of Tenant's Work. In addition, if Tenant requests that Landlord rebid certain portions of Tenant's Work, within thirty (30) days upon receipt of an invoice therefor (but in no event later than the Term Commencement Date), Tenant shall reimburse Landlord for permits all third party out-of-pocket costs and expenses, including architectural fees, engineering fees and other reasonable costs and expenses incurred by Landlord in connection with any such repricing of the Tenant's Work prior to construct the establishment of an Approved Budget. Such costs and expenses due from Tenant to Landlord hereunder shall exclude costs and expenses for which no invoices or other reasonable documentation is available. Upon Tenant’s Work's request, Landlord shall provide Tenant with copies of all bids, all final subcontracts with each subcontractor, invoices for materials and subcontractors' applications for payment. Tenant shall diligently pursue have the issuance per building permitsright to audit the cost of the Tenant's Work in the manner set forth in Section 5.2 of this Lease during construction of the Tenant's Work. Within five In the event Tenant is unsatisfied with the costs of Tenant's Work (or any portion thereof) upon receipt of such work, or in the event Tenant is not satisfied with the subcontractor bids obtained by Landlord, then Tenant may, within ten (10) business days of Tenant obtaining permits Tenant receipt of such cost price or subcontractor bids from Landlord, elect to request Change Orders to Tenant's Plans, whereupon the Landlord shall commence construction solicit new bids and reprice the cost of Tenant’s 's Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at Tenant’s sole cost and expense. Tenant shall provide its own trash container(s(or any portion thereof) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate in accordance with the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike mannerpreceding provisions, and Tenant shall obtain all necessary governmental permits, licenses be subject to any resulting days of Tenant's Delay and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining theretoAdditional Cost incurred in connection therewith as aforesaid. Tenant covenants shall also have the right to audit the cost of the Tenant's Work within ninety (90) days following the final completion thereof, however, such audit shall be limited to confirm that no work Landlord has paid and has received appropriate lien waivers from all subcontractors in accordance with the Approved Budget, and any Change Orders requested by and not withdrawn by Tenant or hereunder. Upon commencement of the Tenant’s employees's Work, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partand Tenant hereby further agree, each acting reasonably and in good faith, to attend and participate in weekly construction meetings with Landlord's general contractor's construction manager(s) during such construction process.

Appears in 1 contract

Samples: Open Market Inc

Tenant’s Work. The parties acknowledge the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease (a) Tenant shall commence and utilize TWC Constructionagrees, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans prior to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 belowCommencement Date, all of Tenant’s Work shall be at Tenant’s 's sole cost and expense, to diligently perform all work of whatever nature in accordance with Tenant's obligations set forth in Exhibit "D" ("Tenant's Work") and all other related work necessary to prepare for the opening to the public of Tenant's store in the Leased Premises in accordance with the provision of this Lease. Tenant agrees to furnish to Landlord the Store Design Drawings and Working Drawings and Specifications with respect to the Leased Premises prepared in the manner and within the time periods required in Exhibit "D" attached hereto. If such Store Design Drawings or Working Drawings and Specifications are not furnished by Tenant to Landlord within the required time period(s) in form to permit approval by Landlord, then the Fixturing Period (as described in the Data Sheet) shall be reduced by one (1) day of each day of delay by Tenant in submitting said plans, drawings and specifications. Landlord shall exercise reasonable efforts to respond to drawings and specifications submitted by Tenant pursuant to this Lease within seven (7) business days following Landlord's receipt of such drawings and specifications from Tenant. In the event of Landlord's failure to respond within such seven (7) business day period, the Fixturing Period as described in the Data Sheet shall be extended by one (1) day for each day of additional delay by Landlord. No material deviations from the final plans and specifications, once approved by Landlord, shall be permitted unless necessary to comply with applicable governmental requirements. Landlord's approval of Tenant's Store Design Drawings and Working Drawing and Specifications shall not constitute the assumption of such items. Tenant's Work shall include the installation of fixtures and equipment and the stocking of the Leased Premises with suitable merchandise. Tenant covenants that all such fixtures and equipment visible to customers shall be new and otherwise acceptable to Landlord in appearance. In addition to conforming to the requirements specified in Exhibit "D", all work performed by Tenant shall comply with such rules and regulations as Landlord and its representatives may make, provided that such rules and regulations are uniformly applied to all similarly situated Shopping Center tenants under construction. Unless Landlord otherwise directs in writing, Tenant shall not open the Leased Premises for business until all construction has been completed pursuant to the provisions of Exhibit "D". It is further understood and agreed that: (i) Landlord shall have no responsibility or liability whatsoever for any loss of, or damage to, any fixtures, equipment, merchandise, or other property belonging to Tenant, installed or left in the Leased Premises except to the extent resulting from the negligence or intentional acts of Landlord, its agents or employees; and (ii) Tenant's entry upon and occupancy of the Leased Premises prior to the Commencement Date shall be governed by and subject to all the provisions, covenants and conditions of this Lease. Tenant shall provide obtain, at its own trash container(s) as needed sole cost, and immediately thereafter furnish to Landlord, all certificates and approvals with respect to work done and installations made by Tenant that may be required for containment and removal the issuance of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location a certificate of occupancy of the trash containersLeased Premises, so that such certificate of occupancy shall be issued and the Leased Premises shall be ready for the opening of Tenant's business on the Commencement Date. During Upon the Tenant Improvement Periodissuance of the certificate of occupancy, Tenant and a copy thereof shall be immediately delivered to Landlord. Promptly upon the completion of its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for businesswork, Tenant shall remove repair, clean and restore all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager portions of the Shopping Center as additional named insured on contractor’s insurance policies. All affected by Tenant’s 's Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partto their prior condition.

Appears in 1 contract

Samples: Lease (Play Co Toys & Entertainment Corp)

Tenant’s Work. The parties acknowledge Landlord shall not be responsible for any improvements to the receipt Premises. Tenant takes the Premises in "AS IS" condition. Tenant, at its own cost and approval expense, shall be responsible for all improvements necessary to prepare the Premises to open for its Permitted Use including, without limitation, trade fixtures, furnishing and equipment, connection and submetering of plans which all utilities to the space including without limitation water, as well as any improvements Tenant is otherwise authorized to make during the term of the Lease (collectively "Tenant's Work"). All Tenant's Work shall be diligently performed in a good and workmanlike fashion. Before any such improvements are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this leasemade, Tenant shall submit its plans to plans, drawings, specifications, the appropriate governmental agency name of its general contractor together with its insurance coverage for permits to construct Tenant’s WorkLandlord's approval which shall not be unreasonably withheld. Tenant shall diligently pursue be responsible for the issuance per building permitsreasonable cost of professionals retained by Landlord to review said plans, drawings and specifications. Within five days Landlord shall not xxxx up the cost of said review by professionals and the cost of such review shall not exceed $2,500.00. Tenant obtaining permits Tenant shall commence construction may not do any work, as part of Tenant’s 's Work utilizing which requires permits without Landlord's approval. If Tenant’s Contractor's Work is not completed as required herein, subject to Notice and Cure provisions as provided herein, Landlord may enter upon the Premises and do what is required to complete Tenant's Work, including without limitation, proceeding with Tenant's contracts, contractors and equipment. Landlord shall have no liability to Tenant shall diligently pursue for any loss or damage resulting from such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at Tenant’s sole cost and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work action and Tenant shall remove said trash containers prior pay to opening Landlord upon demand any expense incurred in taking such action. Any work done by Landlord in the Premises on the Tenant's behalf shall upon Landlord's request, be paid for business. Landlord shall designate the location of the trash containers. During by the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partadvance.

Appears in 1 contract

Samples: Escrow Agreement (Imagica Entertainment Inc)

Tenant’s Work. The parties acknowledge the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence be responsible for any and utilize TWC Constructionall construction, or any other licensed, bonded design and insured general contractor specifications of the interior of the Premises deemed necessary by Tenant for its initial occupancy and operations (the Tenants ContractorInitial Tenant Work”) for including without limitation interior wall finish, finished ceilings, finish flooring, interior utilities design, including, gas, water, sewer, telephone and electricity, mechanical, plumbing and electrical systems, including HVAC, the interfaces between interior utility lines and the lines brought to the wall and/or floor of the Premises, interior decor and signage, railings, banisters, Tenant’s Work that does not require permits. Within five days from execution of this leasetrade fixtures, Tenant shall submit its plans to and the appropriate governmental agency for permits to construct interface between the Building’s mechanical and utilities systems and Tenant’s Worktrade fixtures, subject to approval in accord with Section 4.5. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of also be responsible to perform and pay for designing, planning, acquiring and installing Tenant’s Work utilizing trade fixtures and equipment, including without limitation, Tenant’s Contractorexterior signs, cabinetry, phone system, and intercom system. Tenant shall diligently pursue not overload the electrical wiring serving the Premises and will install, at its expense, with Landlord’s written approval, any additional electrical wiring required in connection with Tenant’s apparatus. Where required under any provision in this Lease, except as otherwise expressly set forth, Landlord’s consent or written approval shall not be unreasonably withheld. Landlord shall be under no obligation to make any repairs, replacements, reconstruction, alterations, or improvements to or upon the Premises or the mechanical equipment exclusively serving the Premises except as expressly provided for herein. For such installation work as Tenant may perform from time to time, including both the Initial Tenant Work and any future Tenant Improvements (as defined below), Tenant agrees to obtain its own policy of builder’s risk insurance and, if applicable, general liability insurance for any such work to completionand workers compensation insurance for any persons who perform Tenant’s work. Subject to 3.3 below, Tenant shall bear and pay the expenses incurred in performing all of Tenant’s Work shall be at work and all fees, charges and costs of permits and licenses relating to Tenant’s sole cost and expensework. Tenant shall provide its own trash container(s) as needed for containment bear the fees and removal costs of construction debris from Tenant’s architect in developing Tenant’s work and, except as provided below, shall not be reimbursed from Landlord. Provided Tenant is not in default of this Lease, Landlord agrees to contribute $150,000.00 (the “Allowance”) toward the cost of the Initial Tenant Work. The Allowance may only be used for the cost of preparing design and construction documents and mechanical and electrical plans for the Initial Tenant Work and for hard costs in connection with the Initial Tenant Work. The Allowance shall remove said trash containers prior be paid to opening for business. Landlord shall designate Tenant or, at Landlord's option, to the location order of the trash containers. During general contractor that performed the Initial Tenant Improvement PeriodWork, within thirty (30) days following completion of the Initial Tenant Work and receipt by Landlord of the following: (a) receipted bills covering all labor and materials expended and used in the Initial Tenant Work; (b) a sworn contractor's affidavit from the general contractor and a request to disburse from Tenant containing an approval by Tenant of the work done; (c) full and final waivers of lien; (d) as-built plans of Tenant’s work; and (e) the certification of Tenant and its contractorarchitect that the Initial Tenant Work has been installed in a good and workmanlike manner in accordance with the approved plans, and in accordance with applicable Laws, codes and ordinances. The Allowance shall be disbursed in the amount reflected on the receipted bills meeting the requirements above. Notwithstanding anything herein to the contrary, Landlord shall not be obligated to disburse any portion of the Allowance during the continuance of an uncured default under the Lease, and Landlord's obligation to disburse shall only resume when and if such default is cured. Tenant shall be responsible for all applicable state sales or use taxes, if any, payable in connection with the Initial Tenant Work. In no event shall keep the Common Areas free Allowance be used for the purchase of all construction and related debrisequipment, furniture or other items of personal property of Tenant. Prior to opening for business, Tenant shall remove all construction and related debris from Any portion of the Premises and Common Area, and all such areas shall be in broom clean condition and Allowance that exceeds the Common Area shall be returned to the condition it was in prior to commencement cost of Tenant’s Work. Tenant’s contractor work or is otherwise remaining after completion of the Initial Tenant Work ("Unused Allowance") shall name accrue to the sole benefit of Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and it being understood that Tenant shall obtain all necessary governmental permitsnot be entitled to any credit, licenses and approvals abatement or other concession in connection therewith. Landlord shall not be required to perform any work or, except as provided above with respect thereto and shall fully comply to the Allowance, incur any costs in connection with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant the construction or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage demolition of any work conducted by Landlord on improvements in the Premises or Shopping Center Premises. MJ Havana, LLC - Lightshade Labs, LLC 2014 Commercial Lease Page 5 of which it is a part.32

