Landlord’s Work (a) For purposes of this lease, "Landlord's Work" means, collectively, the alterations and improvements to the demised premises to be constructed and/or installed by Landlord in accordance with the terms and conditions of this lease, as more particularly described in Exhibit ________ attached to and hereby made a part of this lease. Landlord shall use commercially reasonable efforts to "Substantially Complete" the Landlord's Work not later than ________, 20________ (the "Substantial Completion Target Date"). For purposes of this lease, Xxxxxxxx's Work shall be deemed to be "Substantially Complete" as of the date on which the general contractor or the architect employed by Landlord with respect to the construction and/or installation of Landlord's Work shall certify in writing to Landlord that: (i) Landlord's Work has been substantially completed in all material respects substantially in accordance with the approved plans and specifications therefor, if any; and (ii) a temporary or permanent certificate of occupancy has been issued by the governmental authority having jurisdiction with respect to Landlord's Work or the governmental authority having jurisdiction with respect to Landlord's Work has otherwise evidenced its approval of Landlord's Work. Landlord shall have no liability whatsoever to Tenant in the event that Landlord shall fail for any reason whatsoever to Substantially Complete Landlord's Work on or before the Substantial Completion Target Date (including, without limitation, for any damages that Tenant may suffer as a result thereof or in connection therewith); provided, however, in such event, Landlord shall use commercially reasonable efforts to Substantially Complete Landlord's Work as soon as possible thereafter. Landlord shall use commercially reasonable efforts to complete any portions or aspects of Landlord's Work which shall be incomplete as of the date of Substantial Completion of Landlord's Work as soon as possible thereafter. Notwithstanding anything to the contrary set forth elsewhere in this lease, Tenant hereby acknowledges and agrees that the construction and/or installation of Landlord's Work by Landlord shall not be deemed in any way to constitute a condition precedent to the occurrence of the Commencement Date (as such date is set forth in Paragraph 1.3 of this lease) or to the effectiveness of any of the agreements or obligations of Tenant set forth in this lease with respect to the demised premises (including, without limitation, the commencement of the obligation to pay Rent by Xxxxxx as of the Commencement Date).
Tenant’s Work With respect to Tenant's Work, Tenant shall 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. Landlord's approval of a contractor for the Tenant Work, which may not be unreasonably withheld, shall be based upon consideration such as whether the contractor is properly licensed, his financial condition, experience and past job performance. Landlord may require that Tenant provide evidence of insurance coverage of a type and amount, reasonably acceptable to Landlord and that Tenant provide a certificate of insurance prior to commencement of any work naming Landlord as a loss payee. In addition, Landlord may require lien waivers from Tenant'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, at 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 thirty-day (30) period immediately prior to the Term Commencement Date, at reasonable times, for the purpose of installing the Tenant 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. Landlord and Tenant shall use 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, when work is not being performed. Tenant's consultants shall have access to the Premises during 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.
