Completion of Premises. The parties acknowledge that tenant improvements will need to be installed in the Premises and that tenant improvement work will be constructed in accordance with the following terms and conditions: (a) Tenant shall furnish to Landlord in writing on or before the date set forth in the Basic Lease Information such full and complete information as will be required for Landlord to complete the space and construction plans for the Premises. Said full and complete information shall include, without limitation, the following details: (i) Exact location of telephone and electrical outlets. (ii) Interior wall finish specifications. (iii) Detailed plans and specifications of all non-standard construction work to be accomplished within the Premises by Landlord's general contractor or other contractor employed by Landlord. Landlord shall cause such space and construction plans to be prepared within sixty (60) days after Landlord's receipt from Tenant of all of such information required above, and Tenant shall either approve or disapprove such plans within seven (7) working days after Tenant's receipt of such plans and the cost breakdown of the tenant improvements, which approval shall not be unreasonably withheld. If Tenant disapproves such plans, Tenant shall specify its objections in writing and Landlord shall, within a reasonable time thereafter, submit revised plans to Tenant. After Tenant has approved the plans, such plans may thereafter be changed front time to time so long as all changes are approved by both Landlord and Tenant, which approvals shall not be unreasonably withheld. (b) Landlord shall, at its sole cost and expense, furnish and install within the Premises, substantially in accordance with Exhibit C attached hereto and made a part hereof by this reference, standard building tenant improvements listed on Exhibit D attached hereto and made a part hereof by this reference. Any additional interior improvements, additions or alterations required by Tenant and approved by Landlord shall be furnished and installed at Tenant's sole cost and expense. Any such additional work shall be furnished and installed either by Landlord's general contractor or other contractor employed by Landlord at such cost and on such terms as shall have been agreed to between Landlord and Tenant. All work to be performed on the Premises which is not within the scope of work shown on Exhibit C and Exhibit D shall be performed by Tenant at Tenant's expense. Agents, contractors and employees obtained by Tenant to perform such work shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, and to the administrative supervision of Landlord's general contractor, said supervision at Landlord's expense. Landlord shall allow access to the Premises during construction of the Premises to Tenant's agents, contractors and employees for the purpose of enabling Tenant to prepare the Premises for Tenant's use and occupancy. All such construction work performed by Tenant's agents, contractors or employees shall be accomplished in such a manner as not to unreasonably interfere with or delay the work of Landlord's general contractor in the completion of the Premises. Tenant agrees that in the event Tenant shall have failed to furnish Landlord with the necessary information to complete the space plans for the Premises by the time hereinabove specified or should Tenant, its agents, contractors or employees otherwise cause delay in Landlord's preparation of the Premises or should any changes in the space plans requested by Tenant and approved by Landlord cause delay in Landlord's preparation of the Premises, thereby delaying Tenant's occupancy of the Premises beyond the Scheduled Completion Date and provided that Landlord would have completed the preparation of the Premises by the Scheduled Completion Date were it not for Tenant's delay, then Landlord may at its option require Tenant to commence payment of rental on the Scheduled Completion date or on the date on which the Premises would have been Ready for Occupancy (its defined below) as reasonably determined by Landlord if the necessary information had been supplied or if the changes in the plans had not been requested or if Tenant or its agents, contractors or employees had not caused such delay. (c) Landlord shall complete the tenant improvements and the Premises shall be Ready for Occupancy (as defined in subparagraph (d) below) by Tenant not later than the Scheduled Completion Date. Notwithstanding the foregoing, the aforesaid date shall be extended for such periods as Landlord is prevented from completing such construction requirements due to governmental restrictions or orders of any governmental authority beyond the reasonable control of Landlord, strikes, labor disputes, lockouts, shortages of material or labor, riots, acts of God, enemy action, delays caused by Tenant, civil commotion, fire, casualty, inclement weather, and the like, or any other causes beyond the reasonable control of Landlord (which events or causes are hereinafter referred to as "force majeure events"). In addition, Landlord may also automatically extend the aforesaid date for a period of sixty (60) days upon giving written notice to Tenant. If Landlord shall not have completed such construction by the aforesaid date, as said date may be extended as hereinbefore provided, then Tenant shall have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within such time, to Landlord. If within said thirty-day period Tenant shall not elect to terminate, the time for completion shall be extended for another period of sixty (60) days from the end of the thirty (30) day notice period, and if completion has not been accomplished within said additional sixty (60) day period, Tenant shall again have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within said time, to Landlord. Upon the giving of such notice of termination, the Term of this Lease shall cease and come to an end as if such date were the date originally fixed for the termination hereof, and thereupon there shall be no further liability or obligation upon either party by reason hereof. Landlord shall incur no liability to Tenant for failure to complete construction by the Scheduled Completion Date. Landlord shall use good faith efforts to have all such work of improvement performed promptly and diligently in a first class and workmanlike manner.
Appears in 2 contracts
Samples: Lease Agreement (Cygnet Financial Corp), Lease Agreement (Cygnet Financial Corp)
Completion of Premises. The parties acknowledge that tenant improvements will need to be installed in the Premises and that tenant improvement work will be constructed in accordance with the following terms and conditions:
(a) Tenant shall furnish Landlord has agreed to Landlord complete the Premises as more fully set forth in writing on or before a work letter (the date "Work Letter") attached hereto and incorporated herein as Exhibit D. Other than as set forth in the Basic Lease Information such full Work Letter and complete information as will be required for Landlord to complete the space and construction plans for the Premises. Said full and complete information shall includethis Lease, without limitation, the following details:
(i) Exact location of telephone and electrical outlets.
(ii) Interior wall finish specifications.
(iii) Detailed plans and specifications of all non-standard construction work to be accomplished within the Premises by Landlord's general contractor or other contractor employed by Landlord. Landlord shall cause such space and construction plans to be prepared within sixty (60) days after Landlord's receipt from Tenant of all of such information required above, and Tenant shall either approve or disapprove such plans within seven (7) working days after Tenant's receipt of such plans and the cost breakdown of the tenant improvements, which approval shall not be unreasonably withheld. If Tenant disapproves such plans, Tenant shall specify its objections in writing and Landlord shall, within a reasonable time thereafter, submit revised plans to Tenant. After Tenant has approved the plans, such plans may thereafter be changed front time to time so long as all changes are approved by both Landlord and Tenant, which approvals shall not be unreasonably withheld.