Appears in 1 contract

Samples: Commercial Lease (MJ Holdings, Inc.)

Tenant’s Work. The parties acknowledge the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) have the right to submit plans for the Tenant’s 's Work that does not require permits. Within five days from execution in stages for portions of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s WorkDemised Premises. Tenant shall diligently pursue cause the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation TI Architect to prepare and work deliver to completion. Subject to 3.3 belowLandlord for Landlord's or MDC's review preliminary plans (architectural, all of Tenant’s Work shall be at Tenant’s sole cost mechanical, electrical, plumbing and expense. Tenant shall provide its own trash container(sstructural, if necessary) as needed and specifications for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for businessthe proposed leasehold improvements (the "Preliminary Plans"). Landlord shall designate have ten (10) business days after its receipt thereof (or such additional time as may reasonably be necessary) to review the location Preliminary Plans, request any changes it deems reasonably appropriate, and indicate on the Preliminary Plans which portions of the trash containersleasehold improvements are to be removed by Tenant prior to the expiration or termination of the Lease. During The TI Architect shall modify the Preliminary Plans to accommodate Landlord's changes, and resubmit the revised plans (the "Revised Preliminary Plans") to Landlord for approval. If Tenant Improvement Periodor the TI Architect elect not to make said changes to the Preliminary Plans, then Landlord shall have the right to reasonably require Tenant to perform corresponding restoration work to effect said changes prior to the expiration or termination of the Lease, which restoration work shall be agreed upon at the time the Revised Preliminary Plans are approved. Upon receipt of Landlord's approval of the Revised Preliminary Plans, the TI Architect shall prepare a complete set of construction drawings and its contractorspecifications for the construction of the proposed leasehold improvements (the "Working Drawings"). The Working Drawings shall be in sufficient detail for (i) Tenant's general contractor to obtain bids from all trades for and to perform the work described on the Working Drawings; (ii) Tenant's general contractor to secure building permits from the requisite governmental authorities having jurisdiction over same; and (iii) Landlord or MDC to indicate the portion of Tenant's Work, if any, which Tenant is to remove by expiration or termination of the Lease. The Working Drawings shall keep conform to and be consistent with the Common Areas free Revised Preliminary Plans and comply with all applicable Laws and Insurance Requirements, as those terms are defined in the Lease. The Working Drawings shall be submitted to MDC for review and approval, which approval (or a request for changes to be made) shall be given within fifteen (15) days after receipt thereof. Within five (5) business days after MDC's approval of all construction the Working Drawings, as modified by any revisions requested by MDC, Landlord and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from initial same to confirm their mutual approval thereof (the Premises and Common Area"Approved Working Drawings"). The Approved Working Drawings will indicate which portions of the Tenant's Work, and all such areas shall if any, will have to be in broom clean condition and the Common Area shall be returned removed by Tenant prior to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager expiration or termination of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike mannerLease, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully will timely comply with all governmental statutes, ordinances, rules such requirement and regulations pertaining theretorepair any damage to the Land or the Building caused thereby at its own expense. Tenant covenants that will have no work by Tenant or obligation to remove any other portion of the Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a part's Work.

Appears in 1 contract

Samples: Lease (Advancis Pharmaceutical Corp)

Tenant’s Work. The parties acknowledge Promptly following the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this leaseCommencement Date, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 belowperform with reasonable dispatch, all of Tenant’s Work shall be at TenantXxxxxx’s sole cost and expenseexpense (except for reimbursement by Landlord of the Allowance as hereinafter provided), all work which is necessary or desirable to prepare the Premises for Tenant’s use and occupancy (the “Tenant’s Work”) in accordance with plans and specifications submitted to and approved in advance in writing by Landlord in each instance. Tenant shall provide be responsible, at its own trash container(ssole cost and expense, for the preparation of the architectural, electrical and mechanical construction drawings, plans and specifications (called the “construction plans”) as needed for containment and removal of construction debris from which are necessary to perform the Tenant’s Work and Tenant Work, which construction plans shall remove said trash containers be submitted to Landlord for prior to opening for businessapproval. If any of such construction plans are disapproved by Landlord, Landlord shall designate provide Tenant with specific reasons for such disapproval and the location foregoing submission process shall be repeated until all construction plans have been approved by Landlord. Landlord’s approval in each instance shall not be unreasonably withheld, conditioned or delayed for any construction plans (i) which would not involve or affect any structural or exterior element of the trash containersBuilding or any portion thereof, (ii) which would not adversely affect the value of the Building or any portion thereof, (iii) which would not adversely affect the proper functioning of the Building systems or other facilities, or (iv) which would not change the character of the exterior or interior architectural design of the Building. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement performance of Tenant’s Work, Tenant shall not be obligated to pay Fixed Rent, Taxes or Operating Costs to Landlord unless the Rent Commencement Date has occurred. However, Tenant shall reimburse Landlord for its actual costs incurred in connection with the Tenant’s contractor shall Work, including, without limitation, trash removal, electrical costs and costs of other utilities during construction (if separate accounts have not been established in Tenant’s name Landlord, its partners, and with the manager of the Shopping Center as additional named insured on contractor’s insurance policieslocal utility companies at such time). All Tenant’s Work shall be undertaken and completed performed in a goodgood and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, workmanlike mannerbuilding, fire, health and other codes, regulations, ordinances and laws and shall be subject to the applicable provisions of this Lease, including, without limitation, subsection 6.2.5. Tenant shall obtain all necessary governmental permitsuse, licenses as its project manager Nordblom Development Company (pursuant to a separate written agreement between Nordblom Development Company and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a part.)

Appears in 1 contract

Samples: Lemaitre Vascular Inc

Tenant’s Work. The parties acknowledge the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit to Landlord for its review and approval, not to be unreasonably withheld, conditioned or delayed, and, if necessary, resubmit the same from time to time after receipt of written notice of disapproval thereof from Landlord, until the same are approved by Landlord, detailed drawings and plans and specifications of and for all interior improvements to be constructed and installed by Tenant in the appropriate governmental agency for permits Premises as “Tenant's Work” (the “Improvement Plans”). After receiving the Improvement Plans (or revisions thereof after disapproval as the case may be), Landlord shall have five (5) business days to construct Tenantreview, approve or disapprove of them; Landlord’s Workfailure to timely do so will be deemed an approval of the Improvement Plans. Upon Landlord’s approval of the Improvement Plans, Landlord and Tenant shall diligently pursue sign and date all pages of the issuance per building permitsImprovement Plans, which shall be deemed a part of this Lease as if attached hereto, even if not physically attached hereto. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall comply with all applicable laws, ordinances and building codes (including, without limitation, the Americans With Disabilities Act of 1990, the Florida Americans With Disabilities Accessibility Implementation Act, and the related implementing regulations, codes, rules and accessibility guidelines, as such acts and related regulations, codes, rules and guidelines may be amended from time to time (collectively, the “ADA”)). Tenant shall have the right, without payment of rent or any other charges, after the Commencement Date and prior to Rent Commencement Date, whenever Tenant shall deem it appropriate, to enter the Premises to inspect the same, and at Tenant’s sole cost and expenseelection, to commence Tenant’s work. All work performed in the Premises by the Tenant shall provide its own trash container(sbe done in a good and first class workmanlike manner and free of any liens on Landlord’s fee simple interest or on Tenant’s leasehold interest in the Premises. Landlord agrees to do, execute, acknowledge and deliver all such further acts, instruments and assurances and to take all such further action (all at no cost to Landlord) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition necessary or desirable to fully consummate and effect the Common Area shall be returned to the condition it was in prior to commencement completion of Tenant’s Work. Tenant’s contractor shall name Landlord, its partnersincluding, but not limited to, providing Tenant and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents agents, contractors and licensees with full and complete access to the Building and the Common Property surrounding the Building at all times from and after the Commencement Date. In the event that, in the course of completing Tenant’s Work, Tenant experiences any interference, interruption, delay or contractors shall disrupt or cause a slowdown or stoppage of any work conducted disturbance that is caused by Landlord or any party claiming by, through or under Landlord, rent shall xxxxx on a per diem basis in proportion to such interference, interruption, delay or disturbance. Upon completion of Tenant’s Work, Tenant, at its expense, shall install its furniture, trade fixtures, and equipment so that Tenant can occupy the Premises or Shopping Center of which it is a partfor the use and purpose intended.

