Building Upgrades. The cost of any labor, materials, alterations, additions, changes, replacements and other items that under generally accepted accounting principles are properly classified singly or in the aggregate as capital expenditures to the extent they upgrade or improve the Building as opposed to replace existing items that have worn out;
Building Upgrades. NYSERDA Project Manager approval of Task 1.0 Planning Phase of this Agreement before the commencement of this project component. • 00 Xxxxx Xx., Croton-on-Xxxxxx, NY 10520 • 000 Xxxxxxxx Xx., Xxxxxx-xx-Xxxxxx, NY, 10520 Definitions Contractor Team: At the beginning of the Project Period, the Contractor Team for this Agreement shall consist of the Contractor. Subcontractors selected to work on this CEC grant project shall be identified and selected in accordance with Article V of this Agreement and shall be promptly communicated to the NYSERDA Project Manager. The Contractor shall have the sole responsibility for satisfactory completion of all Tasks and Deliverables outlined in this Agreement.
Building Upgrades. Tenant hereby acknowledges and agrees that the Improvements shall include, without limitation, the following items for the Building, each of which shall be subject to Landlord's reasonable approval with respect thereto: (1) upgrading of the main Building lobby, including, without limitation, installation of a new lobby desk, (2) upgrading of all Building restrooms and (3) a card-key secured building-access system. In addition, if required by the City of Cupertino in connection with the construction of the 81 Improvements, Tenant shall be required, at its sole cost and expense, for performing any and all modifications to the Building, including, without limitation, any Building System, necessary to bring the Building into compliance with all Requirements in effect on the Commencement Date (including the Americans With Disabilities Act, 42 U.S.C. (S) 12,101 et seq.), but specifically excluding any such modifications (i) to the structural elements of the Building floors, exterior walls and interior load bearing walls and/or (ii) that involve the removal, encapsulation or other treatment of Hazardous Materials ((i) and (ii) collectively, the "Landlord Compliance Items").
Building Upgrades. It is hereby acknowledged that Landlord, at Landlord’s cost and expense, shall cause the following work to be performed, using building standard colors, materials, finishes and methods, substantially of the same or higher quality as those used in the most recently renovated building in the office park where the Modified Premises are located (collectively, the “Building Upgrades”): (i) renovate the lobby on west side of Building 4; (ii) renovate the restrooms within Building 4 and Building 5, including the installation of motion censored faucets; (iii) installation of a sidewalk to the East entrance of Building 4 in a location determined by Landlord; and (iv) construct demising walls in the locations more particularly shown on Exhibit B attached hereto, to separate each of the Expansion Premises from the remainder of the Building and the Common Area. Landlord shall use commercially reasonable efforts and diligence to cause such Building Upgrades to be completed as soon as reasonably possible, but no later than 30 days following the Suites 140A and 240 Expansion Date. In the event the Building Upgrades are not completed by December 31, 2019 (which date shall be extended one (1) day for each day of delays caused by Tenant or resulting from events of force majeure, and/or events and circumstances outside of Landlord’s reasonable control), Tenant shall have the right to terminate the Lease by giving Landlord written notice on or before January 31, 2020, which notice shall specify a termination date not later than June 30, 2020. Tenant understands that the Building Upgrades will be performed during Tenant’s occupancy and use of the Premises, and may result in inconvenience to Tenant (including noise, vibration and displacement from portions of the Premises from time to time, provided that concrete core drilling or any form of hammer drilling will be performed after hours). Tenant will reasonably cooperate with Landlord’s efforts to efficiently complete the Building Upgrades by, among other things, vacating portions of the Premises from time to time to permit work to proceed, and by moving any furniture or personal property within the Premises that is necessary for the completion of the Building Upgrades. Landlord will make reasonable efforts to minimize the inconvenience and disturbance caused by the Building Upgrades, but is not responsible for business interruption or damage to property which results from the Building Upgrades. Except for core drilling or any ...
Building Upgrades. Landlord, at its sole cost and expense, shall complete certain building improvements as more particularly set forth in Exhibit D attached hereto. LANDLORD AND TENANT EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY THAT THE PREMISES ARE SUITABLE FOR TENANT’S INTENDED COMMERCIAL PURPOSE, AND TENANT’S OBLIGATION TO PAY RENT HEREUNDER IS NOT DEPENDENT UPON THE CONDITION OF THE PREMISES OR THE PERFORMANCE BY LANDLORD OF ITS OBLIGATIONS HEREUNDER, AND, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TENANT SHALL CONTINUE TO PAY THE RENT, WITHOUT ABATEMENT, DEMAND, SETOFF OR DEDUCTION, NOTWITHSTANDING ANY BREACH BY LANDLORD OF ITS DUTIES OR OBLIGATIONS HEREUNDER, WHETHER EXPRESS OR IMPLIED. [Remainder of the Page Left Blank; Signature Page Follows] [Signature Page to the Lease Agreement between Talon Properties Services, LLC, a Washington limited liability company, as General Receiver for W2007 Seattle Office Bellefield Office Park Realty, LLC, a Delaware limited liability company, King County Case No. 12-2-21253-8-SEA, as Landlord, and Griptonite, Inc., a Washington corporation, as Tenant] This Lease is executed on the respective dates set forth below, but for reference purposes, this Lease shall be dated as of the date first above written. If the execution date is left blank, this Lease shall be deemed executed as of the date first written above. LANDLORD: TALON PORTFOLIO SERVICES, LLC, a Washington limited liability company, as General Receiver for W2007 Seattle Office Bellefield Office Park Realty, LLC, a Delaware limited liability company, King County Case No. 12-2-21253-8-SEA By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Managing Principal Execution Date: 06/11/2013 TENANT: GRIPTONITE, INC., a Washington corporation By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: EVP and CFO Execution Date: June 7, 2013 By: /s/ Xxxxx X. Xxxxxxxxx Name: Xxxxx X. Xxxxxxxxx Title: VP, General Counsel & Corporate Secretary Execution Date: June 7, 2013 37 [Cypress Building] [Griptonite, Inc.] LANDLORD ACKNOWLEDGMENT STATE OF WASHINGTON } } ss. COUNTY OF KING } I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this June 11th, 2013, before me personally appeared XXXXXXX X. XXXXXXX [Insert name of the individual executing the Lease on behalf of Landlord], to me known to be the Managing Principal of Talon Portfolio Services, LLC, a Washington limited ...
Building Upgrades. Landlord, at its sole cost and expense as a capital item and not to be included in the Operating Expense Base Amount, shall make upgrades to the Building pursuant generally to the plans titled “Granite Tower Design Package” dated October 29, 2018, by DLR Group, a copy of which is attached hereto as Exhibit D. Landlord will also inform Tenant of any proposed elevator upgrades and any elevator cab upgrades. By execution hereof, Tenant shall be deemed to have approved the Granite Tower Design Package for the Building upgrades as described herein, including finishes, except for the improvements to the garage elevator lobbies, garage elevator cab upgrades and building elevator cab upgrades, which will be subject to Tenant’s reasonable approval.
Building Upgrades