(b) Landlord shall, at its sole cost and expense, furnish and install within the Premises, substantially in accordance with Exhibit C attached hereto and made a part hereof by this reference, standard building tenant improvements listed on Exhibit D attached hereto and made a part hereof by this reference. Any additional interior improvements, additions or alterations required by Tenant and approved by Landlord shall be furnished and installed at Tenant's sole cost and expense. Any such additional work shall be furnished and installed either by Landlord's general contractor or other contractor employed by Landlord at such cost and on such terms as shall have been agreed to between Landlord and Tenant. All work to be performed on the Premises which is not within the scope of work shown on Exhibit C and Exhibit D shall be performed by Tenant at Tenant's expense. Agents, contractors and employees obtained by Tenant to perform such work shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, and to the administrative supervision of Landlord's general contractor, said supervision at Landlord's expense. Landlord shall allow access to the Premises during construction of the Premises to Tenant's agents, contractors and employees no obligation for the purpose of enabling Tenant to prepare the Premises for Tenant's use and occupancy. All such construction work performed by Tenant's agents, contractors or employees shall be accomplished in such a manner as not to unreasonably interfere with or delay the work of Landlord's general contractor in the completion of the Premises. Tenant agrees that in the event , and Tenant shall accept the Premises in its "as is" condition on the Commencement Date. Landlord shall not have failed to furnish Landlord with the necessary information to complete the space plans any obligation for the Premises by the time hereinabove specified repair or should Tenant, its agents, contractors or employees otherwise cause delay in Landlord's preparation replacement of any portions of the Premises or should any changes in the space plans requested by Tenant and approved by Landlord cause delay in Landlord's preparation interior of the Premises, thereby delaying Tenant's occupancy including but not limited to carpeting, draperies, window coverings, wallcoverings or painting, which are damaged or wear out during the term hereof, regardless of the Premises beyond the Scheduled Completion Date and provided that Landlord would have completed the preparation of cause therefor, except as may otherwise be specifically set forth in this Lease. If the Premises by the Scheduled Completion Date were it are not for Tenant's delay, then Landlord may at its option require Tenant to commence payment of rental on the Scheduled Completion date or on the date on which the Premises would have been Ready for Occupancy (its defined below) as reasonably determined by Landlord if the necessary information had been supplied or if the changes in the plans had not been requested or if Tenant or its agents, contractors or employees had not caused such delay.
(c) Landlord shall complete the tenant improvements and the Premises shall be Ready for Occupancy (as defined in subparagraph (dhereafter defined) below) by Tenant not later than on the Scheduled Completion Commencement Date. Notwithstanding the foregoing, the aforesaid date shall be extended for unless such periods as Landlord delay is prevented from completing such construction requirements due to governmental restrictions or orders of any governmental authority beyond the reasonable control of Landlord, strikes, labor disputes, lockouts, shortages of material or labor, riots, acts of God, enemy action, delays caused by Tenant, civil commotionits agents or employees, firethe rental obligations hereunder shall not commence until the Premises are Ready for Occupancy, casualtywhereupon, inclement weatherthis Lease and all covenants, conditions and terms hereof shall be in full force and effect; and the Termination Date hereof shall be postponed as set forth in paragraph 2(b). The postponement of the rent and term herein provided for such period shall be in full settlement for all claims which Tenant might have by reason of the Premises not being Ready for Occupancy on the Commencement Date. If Tenant wishes to take possession of all or any part of the Premises prior to the date the Premises are Ready for Occupancy, it must first secure the prior written consent of Landlord and such occupancy shall in no way hinder, delay or interfere with Landlord's work in completion of the Premises, and in such event, all terms and provisions of this Lease, including the likeobligation to pay rent at a rate equal to the monthly rate provided in Paragraph 3 (prorated accordingly) shall apply. "Ready for Occupancy" as that term is used herein shall mean the date when all major construction aspects of the Premises and any remodeling work to be performed by Landlord to the extent agreed to in the Work Letter are completed although minor items are not completed (including but not limited to, touch-up plastering or any other causes beyond repainting which does not unreasonably interfere with Tenant's ability to carry on its business in the reasonable control of Landlord (which events or causes are hereinafter referred to as "force majeure events"Premises). In additionA certificate of occupancy (temporary or permanent) as issued by an appropriate government authority, Landlord may also automatically extend and a certificate of the aforesaid architect (or other representative of Landlord) in charge of supervising the completion or remodeling of the Premises shall control conclusively the date upon which the Premises are Ready for a period of sixty (60) days upon giving written notice to TenantOccupancy. If Landlord shall is delayed in delivering the Premises to Tenant because the same are not have completed such construction by Ready for Occupancy or due to the aforesaid date, as said date may be extended as hereinbefore providedfailure of a prior occupant to vacate the same, then Tenant shall have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within such time, to Landlord. If within said thirty-day period Tenant shall not elect to terminate, the time for completion rent and term shall be extended for another period postponed as hereinabove set forth, and such postponement shall be in full settlement of sixty (60) days from the end all claims which Tenant may otherwise have by reason of the thirty (30) day notice period, and if completion has not been accomplished within said additional sixty (60) day period, Tenant shall again have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice delay of such termination, within said time, to Landlord. Upon the giving of such notice of termination, the Term of this Lease shall cease and come to an end as if such date were the date originally fixed for the termination hereof, and thereupon there shall be no further liability or obligation upon either party by reason hereof. Landlord shall incur no liability to Tenant for failure to complete construction by the Scheduled Completion Date. Landlord shall use good faith efforts to have all such work of improvement performed promptly and diligently in a first class and workmanlike mannerdelivery.