Appears in 1 contract

Samples: Lease Agreement (Ultimate Software Group Inc)

Tenant’s Work. The parties acknowledge (A) Subject to the receipt terms and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution conditions of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this leaseLease, Tenant shall submit accept each portion of the Premises in their as-is condition without any obligation on the Landlord's part to perform any additions, alterations, improvements, demolition or other work therein or pertaining thereto. Tenant, at its plans to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at Tenant’s sole cost and expense, shall perform all work necessary to prepare the Premises for Tenant's occupancy in accordance with plans and specifications prepared by an architect, licensed by the Commonwealth of Massachusetts and reasonably approved by Landlord, such plans and specifications to be subject to the reasonable approval of the Landlord. Landlord hereby approves the conceptual lay-out of the Premises as identified in Exhibit B-3 attached hereto (the "Fit Plan"). Tenant shall provide its own trash container(ssubmit to Landlord a detailed floor plan layout together with working drawings (the "Tenant's Submission") as needed for containment work to be performed by Tenant to prepare the Premises for Tenant's occupancy ("Tenant's Work"). Such floor plan layout and removal of construction debris from Tenant’s Work working drawings (the "Plans") shall contain at least the information required by, and Tenant shall remove conform to the requirements of, Exhibit B-2 and be consistent with the Fit Plan. Provided that the Plans contain at least the information required by, and conform to the requirements of, said trash containers prior to opening for business. Landlord shall designate Exhibit B-2 and is consistent with the location Fit Plan, Landlord's approval of the trash containersPlans shall not be unreasonably withheld, conditioned or delayed; however, Landlord's determination of matters relating to aesthetic issues relating to alterations or changes which are plainly visible outside the Premises shall be in Landlord's sole discretion. During If Landlord disapproves of any Plans, any such disapproval will set forth in reasonable detail the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for businessbases therefor, Tenant shall remove promptly have the Plans revised by its architect to incorporate all construction objections and related debris from the Premises conditions presented by Landlord and Common Area, shall resubmit such plans to Landlord no later than ten (10) business days after Landlord has submitted to Tenant its objections and all such areas conditions. Such process shall be in broom clean followed until the Plans shall have been approved by the Landlord without objection or condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a part.

Appears in 1 contract

Samples: Agreement (Care.com Inc)

Tenant’s Work. The parties acknowledge Premises shall be delivered to Tenant by Landlord in their "as is" condition except as required to be improved by and with the receipt improvements listed on Exhibit B. All other work necessary to prepare the Premises for use and occupancy by Tenant, including, without limitation, all work, if any, described in Exhibit C hereto, shall be performed by Tenant at its own expense. Plans and specifications for all Tenant's Work must be approved by Landlord prior to commencement of any such work. Landlord shall have seven (7) business days from the date of submission to approve (which approval shall not be unreasonably withheld) or disapprove the submitted plans and specifications. In the event of disapproval, Landlord shall give written notice thereof to Tenant and Tenant shall, as soon as possible thereafter, submit new plans and specifications for Landlord's approval corrected so as to satisfy Landlord's reasonable objections. Landlord agrees to cooperate reasonably with Tenant in the correction of disapproved plans and specifications. In the event Tenant fails to satisfy Landlord's objections to any of Tenant's plans and specifications within twenty (20) days after Landlord notifies Tenant of the same, then such failure shall, at the election of Landlord, upon notice to Tenant, be a default by Tenant and Landlord may, in addition to all other available remedies, terminate this Lease. Any additions or improvements required to the Premises, Building and/or Property on account of Tenant's particular business or use or operating requirements shall be provided, paid for and maintained by Tenant. All of Tenant's Work shall be done in good and workmanlike manner and in compliance with all laws at Tenant's sole risk and expense, using good and first class, new materials. Landlord shall not be a party to nor incur any liability as a result of any contract to perform any of Tenant's Work. All of Tenant's Work shall be done by reputable and insured contractors, sub-contractors and labor previously approved by Landlord, which are approval shall not be unreasonably withheld or delayed (Landlord acknowledges that the Georxx X. Xxxxxxx Xx., Inc. is an approved contractor), and shall be done by such contractors, labor and means so that, as far as may be possible, such work and any work by Landlord or its contractors, subcontractors or labor in or about the Building shall be without interruption on account of strikes, work stoppages or similar causes or delay. No mechanics' or materialmen's liens shall be attached hereto and referenced to the Premises, the Building or the Property as EXHIBIT “C and EXHIBIT “C-1”a result of Tenant's Work, or if attached shall be removed or bonded within twenty (20) days of notice thereof. On execution of this lease Tenant shall commence Tenant's Work no later than on the Term Commencement Date and utilize TWC Constructionshall as promptly as possible perform all of Tenant's Work and open for business at the Premises. On the Term Commencement Date and, or any other licensedas applicable, bonded and insured general contractor (“Tenants Contractor”) the date on which Tenant first opens for Tenant’s Work that does not require permits. Within five days from execution of this leasebusiness in the Premises, Tenant shall submit its plans deliver to Landlord copies of all permits, licenses and other governmental approvals, if any, lawfully required for Tenant's use of the appropriate governmental agency Premises. The preceding sentence shall not be construed to obligate Tenant to obtain any permits, licenses or approvals for permits work required by this Lease to construct Tenant’s Workbe performed by Landlord. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be obtain at Tenant’s 's sole cost and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental any permits, licenses and or approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no for work under this Lease to be performed by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a part.

Appears in 1 contract

Samples: Lease Cambridge (Cambridge Neuroscience Inc)

Tenant’s Work. The parties acknowledge the receipt and Promptly after approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant's Plans, the Tenant ------------- shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor exercise all reasonable efforts to complete the work specified therein (“Tenants Contractor”) for "Tenant’s Work that does not require permits's Work"). Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct All Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s 's Work shall be at completed in accordance with the approved Tenant’s sole cost 's Plans and expensethe requirements for alterations and improvements made by or on behalf of Tenant set forth in this Lease. Tenant Copies of all permits and approvals required for Tenant's Work shall provide its own trash container(s) as needed be furnished to the Landlord promptly upon receipt thereof. Tenant's Work shall be performed by a general contractor approved by the Landlord, which approval shall not be unreasonably withheld or delayed, under a written construction contract providing for containment payment, performance and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate xxxx xxxxx in the location full amount of the trash containers. During contract sum; provided, however, that the Tenant Improvement Periodmay have Tenant's Work competitively bid by several general contractors approved in advance by the Landlord which approval shall not be unreasonably withheld or delayed and the Tenant may select among such general contractors the general contractor that will perform Tenant's Work. The approval by the Landlord of the Tenant's general contractor shall not impose upon the Landlord any responsibility or liability whatsoever to the Tenant as a result of, Tenant and its or arising out of, the defaults or other acts or omissions of the general contractor, if any, shall keep the Common Areas free . A copy of all construction required bonds and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas certificates of insurance required by this Lease shall be in broom clean condition and the Common Area shall be returned furnished to the condition it was in Landlord prior to commencement of construction and installation of Tenant’s 's Work. In addition, the Landlord may monitor the progress of Tenant’s contractor 's Work, including, without limitation, attend any weekly or other periodic job meetings. The Landlord shall name Landlordprovide the Tenant with no less than twenty four hours prior notice before it enters the Premises to review Tenant's Work, its partnersexcept in the event of an emergency, when no such notice shall be required. Any review and monitoring of Tenant's Work by the manager Landlord shall not impose upon the Landlord any responsibility or liability whatsoever to the Tenant as a result of, or arising out of, Tenant's Work. Within forty-five (45) days of completion of any Tenant's Work in accordance with the approved plans and specifications, the Tenant shall provide to the Landlord "as-built" plans showing precisely how and where Tenant's Work was actually installed. The Tenant shall provide the Landlord with copies of any certificates of occupancy for any Tenant's Work that requires a certificate of occupancy reasonably promptly after completion of any portion of Tenant's Work. Nothing herein shall be construed as permitting the Tenant to occupy all or any portion of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in Premises for which the Tenant has not obtained a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully certificate of occupancy or otherwise failed to comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partlegal requirements as set forth herein.

Appears in 1 contract

Samples: Lifef X Inc

Tenant’s Work. The parties acknowledge Under the receipt and approval Amendment to which this Exhibit is attached, except as otherwise set forth herein or in Section 9 of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this leasethe Amendment, Tenant shall submit its plans has agreed to accept the appropriate governmental agency Expansion Premises “as is,” without any obligation for permits the performance of improvements or other work by Landlord, and Tenant desires to construct perform certain improvements within the Premises, including the Expansion Premises (the “Tenant’s Work”, as further described below). Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Such Tenant’s Work shall be at Tenant’s sole cost planned and expenseperformed strictly in accordance with the provisions of this Exhibit and applicable provisions of the Lease. Tenant shall provide its own trash container(stake all actions necessary to cause Tenant’s Planners to prepare the Approved Plans, and to cause Tenant’s Contractors to obtain permits or other approvals, diligently prosecute the Tenant’s Work to completion, and obtain any inspections and occupancy certificates for Tenant’s occupancy of the Expansion Premises. The parties acknowledge that to the extent the same can be coordinated with the existing tenant of the Expansion Premises, the Tenant shall have the option to access the Premises prior to the Expansion Premises Commencement Date (but no sooner than January 1, 2021)(the “Early Access Option”) as needed for containment the purposes of planning and removal performing the Tenant’s Work, installing telephone and communications systems, security equipment, related cabling, moving furniture and other personal property, and for any other matters reasonably related thereto in connection with Tenant’s preparation of construction debris from the Premises for Tenant’s occupancy. Tenant hereby acknowledges and agrees that Landlord shall have no obligation to take action with respect to coordinating early access with the existing tenant of the Expansion Premises and in no event shall Landlord be required to terminate or otherwise modify the existing lease in order for Tenant to gain such early access. To the extent Tenant exercises the Early Access Option, Tenant shall not be required to pay Rent during the period of access prior to the Expansion Premises Commencement Date, provided, however, Tenant shall be required to pay for utilities used by Tenant and all other terms and conditions of the Lease shall be in full force and effect during such period of access prior to the Expansion Premises Commencement Date. Notwithstanding the foregoing, in the event Tenant Substantially Completes Tenant’s Work and Tenant shall remove said trash containers occupies the Expansion Premises for purposes of conducting business within the Expansion Premises prior to opening the Expansion Premises Commencement Date, the Expansion Premises Commencement Date shall be advanced to such day that Tenant commences such business operations. Any delays in the foregoing shall not serve to xxxxx or extend the time for business. the commencement of rent under the Amendment, and then only to the extent of one (1) day for each day of “Landlord shall designate the location Delay” (as defined below), provided substantial completion of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed Tenant’s ability to reasonably use the Expansion Premises is actually delayed thereby. Landlord agrees to cooperate with Tenant (including signing all reasonably necessary applications and other documents, at no cost or expense to Landlord) in a good, workmanlike manner, and assisting Tenant to complete the Tenant’s Work as soon as possible in accordance with the terms of this Work Letter. Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or notify Landlord upon completion of the Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage Work (and record any notice of any work conducted completion contemplated by Landlord on the Premises or Shopping Center of which it is a partlaw).

