Common use of Commencement and Permitting Clause in Contracts

Commencement and Permitting. Landlord shall commence construction of the Tenant Improvements upon obtaining a building permit (the “TI Permit”) authorizing the construction of the Tenant Improvements consistent with the TI Construction Drawings approved by Tenant. The cost of obtaining the TI Permit shall be payable from the TI Fund. Tenant shall assist Landlord in obtaining the TI Permit. If any Governmental Authority having jurisdiction over the construction of Landlord’s Work or any portion thereof shall impose terms or conditions upon the construction thereof that: (i) are inconsistent with Landlord’s obligations hereunder, (ii) increase the cost of constructing Landlord’s Work, or (iii) will materially delay the construction of Landlord’s Work, Landlord and Tenant shall reasonably and in good faith seek means by which to mitigate or eliminate any such adverse terms and conditions; provided, however, that (y) with respect to Tenant Improvements, any of the costs related to any of the items described in such clauses (i), (ii) and (iii) shall be paid for out of the TI Fund, and (y) with respect to the Building Shell and parking structure, any of the costs related to any of the items described in such clauses (i), (ii) and (iii) shall be borne by Landlord except to the extent relating to Tenant Triggered Matters in which case Tenant shall bear the cost.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement (Gossamer Bio, Inc.), Lease Agreement (Gossamer Bio, Inc.)

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Commencement and Permitting. of Landlord's Work. Landlord shall commence construction of Landlord's Improvements upon obtaining a building permit authorizing the construction of Landlord's Improvements (the "Building Permit"), which Building Permit shall be obtained at Landlord's expense. Landlord shall commence construction of the Tenant Improvements upon the later of (i) obtaining a building permit (the “TI Permit”) authorizing the construction of the Tenant Improvements consistent with the TI Construction Drawings approved by Tenant(the "TI Permit"), or (ii) having sufficiently completed Landlord's Improvements such that the work of constructing the Tenant Improvements can be efficiently prosecuted. The cost of obtaining the TI Permit shall be payable from the TI Fund. Tenant shall assist Landlord in obtaining the Building Permit and the TI Permit. If any Governmental Authority having jurisdiction over the construction of Landlord’s 's Work or any portion thereof shall impose terms or conditions upon the construction thereof thatwhich: (i) are inconsistent with Landlord’s 's obligations hereunder, (ii) increase the cost of constructing Landlord’s 's Work, or (iii) will materially delay the construction of Landlord’s 's Work, Landlord and Tenant shall reasonably and in good faith seek means by which to mitigate or eliminate any such adverse terms and conditions; provided, however, that (y) with respect to Tenant Improvements, any of the costs related to any of the items described in such clauses (i), (ii) and (iii) shall be paid for out of the TI Fund, and (y) with respect to the Building Shell and parking structure, any of the costs related to any of the items described in such clauses (i), (ii) and (iii) shall be borne by Landlord except to the extent relating to Tenant Triggered Matters in which case Tenant shall bear the cost.

Appears in 1 contract

Samples: Lease Agreement (Biogen Inc)

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