Appears in 2 contracts
Samples: Lease (Requisite Technology Inc /Co), Lease (Requisite Technology Inc /Co)
Completion of Premises. 2.01. After the execution of this Lease, Tenant, at Tenant’s expense, shall provide to Landlord for approval by Landlord and Landlord’s Space Planner, the architectural construction plans with detailed specifications and finish schedules, the mechanical, electrical and plumbing construction plans with detailed specifications, and the structural design plans with detailed specifications (collectively the “Preliminary Plans and Specifications”). The parties acknowledge that tenant improvements will need to Preliminary Plans and Specifications and the final Plans and Specifications (as defined below) shall be installed prepared by architects and/or engineers licensed in the Premises State of Texas and that tenant improvement work will be constructed in accordance full compliance with all applicable Laws. Within ten (10) days (“Landlord Plan Review Period”) after Landlord’s receipt of the following terms Preliminary Plans and conditions:
(a) Specifications Landlord shall notify Tenant shall furnish to Landlord in writing on as to whether Landlord approves or before disapproves the date set forth in the Basic Lease Information such full Preliminary Plans and complete information as will be required for Landlord to complete the space and construction plans for the Premises. Said full and complete information shall include, without limitation, the following details:
(i) Exact location of telephone and electrical outlets.
(ii) Interior wall finish specifications.
(iii) Detailed plans and specifications of all non-standard construction work to be accomplished within the Premises by Landlord's general contractor or other contractor employed by Landlord. Landlord shall cause such space and construction plans to be prepared within sixty (60) days after Landlord's receipt from Tenant of all of such information required above, and Tenant shall either approve or disapprove such plans within seven (7) working days after Tenant's receipt of such plans and the cost breakdown of the tenant improvementsSpecifications, which approval shall not be unreasonably withheldwithheld or delayed if the proposed work is consistent with the quality of construction and finish of the Building and consistent with good engineering standards and practices commensurate with the Building, otherwise, and including in the case of any of the Preliminary Plans and Specifications that show a connection to or an adverse effect on a Central System (defined as “Fire Panel and Fire Sprinkler System”) then Landlord’s approval may be denied in Landlord’s sole and absolute discretion (provided that Landlord shall not act in an arbitrary or capricious manner). If Landlord disapproves of any item, it shall also specify when it informs Tenant of any disapproval how any such disapproved item may be modified in order to be acceptable to Landlord as provided above; provided, however, notwithstanding the ten day deadline mentioned above, Landlord agrees to use commercially reasonable efforts to provide its approval as to the Preliminary Plans and Specifications as soon as reasonably possible (but without any liability or penalty for failure to do so), including by providing “partial” approval as to portions of the submitted Preliminary Plans and Specifications. Landlord’s approval of the Preliminary Plans and Specifications, and any changes thereto, or any changes requested by Landlord, for Tenant’s Work shall impose no responsibility or liability on Landlord for their completeness, design sufficiency, or compliance with all applicable laws, rules and regulations of governmental agencies or authorities. Accordingly, Landlord does not guarantee or warrant that the final Plans and Specifications will comply with applicable Laws, be free from errors or omissions, or result in construction of a safe place of habitation, nor that the Tenant’s Work will be free from defects or unsafe conditions, and Landlord will have no liability therefor. If Landlord fails to expressly disapprove the Preliminary Plans and Specifications (or any portion thereof) within the Landlord Plan Review Period, then Landlord shall be deemed to have approved the Preliminary Plans and Specifications. If Landlord disapproves any portion of the Preliminary Plans and Specifications, Landlord shall deliver to Tenant a written notice in reasonable detail with each of Landlord’s disapproved items explaining why such plans, item was not approved and explaining how the disapproved item may be modified in order to be acceptable to Landlord as provided above and Landlord and Tenant shall specify its objections thereafter proceed with reasonable diligence to revise the Preliminary Plans and Specifications for Landlord’s subsequent approval as provided above. The Preliminary Plans and Specifications if approved by Landlord, or the Preliminary Plans and Specifications as revised and subsequently approved by Landlord, are referred to herein as the “Plans and Specifications”. COMMERCIAL LEASE
(a) Unless otherwise agreed to in writing and Landlord shall, within a reasonable time thereafter, submit revised plans to Tenant. After Tenant has approved the plans, such plans may thereafter be changed front time to time so long as all changes are approved by both Landlord and Tenant, which approvals all Tenant’s Work involved in the construction and installation of the Leasehold Improvements shall not be unreasonably withheld.
(b) Landlord carried out by Tenant’s Contractor pursuant to a contract between Tenant and the Tenant’s Contractor, and shall be performed in a good and workmanlike manner. Such contract shall, at its sole cost among other things, expressly provide that Landlord has no liability for payment of any amount to Tenant’s Contractor, and expense, furnish that Tenant’s Contractor recognizes and install within the Premises, substantially in accordance with Exhibit C attached hereto and made a part hereof by this reference, standard building tenant improvements listed on Exhibit D attached hereto and made a part hereof by this reference. Any additional interior improvements, additions or alterations required agrees it is contracted by Tenant and not Landlord and has no right to file any mechanic’s lien on the Project. The Tenant’s Contractor shall be approved by Landlord shall be furnished and installed at Tenant's sole cost and expense. Any such additional work shall be furnished and installed either by Landlord's general contractor or other contractor employed by Landlord at such cost and on such terms as shall have been agreed to between Landlord and Tenant. All work to be performed on the Premises which is not within the scope of work shown on Exhibit C and Exhibit D shall be performed by Tenant at Tenant's expense. Agents, contractors and employees obtained by Tenant to perform such work shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, conditioned, or delayed and shall be deemed given unless Landlord has delivered to the administrative supervision Tenant a written notice of Landlord's general contractor, said supervision at Landlord's expense. disapproval within three (3) Business Days following receipt by Landlord shall allow access to the Premises during construction of the Premises to name of a proposed Tenant's agents, contractors ’s Contractor (and employees for the purpose of enabling Tenant to prepare the Premises for Tenant's use and occupancy. All reasonably detailed information on such construction work performed contractor if requested by Tenant's agents, contractors or employees shall be accomplished in such a manner as not to unreasonably interfere with or delay the work of Landlord's general contractor in the completion of the Premises). Tenant agrees that to pay, promptly upon being billed therefor, the cost (labor and materials) of all Tenant’s Work, subject to Tenant’s right to contest in the event Tenant shall have failed to furnish Landlord with the necessary information to complete the space plans for the Premises by the time hereinabove specified or should Tenant, its agents, contractors or employees otherwise cause delay in Landlord's preparation of the Premises or should good faith any changes in the space plans requested by Tenant and approved by Landlord cause delay in Landlord's preparation of the Premises, thereby delaying Tenant's occupancy of the Premises beyond the Scheduled Completion Date and provided that Landlord would have completed the preparation of the Premises by the Scheduled Completion Date were bills it not for Tenant's delay, then Landlord may at its option require Tenant to commence payment of rental on the Scheduled Completion date or on the date on which the Premises would have been Ready for Occupancy (its defined below) as reasonably determined by Landlord if the necessary information had been supplied or if the changes in the plans had not been requested or if Tenant or its agents, contractors or employees had not caused such delay.