Appears in 1 contract

Samples: Lease (Repligen Corp)

Tenant’s Work. The parties acknowledge (a) Tenant agrees, prior to the receipt and approval commencement of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution the Term of this lease Tenant shall commence and utilize TWC ConstructionLease, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at Tenant’s 's sole cost and expense, to diligently perform all work of whatever nature in accordance with Tenant's obligations set forth in Exhibit D ("Tenant's Work") and all other related work necessary to prepare for the opening to the public of Tenant's store in the Leased Premises in accordance with the provisions of this Lease. Tenant agrees to furnish to Landlord the Store Design Drawings and Working Drawings and Specifications with respect to the Leased Premises prepared in the manner and within the time periods required in Exhibit D. If such Store Design Drawings or Working Drawings and Specifications are not furnished by Tenant to Landlord within the required time period(s) in form to permit approval by Landlord, then the Fixturing Period (as described in the Data Sheet) shall be reduced by one (1) day for each day of delay by Tenant in submitting said Store Design Drawings or Working Drawings and Specifications. Landlord shall exercise reasonable efforts to respond to such Store Design Drawings or Working Drawings and Specifications submitted by Tenant pursuant to this Lease within seven (7) business days following Landlord's receipt from Tenant. In the event of Landlord's failure to respond within such seven (7) business day period, the Fixturing Period as described in the Data Sheet shall be extended by one (1) day for each day of additional delay by Landlord. Provided Tenant is not in default hereof, Landlord hereby agrees to contribute towards the cost of Tenant's Work a Construction Allowance of Two Hundred Fifty Thousand and 00/100ths Dollars ($250,000.00). The aforesaid Construction Allowance shall be paid thirty (30) days after the Commencement Date as specified in Section 1.2 hereof, provided Tenant shall have received a Certificate of Acceptance pursuant to Exhibit D hereof and the applicable lien waivers from all contractors and subcontractors. In the event that this Lease is terminated prior to the expiration of the Term hereof, Tenant shall repay said Construction Allowance to Landlord in cash upon termination; provided, however, that Tenant's liability for said Construction Allowance shall be reduced at the rate of Thirty-seven Thousand Five Hundred and 00/100ths Dollars ($37,500.00) each anniversary of the Commencement Date occurring during the Term hereof. No material deviations from the final Store Design Drawings or Working Drawings and Specifications, once approved by Landlord, shall be permitted unless necessary to comply with applicable governmental requirements. Landlord's approval of Tenant's Store Design Drawings and Working Drawing and Specifications shall not constitute the assumption of such items. Tenant's Work shall include the installation of fixtures and equipment and the stocking of the Leased Premises with suitable merchandise. Tenant covenants that all such fixtures and equipment visible to customers shall be new and otherwise acceptable to Landlord in appearance. In addition to conforming to the requirements specified in Exhibit D, all work performed by Tenant shall comply with such rules and regulations as Landlord and its representatives may make, provided that such rules and regulations are uniformly applied to all similarly situated Shopping Center tenants under construction. Unless Landlord otherwise directs in writing, Tenant shall not open the Leased Premises for business until all construction has been completed pursuant to the provisions of Exhibit D. It is further understood and agreed that: (i) Landlord shall have no responsibility or liability whatsoever for any loss of, or damage to, any fixtures, equipment, merchandise, or other property belonging to Tenant, installed or left in the Leased Premises except to the extent resulting from the negligence or intentional acts of Landlord, its agents or employees; and (ii) Tenant's entry upon and occupancy of the Leased Premises prior to the Commencement Date shall be governed by and subject to all the provisions, covenants and conditions of this Lease. Tenant shall provide obtain at its own trash container(s) as needed sole cost and immediately thereafter furnish to Landlord all certificates and approvals with respect to work done and installations made by Tenant that may be required for containment the issuance of a certificate of occupancy for the Leased Premises, so that such certificate of occupancy shall be issued and removal the Leased Premises shall be ready for the opening of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business's business on the Commencement Date. Landlord shall designate Upon the location issuance of the trash containerscertificate of occupancy, a copy thereof shall be immediately delivered to Landlord. During Promptly upon the Tenant Improvement Periodcompletion of its work, Tenant and its contractorTenant, if anyat Tenant's cost, shall keep the Common Areas free of repair, clean and restore all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager portions of the Shopping Center as additional named insured on contractor’s insurance policies. All affected by Tenant’s 's Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partto their prior condition.

Appears in 1 contract

Samples: Lease (Play Co Toys & Entertainment Corp)

Tenant’s Work. The parties acknowledge the receipt 2.1 All interior improvements, including installation of Trade Fixtures, as indicated in Exhibit B-3, furnishings and approval of plans which are attached hereto and referenced Building Core Improvements (collectively referred to herein as EXHIBIT C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Work”), shall be constructed by Tenant at its sole cost and expense. Tenant shall diligently pursue All of the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation plans and work to completion. Subject to 3.3 below, all of specifications for Tenant’s Work shall be at Tenant’s sole approved by Landlord in advance of commencing any construction. Such approval by Landlord, shall not be unreasonably withheld or delayed. The parties agree that certain items of the Building Core Improvements (specifically, proof loading of the roof structure and penetrations in the second deck for future mechanical drafts) shall be completed during shell construction by Landlord and the cost and expenseof such items shall be deducted from the Tenant Improvement Allowance. Tenant shall invest a minimum of sixty dollars ($60.00) per rentable square foot, including the Tenant Improvement Allowance supplied by Landlord, excluding soft costs (“Soft Costs” are those items described in Paragraphs 2.2 (v) through (xi)), and excluding the items described on Exhibit B-3 hereto, to improve the entire Premises. Tenant shall, within thirty (30) days following the Term Commencement Date, provide its own trash container(sLandlord with an accounting, certified by an officer of Tenant, itemizing all amounts expended by Tenant to improve the Premises. If the amount expended by Tenant is less than sixty dollars ($60.00) per rentable square foot of the Building, (exclusive of Soft Costs), Tenant shall, together with the accounting, deliver to Landlord an unconditional irrevocable letter of credit (separate from but for a purpose similar to the Letter of Credit described in paragraph 19 of this Lease) in an amount equal to the difference between the amount expended by Tenant and sixty dollars ($60.00) per rentable square foot of the Building (exclusive of Soft Costs). At any time prior to the twenty-fourth month of the Lease Term (but in no event more frequently than monthly) Tenant may provide Landlord with an amended accounting, as needed for containment above, showing additional amounts expended by Tenant to improve the Premises (exclusive, however, of the costs of demolition and removal reconstruction of construction debris from the Tenant’s Work Work) since the last date shown on the immediately preceding accounting. If the total amount expended by Tenant is less than sixty dollars ($60.00) per rentable square foot of the Building (exclusive of Soft Costs), the amount of the letter of credit may be reduced to a sum equal to the difference between the amount expended by Tenant and sixty dollars ($60.00) per rentable square foot of the Building (exclusive of Soft Costs). On or before the last day of the twenty-fourth month of the Lease Term, with an amended accounting as above showing in addition any amounts expended by Tenant to improve the Premises since the last date shown on Tenant’s most recent accounting (exclusive, however, of the costs of demolition and reconstruction of the Tenant’s Work), if the total amount expended by Tenant is less than sixty dollars ($60) per rentable square foot, Landlord shall remove said trash containers prior be immediately entitled to opening draw down from the letter of credit an amount equal to the difference between the amount expended by Txxxxx and sixty dollars ($60.00) per rentable square foot. Upon such draw the requirement that this letter of credit be maintained shall terminate. The letter of credit shall (a) designate Landlord or its assignees as beneficiary, (b) be issued by a financial institution approved by Landlord, (c) be in form satisfactory to Landlord, and (d) be for businessa term of twenty-six months. Landlord shall designate not be required to deliver any certifications or documentation of any kind to the location issuer in order to make a draw, other than Landlord’s written demand stating that Landlord is entitled to draw in accordance with the terms of this Lease The issuer shall not be required to conduct any inquiry or investigation before paying Landlord the requested amount of the trash containersdraw. During Landlord may assign, transfer or pledge the letter of credit to any lender or purchaser in connection with any financing or sale of the Premises. Landlord shall provide to Tenant a Tenant Improvement Allowance of up to a maximum of twenty-five dollars ($25.00) per rentable square foot on the Premises (“Tenant Improvement Allowance”) which shall include Soft Costs. The Tenant Improvement Allowance shall be reduced by the amount Landlord expends on Building Core Improvements as stated above. Tenant shall promptly pay when due all costs for Tenant’s Work. Landlord shall reimburse Tenant a portion of such costs not to exceed in the aggregate the amount of the Tenant Improvement PeriodAllowance less amounts expended by Landlord for Building Core Improvements as provided above. Tenant shall, Tenant and its contractor, if any, shall keep not more frequently than monthly after commencement of the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. , submit to Landlord requests for reimbursement of amounts expended by Tenant for Tenant’s contractor Work. Each request shall name Landlordbe certified by an officer of Tenant and shall include, its partnerswithout limitation, (i) copies of all invoices paid by Tenant for which reimbursement is sought (ii) proof of payment of each invoice (iii) a fully executed unconditional lien release from each payee, and (iv) such additional information as Landlord may reasonably request. After Landlord has received and approved each request as provided herein, Landlord shall process the manager approved request for payment by its lender and upon disbursement by Landlord’s Lender reimburse Tenant promptly for one-half of all amounts shown in the Shopping Center request as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a goodexpenditures for costs to which the Tenant Improvement Allowance applies, workmanlike manneras hereinbelow provided, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on up to the Premises or Shopping Center of which it is a partmaximum amount set forth above.

Appears in 1 contract

Samples: Lease (diaDexus, Inc.)