(c) Landlord shall complete the tenant improvements and the Premises shall be Ready for Occupancy (as defined in subparagraph (d) below) by Tenant not later than the Scheduled Completion Datedetermines are inappropriate. Notwithstanding the foregoing, the aforesaid date shall be extended for such periods as Landlord is prevented from completing such construction requirements due to governmental restrictions or orders and regardless of any governmental authority beyond contest by Tenant of any bills, Tenant shall not permit any liens to be filed against the reasonable control of LandlordPremises or Building. If such a lien is filed, strikes, labor disputes, lockouts, shortages of material or labor, riots, acts of God, enemy action, delays caused by Tenant, civil commotion, fire, casualty, inclement weather, and the like, or it shall not constitute a breach under this Lease so long as Tenant shall promptly remove any other causes beyond the reasonable control of such lien.
(b) Not more frequently than monthly Tenant may submit to Landlord (which events or causes are hereinafter referred to as "force majeure events"). In addition, Landlord may also automatically extend the aforesaid date for a period of sixty (60) days upon giving written notice to TenantTenant Reimbursement Submission. If Landlord fails to deliver to Tenant a notice (“Landlord Objection Notice”) setting forth any reasonable reasons for Landlord’s disapproval within ten (10) days following submission of a complete Tenant Reimbursement Submission, Landlord shall be deemed to have approved the Tenant Reimbursement Submission. If Landlord delivers a Landlord Objection Notice then Landlord shall have no obligation to make any payment to Tenant of any disputed amount set forth in the Landlord Objection Notice until Tenant shall have satisfied Landlord’s reasonable objections. Landlord shall remit to Tenant the amount that is not have completed disputed by Landlord to be due to Tenant not later than twenty (20) days following the date of approval or deemed approval of the Tenant Reimbursement Submission (or particular items) and all supporting documentation, or if Landlord has delivered a Landlord Objection Notice then within twenty (20) days following Tenant’s reasonable satisfaction of Landlord’s Objections (such construction twentieth (20th) day being the “Landlord Payment Date”). If Landlord fails to make any payment not reasonably disputed by Landlord to be due to Tenant, or otherwise agreed by Landlord to be due to Tenant, by the aforesaid date, as said date may be extended as hereinbefore providedLandlord Payment Date, then Tenant shall have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within such time, to LandlordOffset Right described below. COMMERCIAL LEASE
2.03. If within said thirty-day period there are any changes in the Leasehold Improvements caused by Tenant from the work as reflected in the final Plans and Specifications, each such change must receive the prior written approval of the Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed.
2.04. All design, construction and installation shall conform to the requirements of applicable building, plumbing and electrical codes, requirements of governmental laws, including the Americans with Disabilities Act, as amended, and the Texas Architectural Barriers Act, as amended (collectively, the “ADA”), and the requirements of any authority having jurisdiction over, or with respect to, such work; provided, however, that Tenant shall not elect to terminate, the time have no liability for completion shall be extended for another period any such non-conformity of sixty (60) days from the end any portion of the thirty Building, other than the Premises, with Landlord responsible for compliance (30or obtaining an unconditional waiver from compliance by the applicable governmental authority with jurisdiction, or if conditional, Landlord has satisfied all conditions) day notice periodfor other portions of the Building.
2.05. Tenant acknowledges that the Premises, and if completion has not been accomplished within said additional sixty (60) day periodthe existing leasehold improvements, Tenant shall again have the right are delivered to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within said time, to Landlord. Upon the giving of such notice of termination, the Term of this Lease shall cease and come to an end as if such date were the date originally fixed for the termination hereofTenant, and thereupon there shall be no further liability or obligation upon either party accepted by reason hereof. Landlord shall incur no liability to Tenant for failure to complete construction by the Scheduled Completion Date. Landlord shall use good faith efforts to have all such work of improvement performed promptly and diligently Tenant, in a first class and workmanlike mannerBase Premises Condition.
Appears in 1 contract
Samples: Commercial Lease (Interphase Corp)
Completion of Premises. The parties acknowledge that tenant improvements will need 2.01. Attached as Exhibit “A” to be installed the Lease is the space plan and specifications prepared by Tenant’s Space Planner and dated 1/23/08 (the “Space Plan”) for the completion of the Leasehold Improvements in the Premises Premises, which Space Plan has been approved by Landlord and Tenant. Tenant shall cause Tenant’s Space Planner to have a preliminary set of Construction Documents prepared based on the Space Plan, and deliver same to Landlord’s Manager as soon as possible after the execution and delivery of this Lease, but no later than February 19, 2008. Landlord agrees to promptly review or cause Landlord’s Manager to review such preliminary set of Construction Documents and provide Tenant with its comments identifying the required revisions to same by February 22, 2008. Tenant shall resubmit the Construction Documents to Landlord’s Manager after making the required revisions thereto within three days after receipt of comments from Landlord or Landlord’s Manager. Landlord shall cause Landlord’s Manager will prepare a Tenant Expenditure Authorization and submit same to Tenant within two (2) days after receipt of the revised Construction Documents. Landlord will require Tenant’s approval of the Tenant Expenditure Authorization prior to commencing Landlord’s Work, which approval shall be given or denied by Tenant on or before February 29, 2008. If Tenant fails to expressly disapprove the Tenant Expenditure Authorization by such date, then Landlord’s Manager shall be authorized to proceed thereon. If Tenant disapproves a Tenant Expenditure Authorization, it shall specify in reasonable detail the reasons for such disapproval; however, such disapproval shall constitute a Tenant Delay. Provided that tenant improvement work will Tenant has approved the Tenant Expenditure Authorization by February 29, 2008, Landlord agrees to commence Landlord’s Work by March 2, 2008. Except as otherwise provided in this Exhibit D, all costs for the preparation, approval and implementation of the Space Plan and the Construction Drawings, including professional fees and the cost of Tenant’s Space Planner, and the cost of Landlord’s Work shall be constructed paid by Landlord, subject, however, to the amount of Tenant’s Allowance and Tenant’s payment of any Excess Costs.
2.02. Unless otherwise agreed to in writing by Landlord and Tenant, all Landlord’s Work involved in the construction and installation of the Leasehold Improvements shall be carried out by Landlord’s Contractor under the sole direction of Landlord’s Manager, who shall serve as construction manager on behalf of Landlord. Tenant shall cooperate with Landlord, Tenant’s Space Planner, Landlord’s Contractor and Landlord’s Manager to promote the efficient and expeditious completion of Landlord’s Work. Landlord shall pay Landlord’s Contractor directly for any and all costs incurred in connection with Landlord’s Work. To the extent that the cost of Landlord’s Work exceeds Tenant’s Allowance, Tenant agrees to pay, promptly upon being billed therefor, the amount by which the cost (labor and materials) of all Landlord’s Work exceeds Tenant’s Allowance (the “Excess Costs”). Tenant shall pay 50% of the Excess Costs to Landlord’s Manager in trust prior to commencement of Landlord’s Work, which payments shall be applied by Landlord’s Manager to the payment of the Excess Costs at such time as Tenant has paid 50% of the Excess Costs from its own funds in accordance with the following terms monthly statements to be delivered by Landlord’s Manager to Tenant pursuant to this Section 2.02. Landlord’s Contractor shall not commence Landlord’s Work without payment in trust to Landlord’s Manager of 50% of the Excess Costs. Landlord’s Manager shall submit monthly statements of Excess Costs incurred to Tenant, which statements shall reflect Tenant’s prorata portion of such statement, and conditions:
(a) shall be supplemented with any supporting information reasonably requested by Tenant. Tenant shall furnish promptly pay Tenant’s prorata portion of such statement, with the final payment to Landlord in writing be due on or before the date set forth in the Basic Lease Information such full and complete information as will be required for Landlord to complete the space and construction plans for the Premises. Said full and complete information shall include, without limitation, the following details:
(i) Exact location of telephone and electrical outlets.
(ii) Interior wall finish specifications.
(iii) Detailed plans and specifications of all non-standard construction work to be accomplished within the Premises by Landlord's general contractor or other contractor employed by Landlord. Landlord shall cause such space and construction plans to be prepared within sixty (60) days after Landlord's receipt from Tenant of all of such information required above, and Tenant shall either approve or disapprove such plans within seven (7) working days after Tenant's receipt of such plans and the cost breakdown Substantial Completion of the tenant improvements, which approval shall not be unreasonably withheld. If Tenant disapproves such plans, Tenant shall specify its objections in writing and Landlord shall, within a reasonable time thereafter, submit revised plans to Tenant. After Tenant has approved the plans, such plans may thereafter be changed front time to time so long as all changes are approved by both Landlord and Tenant, which approvals shall not be unreasonably withheld.
(b) Landlord shall, at its sole cost and expense, furnish and install within the Premises, substantially in accordance with Exhibit C attached hereto and made a part hereof by this reference, standard building tenant improvements listed on Exhibit D attached hereto and made a part hereof by this reference. Any additional interior improvements, additions or alterations required by Tenant and approved by Landlord shall be furnished and installed at Tenant's sole cost and expense. Any such additional work shall be furnished and installed either by Landlord's general contractor or other contractor employed by Landlord at such cost and on such terms as shall have been agreed to between Landlord and Tenant. All work to be performed on the Premises which is not within the scope of work shown on Exhibit C and Exhibit D shall be performed by Tenant at Tenant's expense. Agents, contractors and employees obtained by Tenant to perform such work shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, and to the administrative supervision of Landlord's general contractor, said supervision at Landlord's expense. Landlord shall allow access to the Premises during construction of the Premises to Tenant's agents, contractors and employees for the purpose of enabling Tenant to prepare the Premises for Tenant's use and occupancy. All such construction work performed by Tenant's agents, contractors or employees shall be accomplished in such a manner as not to unreasonably interfere with or delay the work of Landlord's general contractor in the completion of the PremisesLeasehold Improvements. Tenant agrees that in the event of default of any payment required by Tenant pursuant to this Exhibit D, Landlord (in addition to all other remedies) shall have failed to furnish Landlord with the necessary information to complete same rights as in the space plans for the Premises by the time hereinabove specified or should Tenant, its agents, contractors or employees otherwise cause delay in Landlord's preparation Event of the Premises or should any Default of payment of Rent under this Lease.
2.03. Any changes in the space plans Leasehold Improvements requested by Tenant from the work as reflected in the Space Plan shall require Landlord’s written approval, and, in the event of any such approved change in the Space Plan, Landlord shall, upon completion of Landlord’s Work, furnish Tenant with an accurate “as-built” plan of Landlord’s Work as constructed, which plan shall be incorporated into this Exhibit D by this reference for all intents and approved by Landlord cause delay in Landlord's preparation purposes when said plan is fully completed.
2.04. All design, construction and installation shall conform to the requirements of applicable building, plumbing and electrical codes, requirements of governmental laws, including the ADA, and the requirements of any authority having jurisdiction over, or with respect to, such work.
2.05. Tenant acknowledges that the Premises, thereby delaying Tenant's occupancy of the Premises beyond the Scheduled Completion Date and provided that Landlord would have completed the preparation of the Premises by the Scheduled Completion Date were it not for Tenant's delay, then Landlord may at its option require Tenant to commence payment of rental on the Scheduled Completion date or on the date on which the Premises would have been Ready for Occupancy (its defined below) as reasonably determined by Landlord if the necessary information had been supplied or if the changes in the plans had not been requested or if Tenant or its agents, contractors or employees had not caused such delay.