Tenant’s Work. The parties acknowledge Subject to Section 18.12, on or before the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this leaseCommencement Date, Tenant shall submit shall, at its plans to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at Tenant’s sole cost and expense, complete all Tenant's Work in substantial accordance with the Final Plans (as defined below) as approved by Landlord. Ten (10) days prior to the Premises Delivery Date, Tenant will be permitted by Landlord to enter the Premises for the purpose of performing Tenant's Work and for the purpose of installing its fixtures and other equipment, provided (i) Tenant shall have obtained Landlord's written approval of the Final Plans, (ii) Tenant shall have deposited with Landlord the certificates of insurance required in Sections 12.3 and 12.4; and (iii) Tenant's activities shall not interfere with or delay Landlord's Work which shall be reasonably determined by Landlord. Tenant shall provide shall, at its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall expense, remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Areafrom the Project all trash which may accumulate in connection with Tenant's activities and, and all such areas shall be should Tenant fail to do so, Landlord may, no earlier than five (5) business days after providing written notice to Tenant, in broom clean condition and the Common Area shall be returned addition to the condition it was in prior to commencement any other right or remedy of Tenant’s Work. Tenant’s contractor shall name Landlord, its partnersremove such trash following written notice to Tenant, at Tenant's expense, and the manager reasonable expenses so incurred by Landlord shall be due and payable by Tenant as Additional Rental, upon demand. During such period, Tenant shall perform all duties and obligations imposed by this Lease, including, without limitation, those provisions relating to insurance and indemnification. All improvements to the Premises made or performed by Tenant pursuant to Sections 8.2 or 10.4 and Exhibit "C" shall be the property of Tenant throughout the Term. Upon the expiration of the Shopping Center as additional named insured on contractor’s insurance policies. All Term or earlier termination of this Lease, all improvements to the Premises, not including any trade fixtures, ATMs, vault, equipment, Tenant’s Work 's signs and any items identifying the Tenant's business or Tenant's proprietary marks, or other removable personal property, shall be undertaken Landlord's property and completed in a goodshall be surrendered to Landlord unless Landlord notifies Tenant to remove any such improvements made by Tenant pursuant to Exhibit "C" or Section 10.4 which Tenant shall do at its sole cost and expense prior to the end of the Term. Notwithstanding anything to the contrary contained herein, workmanlike mannerLandlord shall continue to be liable for (a) latent defects, and Tenant shall obtain all necessary governmental permits(b) patent defects in Landlord's Work, licenses and approvals with respect thereto and shall fully comply with all governmental statutesnotice of which, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage is delivered to Landlord within one (1) year of any work conducted by Landlord on the Premises or Shopping Center of which it is a partDelivery Date.

Appears in 1 contract

Samples: Lease Agreement (North Valley Bancorp)

Tenant’s Work. The parties acknowledge the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) have the right to submit plans for the Tenant’s 's Work that does not require permits. Within five days from execution in stages for portions of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s WorkDemised Premises. Tenant shall diligently pursue cause the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation TI Architect to prepare and work deliver to completion. Subject to 3.3 belowLandlord for Landlord's or MDC's review preliminary plans (architectural, all of Tenant’s Work shall be at Tenant’s sole cost mechanical, electrical, plumbing and expense. Tenant shall provide its own trash container(sstructural, if necessary) as needed and specifications for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for businessthe proposed leasehold improvements (the "Preliminary Plans"). Landlord shall designate have ten (10) business days after its receipt thereof (or such additional time as may reasonably be necessary) to review the location Preliminary Plans, request any changes it deems reasonably appropriate, and indicate on the Preliminary Plans which portions of the trash containersleasehold improvements are to be removed by Tenant prior to the expiration or termination of the Lease. During The TI Architect shall modify the Preliminary Plans to accommodate Landlord's changes, and resubmit the revised plans (the "Revised Preliminary Plans") to Landlord for approval. If Tenant Improvement Periodor the TI Architect elect not to make said changes to the Preliminary Plans, then Landlord shall have the right to require Tenant to perform corresponding restoration work to effect said changes prior to the expiration or termination of the Lease. Upon receipt of Landlord's approval of the Revised Preliminary Plans, the TI Architect shall prepare a complete set of construction drawings and its contractorspecifications for the construction of the proposed leasehold improvements (the "Working Drawings"). The Working Drawings shall be in sufficient detail for (i) Tenant's general contractor to obtain bids from all trades for and to perform the work described on the Working Drawings; (ii) Tenant's general contractor to secure building permits from the requisite governmental authorities having jurisdiction over same; and (iii) Landlord or MDC to indicate the portion of Tenant's Work, if any, which Tenant is to remove by expiration or termination of the Lease. The Working Drawings shall keep conform to and be consistent with the Common Areas free Revised Preliminary Plans and comply with all applicable Laws and Insurance Requirements, as those terms are defined in the Lease. The Working Drawings shall be submitted to MDC for review and approval, which approval (or a request for changes to be made) shall be given within fifteen (15) days after receipt thereof. Within five (5) business days after MDC's approval of all construction the Working Drawings, as modified by any revisions requested by MDC, Landlord and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from initial same to confirm their mutual approval thereof (the Premises and Common Area"Approved Working Drawings"). The Approved Working Drawings will indicate which portions of the Tenant's Work, and all such areas shall if any, will have to be in broom clean condition and the Common Area shall be returned removed by Tenant prior to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager expiration or termination of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike mannerLease, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully will timely comply with all governmental statutes, ordinances, rules such requirement and regulations pertaining theretorepair any damage to the Land or the Building caused thereby at its own expense. Tenant covenants that will have no work by Tenant or obligation to remove any other portion of the Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a part's Work.

Appears in 1 contract

Samples: Lease Agreement (Large Scale Biology Corp)

Tenant’s Work. The parties acknowledge At least fifteen (15) days prior to Substantial Completion of the receipt Landlord’s Work, Tenant at its own risk and approval expense and at no cost to Landlord, shall have the right to enter the Building and Additional Expansion Space to install Tenant’s Cabling and Tenant’s furniture, decorations, furnishings, trade fixtures and equipment (“Tenant’s FF&E”) in the Additional Expansion Space necessary for conduct of plans which are attached hereto its business as permitted in the Lease. All such installation of Tenant’s FF&E and referenced as EXHIBIT all other work performed by Tenant in or for the Additional Expansion Space (C Tenant’s Work”) shall be performed in compliance with all provisions and EXHIBIT “C-1”. On execution requirements of this lease Lease including, but not limited to, Section 3 and Section 6 thereof, and using qualified, licensed contractors reasonably acceptable to Landlord. Tenant shall commence and utilize TWC Construction, not engage any labor to perform Tenant’s Work which conflicts with the type of labor engaged by Landlord to perform Landlord’s Work or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to work in the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at Tenant’s sole cost and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike mannerBuilding, and Tenant shall obtain all necessary governmental permitscease use of any such conflicting labor immediately on Landlord’s request. Tenant shall perform Tenant’s Work in such a manner so as not to damage, licenses delay or interfere with Landlord’s Work. Any damage to Landlord’s Work or to the Additional Expansion Space caused by Tenant and/or its Permittees shall be promptly repaired by and approvals with respect thereto and shall fully at the sole expense of Tenant. Any failure of Tenant and/or its Permittees to comply with all governmental statutesthe terms of this Section shall be deemed a Tenant Delay for purposes of the Lease, ordinances, rules and regulations pertaining theretoas modified by this Amendment. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage not commence performance of any work conducted or installation of any of its property in the Additional Expansion Space, nor apply for any permits that would delay Landlord’s Work or acquisition of permits therefor, until notified in writing by Landlord on the Premises that Tenant may commence such activities. Landlord will not unreasonably withhold, condition or Shopping Center of which it is a partdelay such notification. Tenant and its Permittees will fully cooperate in (and not interfere with or delay) Landlord’s Work.

Appears in 1 contract

Samples: Senseonics Holdings, Inc.

Tenant’s Work. The parties acknowledge On and after the receipt Commencement Date, Tenant, at its sole cost and approval of plans which are expense (subject to the TI Allowance), shall be responsible for constructing initial improvements in and to the Premises in accordance with the work exhibit attached hereto and referenced as EXHIBIT Exhibit B (collectively, C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permitsWork”). Within five days from execution of In addition, during this leasetime period, Tenant shall submit its plans have the exclusive right to use and control physical access to the appropriate governmental agency Premises (subject to Landlord’s rights and obligations under this Lease), including but not limited to, the right to install its furniture, furnishings and equipment in the Premises, generally prepare the Premises for permits to construct Tenant’s Workoccupancy and actually occupy the Premises for the conduct of business, without any of the foregoing causing an acceleration of the Rent Commencement Date. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, complete all of Tenant’s Work in good and workmanlike manner in accordance with the plans and specifications approved by Landlord and Tenant as provided in Exhibit B, as the same may be amended from time to time (subject to written approval by Landlord and Tenant), and shall be at Tenant’s sole cost and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from use reasonable efforts to complete Tenant’s Work and on or before the Rent Commencement Date, provided, however, that any failure by Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All complete Tenant’s Work before the stated Rent Commencement Date shall be undertaken and completed in a goodnot postpone or delay such date, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work unless such failure is caused by Tenant Landlord or TenantLandlord’s employees, agents or contractors contractors, in which case the Rent Commencement Date shall disrupt or cause a slowdown or stoppage be delayed two (2) days for every day of any work conducted delay in the completion of Tenant’s Work caused by Landlord or Landlord’s employees, agents or contractors, provided, however, that any such delay of the Rent Commencement Date shall be expressly conditioned on Tenant’s diligent submission of plans and specifications for Tenant’s Work for Landlord review and approval in accordance with the Premises or Shopping Center terms and conditions of which it is a partExhibit B attached hereto and Tenant’s diligent and continuous prosecution of Tenant’s Work following Landlord’s approval of such plans and specifications. If any aspect of Tenant’s Work would affect any Building Systems (as hereinafter defined), Landlord shall have the right to reasonably require Tenant to utilize Landlord’s pre-approved vendors and/or contractors in connection with such work. All Tenant Improvements, as defined in Exhibit B, shall remain the property of Tenant during the Term. Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.