(c) Landlord shall complete the tenant improvements and the Premises shall be Ready for Occupancy (as defined in subparagraph (d) below) by Tenant not later than the Scheduled Completion Date. Notwithstanding the foregoingexisting leasehold improvements, the aforesaid date shall be extended for such periods as Landlord is prevented from completing such construction requirements due are delivered to governmental restrictions or orders of any governmental authority beyond the reasonable control of LandlordTenant, strikes, labor disputes, lockouts, shortages of material or labor, riots, acts of God, enemy action, delays caused and accepted by Tenant, civil commotionin Base Condition, fire, casualty, inclement weather, and except for the like, or any other causes beyond construction of the reasonable control of Landlord (which events or causes are hereinafter referred Leasehold Improvements to as "force majeure events")the Premises in accordance with the approved Construction Documents.
2.06. In additionan effort to minimize Tenant Delays, Landlord may also automatically extend the aforesaid date for a period agrees to notify Tenant of sixty any existing or potential Tenant Delay within two (602) days upon giving written notice to Tenant. If after Landlord first becomes aware of same; provided, however, that Landlord shall not have completed such construction by the aforesaid date, as said date may be extended as hereinbefore provided, then required to give Tenant shall have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within such time, to Landlord. If within said thirty-day period Tenant shall not elect to terminate, the time specific dates for completion shall be extended for another period of sixty (60) days from the end of the thirty (30) day notice period, and if completion has not been accomplished within said additional sixty (60) day period, Tenant shall again have the right to terminate compliance set forth in this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within said time, to Landlord. Upon the giving of such notice of termination, the Term of this Lease shall cease and come to an end as if such date were the date originally fixed for the termination hereof, and thereupon there shall be no further liability or obligation upon either party by reason hereof. Landlord shall incur no liability to Tenant for failure to complete construction by the Scheduled Completion Date. Landlord shall use good faith efforts to have all such work of improvement performed promptly and diligently in a first class and workmanlike mannerLease.
Appears in 1 contract
Samples: Lease Agreement (SolarWinds, Inc.)
Completion of Premises. The parties acknowledge that tenant improvements will need to Premises shall be installed in the Premises and that tenant improvement work will be constructed completed in accordance with the following terms and conditions:
Work Letter attached hereto as Exhibit C (a) the “Work Letter”). Landlord shall notify Tenant shall furnish to Landlord in writing within thirty (30) days of Landlord’s receipt of all permits required to begin the Premises Work (as defined in the Work Letter) (the “Permit Notice”). The “Target Date” shall be the date that is ninety (90) days after Landlord’s delivery to Tenant of the Permit Notice (the “Target Date”). Except as expressly set forth herein, if the Premises are not Substantially Completed (as defined in the Work Letter) and delivered to Tenant on or before the date set forth in the Basic Lease Information such full and complete information as will be required Target Date for any reason, whether or not within Landlord’s control, Landlord to complete the space and construction plans for the Premises. Said full and complete information shall include, without limitation, the following details:
(i) Exact location of telephone and electrical outlets.
(ii) Interior wall finish specifications.
(iii) Detailed plans and specifications of all non-standard construction work to be accomplished within the Premises by Landlord's general contractor or other contractor employed by Landlord. Landlord shall cause such space and construction plans to be prepared within sixty (60) days after Landlord's receipt from Tenant of all of such information required above, and Tenant shall either approve or disapprove such plans within seven (7) working days after Tenant's receipt of such plans and the cost breakdown of the tenant improvements, which approval shall not be unreasonably withheld. If Tenant disapproves such plans, Tenant shall specify its objections in writing and Landlord shall, within a reasonable time thereafter, submit revised plans subject to Tenant. After Tenant has approved the plans, such plans may thereafter be changed front time any liability to time so long as all changes are approved by both Landlord and Tenant, which approvals shall not be unreasonably withheld.
(b) Landlord shall, at its sole cost and expense, furnish and install within the Premises, substantially in accordance with Exhibit C attached hereto and made a part hereof by this reference, standard building tenant improvements listed on Exhibit D attached hereto and made a part hereof by this reference. Any additional interior improvements, additions or alterations required by Tenant and approved by Landlord shall be furnished and installed at Tenant's sole cost and expense. Any no such additional work shall be furnished and installed either by Landlord's general contractor or other contractor employed by Landlord at such cost and on such terms as shall have been agreed failure to between Landlord and Tenant. All work to be performed on the Premises which is not within the scope of work shown on Exhibit C and Exhibit D shall be performed by Tenant at Tenant's expense. Agents, contractors and employees obtained by Tenant to perform such work shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, and to the administrative supervision of Landlord's general contractor, said supervision at Landlord's expense. Landlord shall allow access to the Premises during construction of the Premises to Tenant's agents, contractors and employees for the purpose of enabling Tenant to prepare the Premises for Tenant's use and occupancy. All such construction work performed by Tenant's agents, contractors or employees shall be accomplished in such a manner as not to unreasonably interfere with or delay the work of Landlord's general contractor in the completion of the Premises. Tenant agrees that in the event Tenant shall have failed to furnish Landlord with the necessary information to complete the space plans for deliver the Premises by the time hereinabove specified Target Date or should Tenantany other date shall in any respect affect the validity or continuance of this Lease or any obligations of Tenant hereunder or extend the Term. Reference is hereby made to that certain Agreement of Lease (the “Current Lease”) between Tenant as tenant and 3190 Tremont LLC as landlord (the “Current Landlord”) executed on April 2, its agents2009, contractors or employees otherwise cause delay in Landlord's preparation and Tenant represents and warrants that a true, accurate and complete copy of the Premises or should Current Lease is attached hereto as Exhibit L. In no event shall Tenant notify Current Landlord of its decision to terminate the Existing Lease, a copy of which termination notice shall be provided simultaneously to Landlord, prior to Tenant’s receipt of the Permit Notice. In the event the Commencement Date does not occur within ninety (90) days of Landlord’s delivery to Tenant of the Permit Notice, Landlord will promptly reimburse Tenant (but in any changes in event within ten (10) business days following Tenant’s notice thereof to Landlord) for the space plans requested incremental, actual, out of pocket costs and expenses incurred by Tenant and approved due to such delay, including (a) any holdover rent or holdover damages payable by Landlord cause delay in Landlord's preparation of Tenant under the PremisesCurrent Lease, thereby delaying Tenant's occupancy of the Premises beyond the Scheduled Completion Date and provided that Landlord would shall have completed the preparation right to contact Current Landlord directly to mitigate or verify such damages and Tenant shall cooperate with Landlord at no out of pocket cost to Landlord in such efforts and (b) warehousing, storage, moving and subcontractor expenses, provided that Tenant shall use commercially reasonable efforts to mitigate the same. If the Commencement Date does not occur within one hundred twenty (120) days of Landlord’s delivery to Tenant of the Premises by the Scheduled Completion Date were it not for Tenant's delayPermit Notice, then Landlord may at its option require shall also credit Tenant to commence payment with one day of rental free Rent (which shall be applied commencing on the Scheduled Completion date or on first (1st) day of the date on which sixth (6th) month of the Premises would have been Ready Term) for Occupancy each day that the Commencement Date is delayed beyond such one hundred twenty (its defined below120) as reasonably determined by Landlord if day period. If the necessary information had been supplied or if the changes in the plans had Commencement Date does not been requested or if Tenant or its agents, contractors or employees had not caused such delay.