Appears in 1 contract

Samples: Office Lease (Enernoc Inc)

Tenant’s Work. The parties acknowledge the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease (a) Tenant shall commence and utilize TWC Constructionagrees, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans prior to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 belowCommencement Date, all of Tenant’s Work shall be at Tenant’s 's sole cost and expense, to diligently perform all work of whatever nature in accordance with Tenant's obligations set forth in Exhibit "D" ("Tenant's Work") and all other related work necessary to prepare for the opening to the public of Tenant's store in the Leased Premises in accordance with the provision of this Lease. Tenant agrees to furnish to Landlord the Store Design Drawings and Working Drawings and Specifications with respect to the Leased Premises prepared in the manner and within the time periods required in Exhibit "D" attached hereto. If such Store Design Drawings or Working Drawings and Specifications are not furnished by Tenant to Landlord within the required time period(s) in form to permit approval by Landlord, then the Fixturing Period (as described in the Data Sheet) shall be reduced by one (1) day of each day of delay by Tenant in submitting said plans, drawings and specifications. Landlord shall exercise reasonable efforts to respond to drawings and specifications submitted by Tenant pursuant to this Lease within seven (7) business days following Landlord's receipt of such drawings and specifications from Tenant. In the event of Landlord's failure to respond within such seven (7) business day period, the Fixturing Period as described in the Data Sheet shall be extended by one (1) day for each day of additional delay by Landlord. No material deviations from the final plans and specifications, once approved by Landlord, shall be permitted unless necessary to comply with applicable governmental requirements. Landlord's approval of Tenant's Store Design Drawings and Working Drawing and Specifications shall not constitute the assumption of such items. Tenant's Work shall include the installation of fixtures and equipment and the stocking of the Leased Premises with suitable merchandise. Tenant covenants that all such fixtures and equipment visible to customers shall be new and otherwise acceptable to Landlord in appearance. In addition to conforming to the requirements specified in Exhibit "D", all work performed by Tenant shall comply with such rules and regulations as Landlord and its representatives may make, provided that such rules and regulations are uniformly applied to all similarly situated Shopping Center tenants under construction. Unless Landlord otherwise directs in writing, Tenant shall not open the Leased Premises for business until all construction has been completed pursuant to the provisions of Exhibit "D". It is further understood and agreed that: (i) Landlord shall have no responsibility or liability whatsoever for any loss of, or damage to, any fixtures, equipment, merchandise, or other property belonging to Tenant, installed or left in the Leased Premises except to the extent resulting from the negligence or intentional acts of Landlord, its agents or employees; and (ii) Tenant's entry upon and occupancy of the Leased Premises prior to the Commencement Date shall be governed by and subject to all the provisions, covenants and conditions of this Lease. Tenant shall provide obtain, at its own trash container(s) as needed sole cost, and immediately thereafter furnish to Landlord, all certificates and approvals with respect to work done and installations made by Tenant that may be required for containment and removal the issuance of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location a certificate of occupancy of the trash containersLeased Premises, so that such certificate of occupancy shall be issued and the Leased Premises shall be ready for the opening of Tenant's business on the Commencement Date. During Upon the Tenant Improvement Periodissuance of the certificate of occupancy, Tenant and a copy thereof shall be immediately delivered to Landlord. Promptly upon the completion of its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for businesswork, Tenant shall remove repair. clean and restore all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager portions of the Shopping Center as additional named insured on contractor’s insurance policies. All affected by Tenant’s 's Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partto their prior condition.

Appears in 1 contract

Samples: Lease (Play Co Toys & Entertainment Corp)

Tenant’s Work. The parties acknowledge (a) Tenant agrees, prior to the commencement of the Term of this Lease, [***], to diligently perform all work of whatever nature in accordance with Tenant's obligations set forth in Exhibit D ("Tenant's Work") and all other related work necessary to prepare for the opening to the public of Tenant's store in the Lease Premises in accordance with the provisions of this Lease. Tenant agrees to furnish to Landlord the Store Design Drawings and Working Drawings and Specifications with respect to the Leased Premises prepared in the manner and within the time period required in Exhibit D. If such Store Design Drawings or Working Drawings and Specifications are not furnished by Tenant to Landlord within the required time period(s) in form to permit approval by Landlord, then the Fixturing Period (as described in the Data Sheet) shall be reduced by [***] of delay by Tenant in submitting said Store Design Drawings or Working Drawings and Specifications. Landlord shall respond to such Store Design Drawings or Working Drawings and Specifications submitted by Tenant pursuant to this Lease within [***] business days following Landlord's receipt from Tenant. In the event of Landlord's failure to respond within such [***] business day period or there are other delays created by Landlord, the Fixing Period as described in the Delta Sheet shall be extended by [***] of additional delay by Landlord. No material deviations from the final Store Design Drawings or Working Drawings and Specifications, once approved by Landlord, shall be permitted unless necessary to comply with applicable governmental requirements or unless otherwise approved by Landlord. Landlord's approval of plans which are attached hereto Tenant's Store Design Drawings and referenced as EXHIBIT “C Working Drawings and EXHIBIT “C-1”Specifications shall not constitute the assumption of such items. On execution Tenant's Work shall include the installations of this lease fixtures and equipment and the stocking of the Leased Premises with suitable merchandise. Tenant covenants that all such fixtures and equipment visible to customers shall be new (or like-new) and otherwise reasonably acceptable to Landlord in appearance. In addition to conforming to the requirements specified in Exhibit D, all work performed by Tenant shall commence comply with such rules and utilize TWC Constructionregulations as Landlord and its representatives may make, or any other licensed, bonded provided that such rules and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permitsregulations are uniformly applied to all similarly situated Shopping Center tenants under construction. Within five days from execution of this leaseUnless Landlord otherwise directs in writing, Tenant shall submit its plans not open the Leased Premises for business until all construction has been completed pursuant to the appropriate governmental agency provisions of Exhibit D. It is further understood and agreed that: (i) Landlord shall have no responsibility or liability whatsoever for permits any loss of, or damage to, any fixtures, equipment, merchandise, or other property belonging to construct Tenant’s Work, installed or left in the Leased Premises except to the extent resulting from the negligence or intentional acts or Landlord, its agents or employees; and (ii) Tenant's entry upon and occupancy of the Leased Premises prior to the Commencement Date shall be governed by and subject to all the provisions, covenants and conditions of this Lease. Tenant shall diligently pursue obtain at its sole cost and immediately thereafter furnish to Landlord all certificates and approvals with respect to work done and installations made by Tenant that may be required for the issuance per building permitsof a certificate of occupancy for the Leased Premises, so that such certificate of occupancy shall be issued and the Leased Premises shall be ready for the opening of Tenant's business on the Commencement Date. Within five days Upon the issuance of Tenant obtaining permits the certificate of occupancy, a copy thereof shall be immediately delivered to Landlord. Promptly upon the completion of its work, Tenant, at Tenant's cost, shall repair, clean and restore all portions of the Shopping Center affected by Tenant's Work to their prior condition. To the extent approved by the proper governing authorities, Tenant shall commence construction have the right to install atop the roof of Landlord's building in which the Leased Premises are located one (1) antenna and/or (1) satellite dish and the equipment necessary for Tenant’s Work utilizing 's communications and data transmission network system. The satellite dish shall not be larger than five (5) feet in diameter. The antenna or satellite dish on such roof shall be at a location designated by Landlord and reasonably approved by Tenant’s Contractor. Tenant shall diligently pursue submit to Landlord for its approval plans for the installation of such installation antenna or satellite dish and work necessary equipment, such approval not to completionbe unreasonably withheld, delayed, or conditioned. Subject to 3.3 belowTenant shall also provide Landlord with copies of all permits required by the proper governmental authorities regarding such installation, all of Tenant’s Work which shall be obtained by Tenant at Tenant’s its sole cost and expense. Tenant Landlord's contractor shall provide its own trash container(scut the roof and patch it (if necessary) as needed for containment and removal of construction debris from at Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area's expense, and all such areas Tenant's contractor shall be in broom clean condition and the Common Area shall be returned subject to the condition it was in Landlord's prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a part*** Confidential treatment requested.

Appears in 1 contract

Samples: Lease (Silicon Entertainment Inc /Ca/)

Tenant’s Work. The parties acknowledge Upon delivery of possession to Tenant, Tenant agrees to make the receipt improvements to the Leased Premises described in this Section 2.2 (the “Tenant’s Work”). In consideration for the construction allowance payable by Landlord pursuant to this Section 2.2, Tenant hereby represents and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor warrants to Landlord that it will spend no less than Four Million Four Hundred Thirty-three Thousand One Hundred Thirty Dollars (“Tenants Contractor”$4,433,130.00) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Work. In the event Tenant shall diligently pursue the issuance per building permitsspends less than said amount, Landlord and Tenant agree to equally share in said savings. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of The Tenant’s Work shall be at Tenant’s sole cost done in a good and expense. Tenant shall provide its own trash container(s) as needed for containment workmanlike manner under a build to suit contract in accordance with the plans and removal of construction debris from Tenant’s Work specifications prepared by Ford Architects and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Areaengineered by MxXxxxxx Engineering, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name approved by Landlord, its partnerswhich approval shall not be unreasonably withheld (upon approval, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies“Approved Plans”). All Tenant’s Work shall comply with applicable federal, state and local laws, rules, regulations and code requirements. Any structural or exterior changes to the Approved Plans by Tenant shall be undertaken and completed approved in a goodadvance by Landlord, workmanlike mannerwhich approval shall not be unreasonably withheld or delayed, and shall be in compliance with all applicable building codes, laws ordinances and regulations. Landlord shall pay Tenant Four Million Four Hundred Thirty-three Thousand and One Hundred and Thirty Dollars ($4,433,130.00) (the “Tenant Reimbursement”), as payment for all costs incurred by or on behalf of Tenant for furnishing, constructing and installing the work comprising Tenant’s Work (“Tenant Improvements”). The Tenant Reimbursement shall be paid by Landlord to Tenant in twenty-five percent (25%) installments as portions of Tenant’s Work is completed and billed to Tenant by its contractor, as approved by Tenant’s architect. Upon Tenant receiving an invoice from its contractor evidencing completion of twenty-five percent (25%), fifty percent (50%) and seventy-five percent (75%) of the Tenant’s Work, Tenant shall obtain submit: (i) a request for payment; and (ii) a copy of such invoice to Landlord, and Landlord shall pay Tenant twenty-five percent (25%) of the Tenant Reimbursement within ten (10) days of receipt thereof. The final twenty-five percent (25%) installment shall be paid by Landlord to Tenant within ten (10) days of the later of: (i) receipt by Landlord of Tenant’s request for payment; (ii) substantial completion of the Tenant Improvements; (iii) Tenant opening for business in the Leased Premises; (iv) Tenant providing to Landlord a lien waiver from Tenant’s general contractor; and (v) Tenant paying the first installment of rent due hereunder. In the event Landlord does not timely pay any installment of the Tenant Reimbursement to Tenant, (a) Landlord shall pay to Tenant interest on such unpaid amounts at a rate of interest equal to four percent (4%) over the prime rate in effect from time to time as established by National City Bank, Columbus, Ohio and (b) Tenant shall have the right to deduct any and all necessary governmental permitssuch amounts owed Tenant against payments of rent thereafter due Landlord until such time as Tenant has been credited the full amount of the Tenant Reimbursement plus applicable interest. Notwithstanding anything to the contrary contained in this Lease, licenses the Tenant Improvements shall, at all times during the term of this Lease and approvals with respect thereto upon the expiration or earlier termination of this Lease, be the property of Landlord. Tenant shall not acquire any interest, equitable or otherwise, in any Tenant Improvements. Tenant agrees that the Tenant Reimbursement shall be used for improvements to the Leased Premises, which shall be affixed to the Real Estate and the improvements constructed thereon, and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or not be used for the purchase of Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partpersonal property.

Appears in 1 contract

Samples: Office Space Lease (Retail Ventures Inc)

Tenant’s Work. The parties acknowledge All work not within the receipt scope of the normal construction trades employed in the Building, including, but not limited to, furnishing and installing of the Telecommunications Equipment, telephones, furniture, and office equipment shall be furnished and installed by Tenant at Tenant's expense. Tenant's Contractors shall be acceptable to and approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), and shall be subject to the reasonable administrative supervision of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”Landlord. On execution of this lease Contractors engaged by Tenant shall commence employ persons and utilize TWC Constructionmeans to insure so far as may be possible the progress of the work without interruption on account of strikes, work stoppages or any other licensed, bonded and insured general contractor (“Tenants Contractor”) similar causes for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at Tenant’s sole cost and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for businessdelay. Landlord shall designate give access and entry to the Fourth Floor Expansion Premises to Tenant and its Contractors and reasonable opportunity and time and reasonable use of facilities to enable Tenant to adapt the Expansion Premises for Tenant's use; provided, however, that if such entry is prior to the Fourth Floor Expansion Effective Date, such entry shall be subject to all the terms and conditions of the Lease, except the payment of Rent. In furtherance of the foregoing, Tenant covenants and agrees that the Fourth Floor Expansion Plans shall include plans outlining specifically the location of the trash containersconduit paths to be installed by Tenant. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, Any and all such areas conduit paths shall be in broom clean condition of a size approved by Landlord and the Common Area shall be returned installed at a location in the Building risers specified by Landlord. At Landlord's option, Landlord may request Tenant to install additional conduit at the condition it was time Tenant installs conduit in prior to commencement the risers for purposes of Tenant’s Work. Tenant’s contractor shall name Landlord, its partnersserving the Premises, and Landlord shall pay for the manager cost and expense of the Shopping Center such additional conduit and any incremental labor cost (if any) incurred by Tenant as a result of installation of such additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining theretoconduit. Tenant covenants that no work by Tenant will not unreasonably withhold, condition or Tenant’s employeesdelay its consent to Landlord's request to so install the additional conduit described and identified in the immediately preceding sentence. EXHIBIT "E-1" SCHEDULE OF FOURTH FLOOR EXPANSION PREMISES IMPROVEMENTS THE FOLLOWING SCHEDULE MORE CLEARLY DEFINES THE INTERMEDIATE STEPS ESSENTIAL TO MEET THE DATES AS PROVIDED IN EXHIBIT "C": ACTION DATE 1. PRELIMINARY SPACE PLAN DELIVERED TO September 2, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a part.199 LANDLORD:

Appears in 1 contract

Samples: Lease Agreement (Interland Inc)

Tenant’s Work. The parties acknowledge All work within the receipt scope of the normal construction trades employed in the Building, including, but not limited to, furnishing and approval installing of plans which are attached hereto telephones cable, data equipment and referenced as EXHIBIT “C cable, furniture, and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Constructionoffice equipment, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be furnished and installed by Tenant at Tenant’s sole cost and 's expense. Tenant shall provide adopt a work schedule in conformance with the schedule of Landlord's contractors and conduct its own trash container(s) work in such a manner as needed for containment to maintain harmonious labor relations and removal as not to interfere unreasonably with or delay the work of Landlord's contractors. Tenant's contractors, subcontractors, and labor shall be acceptable to and approved by Landlord and shall be subject to the administrative supervision of the Landlord as it may require to maintain building standard quality or construction debris from Tenant’s Work and schedule. Tenant shall remove said trash containers prior use its best efforts to opening ensure that Tenant's contractors, subcontractors, and laborers follow the administrative supervision of Landlord and conform in all ways to the Landlord's Rules and Regulations. If Tenant's contractors fail to conform to Landlord's administrative supervision or Landlord's Rules and Regulations and in doing so damage the Premises or the common areas of the building, Tenant shall be responsible for businessthe cost to repair such damage. Landlord shall designate give access and entry to the location of the trash containers. During the Tenant Improvement Period, Premises to Tenant and its contractor, if any, shall keep the Common Areas free contractors and reasonable opportunity and time and reasonable use of all construction and related debris. Prior facilities to opening for business, enable Tenant shall remove all construction and related debris from to adapt the Premises and Common Areafor Tenant's use; provided, and all however, that if such areas entry is prior to the Commencement Date, such entry shall be in broom clean condition subject to all terms and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager conditions of the Shopping Center Lease except the payment of rent. EXHIBIT "D" TENANT LEASE ESTOPPEL CERTIFICATE --------------------------------- Landlord: Affiliated Equities Real Estate Limited Partnership -------- Tenant: ------ _____________________________________________ Premises: -------- _____________________________________________ Area: ---- _________________________Sq.Ft. Lease Date:_______ The undersigned Tenant under the above-referenced lease (the "Lease") hereby ratifies the Lease and certifies to Affiliated Equities Real Estate Limited Partnership ("Landlord") as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage owner of any work conducted by Landlord on the Premises or Shopping Center real property of which it the premises demised under the Lease (the "Premises") is a part., as follows:

Appears in 1 contract

Samples: Office Lease Agreement (Accord Networks LTD)

Tenant’s Work. The parties acknowledge the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or perform any other licensed, bonded and insured general contractor work required to permit Tenant to open the Premises for business (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Work”). Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall not commence construction any of Tenant’s Work utilizing Tenant’s Contractoruntil Tenant has submitted to Landlord plans and specifications (in such detail as Landlord shall reasonably require) for such work and Landlord has approved such plans in writing. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be performed at Tenant’s sole cost and expense, in accordance with such approved plans and specifications and in accordance with the terms and conditions of this Lease, including, without limitation, Section 7.5 and Section 7.13 hereof, and shall be performed by contractor(s) approved by Landlord, which approval shall not be unreasonably withheld or delayed. Tenant shall provide its own trash container(scommence Tenant’s Work promptly after receipt of Landlord’s approval of Tenant’s plans and specifications (but not before the Lease Commencement Date) and shall diligently prosecute the same to completion. Landlord’s approval of Tenant’s plans and specifications for Tenant’s Work shall create no responsibility or liability on the xxx of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Prior to beginning Tenant’s Work, Tenant shall, if required by law, obtain appropriate performance and payment bonds covering the labor and materials required to complete Tenant’s Work. Prior to beginning Tenant’s Work, Tenant shall also deliver to Landlord and Landlord’s Mortgagee, at Tenant’s cost, a builder’s risk insurance policy naming Landlord and Landlord’s Mortgagee as needed additional insureds, as their interests may appear, with the amount and type of coverage being required by Landlord and Landlord’s Mortgagee and otherwise in compliance with the requirements for containment insurance set forth in Article 6 above, together with evidence that the premium for said insurance has been paid in full by Tenant for a period of no less than one year. Tenant covenants and removal of construction debris from represents that the foregoing work shall be completed in a good and workmanlike manner and in compliance with all Legal Requirements. Tenant shall promptly pay in full all costs and expenses associated with Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and responsible for the Common Area shall be returned performance of Tenant’s Work to the condition it was in prior to commencement completion. Upon completion of Tenant’s Work. , Tenant shall deliver to Landlord a certificate of completion from Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All architect certifying that all Tenant’s Work shall be undertaken has been installed and completed in a good, workmanlike manner, accordance the approved plans and Tenant shall obtain all necessary governmental permits, licenses specifications therefore and approvals with respect thereto and shall fully comply in compliance with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partLegal Requirements.

Appears in 1 contract

Samples: Sublease Agreement (Energy Focus, Inc/De)

Tenant’s Work. The parties acknowledge Tenant agrees to accept the receipt Leased Property in its present “AS IS” condition. Further alterations of the Leased Property will be at Tenant’s sole expense (unless otherwise stated in this Lease) and approval deemed to be Tenant’s Work. Tenant and Landlord shall approve and attach an Exhibit “D” (“Plan of plans which Work”) to this Lease that shall include any drawings, statements of items being provided by Tenant and Landlord in the Leased Property and any other necessary items that are attached hereto needed to clarify Tenant and referenced Landlord responsibilities for the condition of the Leased Property at the Commencement Date. Both Tenant and Landlord shall approve the Plan of Work as EXHIBIT “C and EXHIBIT “C-1”. On soon as possible following the execution of this lease Lease. Both Tenant and Landlord must approve any changes to the Plan of Work, in writing, prior to proceeding with the changes. Approval of plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord for their accuracy or sufficiency or conformity with applicable laws, and Tenant shall commence be solely responsible for such plans and utilize TWC Construction, or any other licensed, bonded specifications and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution all of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall not commence construction any of Tenant’s Work utilizing until Landlord has approved Exhibit “D.” Tenant’s Contractor. Tenant taking possession of the Leased Property shall diligently pursue such installation and work to completion. Subject to 3.3 below, all be conclusive evidence of Tenant’s Work shall be at Tenant’s sole cost acceptance thereof in good order and expensesatisfactory condition. Tenant shall provide its own trash container(s) agrees that Landlord has made no representations as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate conformance with applicable laws respecting the location condition of the trash containersLeased Property or the presence or absence of Hazardous Materials (hereinafter defined) in, at, under or abutting the Leased Property or the environment. During Tenant also agrees that no representations respecting the Tenant Improvement Periodcondition of the Leased Property, Tenant and its contractorno warranties or guarantees, if anyexpressed or implied, shall keep the Common Areas free of all construction and related debris. Prior INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, with respect to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Areaworkmanship or any defects in material, and all such areas shall be in broom clean condition and no promise to decorate, alter, repair or improve the Common Area shall be returned to Leased Property either before or after the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlordexecution hereof, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted have been made by Landlord on or its agents to Tenant unless the Premises or Shopping Center of which it is a partsame are contained herein.