occur within one hundred fifty (c150) Landlord shall complete the tenant improvements and the Premises shall be Ready for Occupancy (as defined in subparagraph (d) below) by Tenant not later than the Scheduled Completion Date. Notwithstanding the foregoing, the aforesaid date shall be extended for such periods as Landlord is prevented from completing such construction requirements due to governmental restrictions or orders of any governmental authority beyond the reasonable control days of Landlord, strikes, labor disputes, lockouts, shortages ’s delivery to Tenant of material or labor, riots, acts of God, enemy action, delays caused by Tenant, civil commotion, fire, casualty, inclement weather, and the like, or any other causes beyond the reasonable control of Landlord (which events or causes are hereinafter referred to as "force majeure events"). In addition, Landlord may also automatically extend the aforesaid date for a period of sixty (60) days upon giving written notice to Tenant. If Landlord shall not have completed such construction by the aforesaid date, as said date may be extended as hereinbefore providedPermit Notice, then Tenant shall have the right to terminate this the Lease upon written notice to Landlord, provided that Tenant may not deliver such termination to Landlord at any time within thirty after Landlord notifies Tenant in writing that the Premises are Substantially Completed. Within fifteen (3015) days thereafter following Substantial Completion of the Premises, Landlord shall have the Premises measured by giving written notice of such terminationSpace Design, within such time, to LandlordIncorporated in accordance with the Space Design methodology described on Exhibit I attached hereto. If within said thirty-day period Tenant shall not elect to terminatethe rentable area of the Premises as so measured and certified is different than the area indicated in the Preamble, the time for completion Fixed Basic Rent and Tenant’s Operating Expenses Share shall be extended for another period of sixty (60) days from adjusted to reflect the end actual rentable area of the thirty Premises, but in no event shall the Fixed Basic Rent and Tenant’s Operating Expenses Share be increased by more than one hundred and three percent (30103%) day notice period, and if completion has not been accomplished within said additional sixty (60) day period, Tenant shall again have of the right to terminate amounts set forth in this Lease at any time within thirty (30) days thereafter by giving written notice as of such termination, within said time, to Landlord. Upon the giving of such notice of termination, the Term of this Lease shall cease and come to an end as if such date were the date originally fixed for the termination hereof, and thereupon there shall be no further liability or obligation upon either party by reason hereof. Landlord shall incur no liability to Tenant for failure to complete construction by the Scheduled Completion Date. Landlord shall use good faith efforts to have all such work of improvement performed promptly and diligently in a first class and workmanlike manner.
Appears in 1 contract
Completion of Premises. The parties acknowledge that tenant improvements will need to be installed in the Premises and that tenant improvement work will be constructed in accordance with the following terms and conditions:
(a) Tenant shall furnish to Landlord will complete all the work in writing on or before the date Demised Premises (including, without limitation, construction of demising walls) as set forth in the Basic Lease Information Work Letter attached hereto and made part hereof, upon the terms and conditions specified in such full and complete information as will be required for Landlord to complete the space and construction plans for the Premises. Said full and complete information shall include, without limitation, the following details:
(i) Exact location of telephone and electrical outlets.
(ii) Interior wall finish specifications.
(iii) Detailed plans and specifications of all non-standard construction work to be accomplished within the Premises by Landlord's general contractor or other contractor employed by Landlord. Landlord shall cause such space and construction plans to be prepared within sixty (60) days after Landlord's receipt from Tenant of all of such information required above, and Tenant shall either approve or disapprove such plans within seven (7) working days after Tenant's receipt of such plans and the cost breakdown of the tenant improvements, which approval shall not be unreasonably withheld. If Tenant disapproves such plans, Tenant shall specify its objections in writing and Landlord shall, within a reasonable time thereafter, submit revised plans to Tenant. After Tenant has approved the plans, such plans may thereafter be changed front time to time so long as all changes are approved by both Landlord and Tenant, which approvals shall not be unreasonably withheldWork Letter.