Appears in 1 contract

Samples: Lease Agreement (Endocyte Inc)

Tenant’s Work. The parties acknowledge In the receipt and approval of plans which are attached hereto and referenced as EXHIBIT event Tenant desires any alterations or improvements to be made to refurbish the Remaining Premises (the C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Construction, or any other licensed, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this lease, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below”), all of Tenant’s Work then said alterations or improvements shall be performed at Tenant’s sole cost and expenseexpense (including, without limitation, any dumpster fees, utility fees, and hoisting charges during construction) and in accordance with the provisions of Section 5.2 of the Lease. In the event Tenant’s Work entails more than a cosmetic remodel consisting of repainting the walls and replacing the carpet and/or wallcovering, Tenant shall provide its own trash container(s) as needed Landlord with detailed plans and specifications for containment and removal of construction debris from Tenant’s Work (“Tenant Plans”) necessary to price, permit and construct any Tenant’s Work. The Tenant Plans will be subject to Landlord’s review and approval, which shall remove said trash containers prior not be unreasonably withheld, conditioned, delayed, or denied and the work contemplated thereby must maintain the continuity of the appearance of the Building and shall not cause the mechanical systems of the Building to opening for businessbecome unsafe, hazardous, or overloaded as reasonably determined by Landlord. Landlord shall designate review the location Tenant Plans within seven (7) Business Days after receipt thereof and either (i) approve same or (ii) specify, in reasonable detail, the revisions required to enable approval. If Landlord fails to notify Tenant of Landlord’s disapproval of the trash containers. During the Tenant Improvement Plans as provided above within such seven (7) Business-Day-Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas then Landlord shall be in broom clean condition and deemed to have given its approval of Tenant’s Plans. Tenant will have the Common Area shall be returned right to utilize any union or non-union affiliated licensed general contractor (“Tenant’s Contractor”) for the condition it was in prior to commencement construction of Tenant’s Work. Tenant’s contractor Contractor shall name be subject to Landlord’s review and approval, which shall not be unreasonably withheld, conditioned, delayed, or denied. Landlord shall promptly review Tenant’s Contractor within three (3) Business Days of receipt of Tenant’s selection and notification and shall either (a) approve the same, or (b) specify, in reasonable detail, the reasons why Tenant’s Contractor was not approved. If Landlord fails to notify Tenant of Landlord’s disapproval of Tenant’s Contractor as provided above within the three (3) Business-Day-Period, then Landlord shall be deemed to have given its partners, and the manager approval of the Shopping Center as additional named insured on contractorTenant’s insurance policiesContractor. All The construction of Tenant’s Work shall be undertaken and completed in a goodallowed to commence on the later to occur of (x) approval of the Tenant Plans, workmanlike manner(y) approval of Tenant’s Contractor, and Tenant shall obtain (z) Landlord’s receipt of copies of all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or permits for the construction of Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a partWork.

Appears in 1 contract

Samples: TechTarget Inc

Tenant’s Work. The parties acknowledge (i) Subject to the receipt and approval of plans which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution provisions of this lease Tenant shall commence Paragraph 3 and utilize TWC Construction, or any other licensed, bonded subject to the terms of Paragraphs 7 and insured general contractor (8 below regarding Landlord's disbursement of the Tenants Contractor”) for Tenant’s Work that does not require permits. Within five days from execution of this leaseAllowance” and the “Space Plan Allowance” as therein provided, Tenant shall submit shall, at its plans to the appropriate governmental agency for permits to construct Tenant’s Work. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractor. Tenant shall diligently pursue such installation and work to completion. Subject to 3.3 below, all of Tenant’s Work shall be at Tenant’s sole cost and expense, perform such other work to or at the Additional Premises as may be necessary or desired by Tenant to improve the Additional Premises for occupancy, all subject to and in accordance with the provisions of the Lease, including, without limitation, the provisions of Article Nine of the Original Lease. All work referred to in this subparagraph which is constructed within a period of two (2) years after the Turnover Date is hereinafter referred to as “Tenant's Work” (it being understood that Tenant shall continue to have the right to perform work to or at the Additional Premises following such two year period, provided that such work shall not constitute “Tenant's Work” for purposes hereof, and shall instead be performed in accordance with all terms and requirements of the Lease governing Tenant alteration work, including the provisions of Article Nine of the Original Lease). Tenant, at Tenant's option, may retain Landlord as construction manager for all or any portion of such Tenant's Work, if Landlord agrees to perform such construction management services. In the event that Tenant elects to retain Landlord as construction manager and Landlord agrees to perform such construction management services, Tenant and Landlord shall enter into a mutually acceptable construction management agreement (with construction management fees payable to Landlord in the amount of 3% of the “hard” construction costs of the Tenant's Work). In the event Tenant does not elect to engage Landlord as construction manager, then Tenant shall have the right to retain its own general contractor and/or other contractors for construction of Tenant's Work, which general contractor and/or other contractors shall be subject to Landlord's approval (not to be unreasonably withheld), as provided in Article Nine of the Original Lease. Tenant shall, in any event, pay or reimburse Landlord for any out-of-pocket costs actually incurred by Landlord in connection with third-party consultant review of the structural and mechanical, electrical and plumbing aspects of the Tenant's Work and/or the plans and specifications therefor (i.e., structural or MEP engineering review), provided that Tenant does not employ Landlord's designated engineer in connection therewith. Tenant hereby acknowledges and agrees that, in connection with the Tenant's Work, Tenant and any and all contractors performing Tenant's Work shall provide its own trash container(s) as needed comply, in all material respects, with Landlord's “Tenant Design and Construction Manual”, a copy of the current version of which having heretofore been made available to Tenant for containment review (it being understood that Landlord may hereafter revise and/or update said “Tenant Design and removal of construction debris Construction Manual” from Tenant’s Work time to time [herein, in each instance, the “Revised and Finalized Construction Manual”] and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant comply with each such Revised and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris Finalized Construction Manual so long as any material changes from the Premises version thereof heretofore made available to Tenant are reasonable and Common Areaare uniformly imposed, and all such areas shall be in broom clean condition and general, upon other tenants performing construction work at the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s WorkBuilding). Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s 's Work shall be undertaken performed, in any event, only in accordance with the terms and completed in a goodconditions of the Lease, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage including the provisions of any work conducted by Landlord on Article Nine of the Premises or Shopping Center of which it is a partOriginal Lease.

Appears in 1 contract

Samples: Lease (FSP 303 East Wacker Drive Corp.)

Tenant’s Work. The parties acknowledge Tenant's Work shall mean any work performed by or on behalf of Tenant in the receipt Additional Space which is not included in Landlord's Work or otherwise performed by Landlord on behalf of Tenant. Contractors and subcontractors doing Tenant's Work shall be of Tenant's choice but shall be subject to Landlord's prior approval, which shall not be unreasonably withheld, and such rules and regulations as Landlord, in its reasonable discretion, may impose. Notwithstanding the foregoing, the approval of plans any contractors or subcontractors performing any alterations or modifications which are attached hereto and referenced as EXHIBIT “C and EXHIBIT “C-1”. On execution of this lease Tenant shall commence and utilize TWC Constructionaffects the plumbing, sprinkler, heating, ventilation or air conditioning systems or the electrical risers, conduits, meters, panel boxes, transformers, switch gear or the wiring thereto, or any other licensedaffects the structure of the Building, bonded and insured general contractor (“Tenants Contractor”) for Tenant’s Work that does not require permitsshall rest solely within Landlord's determination. Within five days from execution of this leaseTENANT'S WORK MAY BE DONE DURING NORMAL WORKING HOURS PRIOR TO THE ADDITIONAL SPACE COMMENCEMENT DATE, Tenant shall submit its plans to the appropriate governmental agency for permits to construct Tenant’s WorkSUBJECT TO AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS LEASE, PROVIDED LANDLORD'S WORK HAS PROGRESSED SUFFICIENTLY THAT TENANT'S WORK WILL NOT UNREASONABLY INTERFERE WITH REMAINING LANDLORD'S WORK. Tenant shall diligently pursue the issuance per building permits. Within five days of Tenant obtaining permits Tenant shall commence construction of Tenant’s Work utilizing Tenant’s Contractorreceive, without charge, water, heat and ventilation during normal working hours. Tenant shall diligently pursue pay for all rubbish removal service in connection with its work. IT IS UNDERSTOOD AND AGREED THAT TENANT'S ACCESS AND ENTRY PRIOR TO THE ADDITIONAL SPACE COMMENCEMENT DATE TO MAKE ITS INSTALLATIONS IS CONDITIONED UPON TENANT'S CONTRACTORS, SUBCONTRACTORS AND MATERIAL SUPPLIERS WORKING IN HARMONY AND NOT UNREASONABLY INTERFERING WITH THE LABOR FORCES EMPLOYED BY LANDLORD OR ANY OTHER TENANT, OR THEIR CONTRACTORS, SUBCONTRACTORS AND MATERIAL SUPPLIERS. If at any time such installation entry shall cause disharmony or unreasonable interference, then Tenant's right to such access and work entry may be withdrawn by Landlord immediately, however, such entry will be restored if within twenty four (24) hours notice the Tenant cures such interference. Workmen's Compensation, General Liability and Property Damage insurance, all in amounts and with companies and on forms reasonably satisfactory to completionLandlord, shall be provided and at all times maintained by Tenant or its contractors engaged in the performance of Tenant's Work before proceeding with any Tenant's Work. Subject CERTIFICATES FOR SUCH INSURANCE SHALL BE FURNISHED TO LANDLORD PRIOR TO THE COMMENCEMENT OF ANY TENANT'S WORK. Access and entry by Tenant before the Additional Space Commencement Date, in accordance with Tenant's Work above, shall be deemed to 3.3 belowbe under all of the terms, covenants, provisions and conditions of the Lease, except as to the covenant to pay rent. Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's decorations or installations so made prior to the commencement term of the Additional Space, except to the extent that any such injury, loss or damage is caused by the gross negligence and/or willful misconduct of Landlord or Landlord's employees. Moreover, any injury, loss or damage as a result of Tenant's Work which may occur to Landlord's Work, or to any of the material or equipment used to complete Landlord's Work, shall be replaced or repaired at Landlord's sole option, and Tenant shall pay Landlord for all costs and expenses related thereto promptly after the rendering of bills. Tenant shall perform all of Tenant’s 's Work strictly in compliance with all required governmental requirements and shall be obtain all required governmental permits for such work, at Tenant’s 's sole cost and expense. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant’s Work and Tenant shall remove said trash containers prior to opening for business. Landlord shall designate the location of the trash containers. During the Tenant Improvement Period, Tenant and its contractor, if any, shall keep the Common Areas free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and Common Area, and all such areas shall be in broom clean condition and the Common Area shall be returned to the condition it was in prior to commencement of Tenant’s Work. Tenant’s contractor shall name Landlord, its partners, and the manager of the Shopping Center as additional named insured on contractor’s insurance policies. All Tenant’s Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with all governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant or Tenant’s employees, agents or contractors shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Shopping Center of which it is a part.

Appears in 1 contract

Samples: Extension and Fourth Modification (Bisys Group Inc)

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