(b) Landlord shall, at its sole cost Landlord’s agreement to do the work in the Demised Premises as set forth in the Work Letter shall not require it to incur overtime costs and expense, furnish expenses and install within the Premises, substantially in accordance with Exhibit C attached hereto and made a part hereof by this reference, standard building tenant improvements listed on Exhibit D attached hereto and made a part hereof by this reference. Any additional interior improvements, additions or alterations required by Tenant and approved by Landlord shall be furnished and installed at Tenant's sole cost and expense. Any such additional work shall be furnished and installed either by Landlord's general contractor or other contractor employed by Landlord at such cost and on such terms as shall have been agreed to between Landlord and Tenant. All work to be performed on the Premises which is not within the scope of work shown on Exhibit C and Exhibit D shall be performed by Tenant at Tenant's expense. Agents, contractors and employees obtained by Tenant to perform such work shall be subject to Landlord's approvalunavoidable delays. Except as otherwise provided herein, which approval shall not be unreasonably withheldLandlord has made, and makes, no representations as to the administrative supervision of Landlord's general contractor, said supervision at Landlord's expense. Landlord shall allow access to date when the Demised Premises during construction of the Premises to Tenant's agents, contractors and employees for the purpose of enabling Tenant to prepare the Premises will be ready for Tenant's use ’s occupancy, and occupancy. All such construction work performed by Tenant's agentsnotwithstanding any date specified in this lease as the Commencement Date, contractors or employees shall be accomplished in such a manner as not to unreasonably interfere with or delay it is understood that the work of Landlord's general contractor in the completion of the Premises. Tenant agrees that in the event Tenant shall have failed to furnish Landlord with the necessary information to complete the space plans for the Premises by the time hereinabove specified or should Tenant, its agents, contractors or employees otherwise cause delay in Landlord's preparation of the Premises or should any changes in the space plans requested by Tenant and approved by Landlord cause delay in Landlord's preparation of the Premises, thereby delaying Tenant's occupancy of the Premises beyond the Scheduled Completion Date and provided that Landlord would have completed the preparation of the Premises by the Scheduled Completion Date were it not for Tenant's delay, then Landlord may at its option require Tenant to commence payment of rental on the Scheduled Completion date or on the date on which the Premises would have been Ready for Occupancy (its defined below) as reasonably determined by Landlord if the necessary information had been supplied or if the changes in the plans had not been requested or if Tenant or its agents, contractors or employees had not caused such delaysame is merely an estimate.
(c) Landlord shall complete represents that to Landlord’s knowledge, as of the date hereof: (i) the Premises are free from all occupancies or tenancies whatsoever; (ii) no other tenant improvements or occupant of the Building has been granted a right which would prohibit or limit Tenant’s permitted uses under this Lease; (iii) Landlord has full power and authority to enter into this Lease and the person executing this Lease on behalf of Landlord is authorized to do so; (iv) there are no ground leases and/or mortgages which in any way prohibit or interfere with the use of the Premises shall be Ready for Occupancy (as defined in subparagraph (d) below) by Tenant not later than for the Scheduled Completion Date. Notwithstanding purposes permitted under this Lease or the foregoing, the aforesaid date shall be extended for such periods as Landlord is prevented from completing such construction requirements due to governmental restrictions or orders term of any governmental authority beyond the reasonable control of Landlord, strikes, labor disputes, lockouts, shortages of material or labor, riots, acts of God, enemy action, delays caused by Tenant, civil commotion, fire, casualty, inclement weatherthis Lease, and the like, or any other causes beyond the reasonable control of Landlord (which events or causes are hereinafter referred to as "force majeure events"). In addition, Landlord may also automatically extend the aforesaid date for a period of sixty (60) days upon giving written notice to Tenant. If Landlord shall not have completed permit or suffer any such construction by ground lease or mortgage to be placed against the aforesaid date, as said date may be extended as hereinbefore provided, then Tenant shall have Building which would prohibit or interfere with such permitted uses or the right to terminate term of this Lease at any time within thirty Lease; and (30v) days thereafter by giving written Landlord has received no notice of such terminationany violations affecting the Premises or the Building, within such and Landlord has no knowledge of any condition which, with the giving of notice and the passage of time, to Landlord. If within said thirty-day period would constitute a violation, and Tenant shall not elect be responsible for any violations against the Premises, nor against the Building as of the commencement of the term of this Lease, whether or not of record. Landlord warrants that as of the Commencement Date: (i) all Building systems (including, but not limited to, electrical, mechanical, plumbing, heat, ventilation, air conditioning (all of the heat, ventilation, air conditioning in a manner so as to terminateexclusively service the Demised Premises), sprinkler and life safety) and other facilities and services which Landlord is obligated to provide to Tenant under this Lease, will be installed, and in good working order and condition; (ii) the roof of the Building will be free from leaks; (iii) all utilities and submeters therefor will have been installed in the Demised Premises, and will be in good working order and condition; and (iv) the certificate of occupancy issued for the Demised Premises will not prohibit Tenant from use of the Demised Premises for the purposes permitted under this Lease. Notwithstanding anything herein to the contrary, the time for completion items set forth in clauses (i), (iii) and (iv) hereinabove shall be extended for another period of sixty (60) days from the end performed as part of the thirty (30) day notice periodWork, the cost of which shall be part of the Tenant Improvement Costs, and if completion has not been accomplished within said additional sixty (60) day period, Tenant shall again have paid for as provided in the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within said time, to Landlord. Upon the giving of such notice of termination, the Term of this Lease shall cease and come to an end as if such date were the date originally fixed for the termination hereof, and thereupon there shall be no further liability or obligation upon either party by reason hereof. Landlord shall incur no liability to Tenant for failure to complete construction by the Scheduled Completion Date. Landlord shall use good faith efforts to have all such work of improvement performed promptly and diligently in a first class and workmanlike mannerWork Letter.
Appears in 1 contract
Samples: Lease (Vision Sciences Inc /De/)
Completion of Premises. The parties acknowledge that a) Phase One of the Premises shall be delivered to Tenant on the Target Date for Phase One in its "As-Is, Where-Is" condition as of the date of this Lease and Landlord shall not be required to provide any tenant or other improvements thereto except as otherwise provided herein. Commencing on the Target Date for Phase One of the Premises, Tenant shall promptly construct and install tenant improvements will need to be installed in the Premises and that tenant improvement work will be constructed in accordance with plans (the following terms "Plans") prepared by Tenant at Tenant's sole cost and conditions:
expense and approved by Landlord in Landlord's reasonable discretion. Landlord shall pay to Tenant a tenant improvement allowance (athe "Allowance") in the amount Twenty Dollars ($20.00) per rentable square foot of Phase One of the Premises for use by Tenant in constructing and installing its tenant improvements therein. Tenant shall furnish to Landlord in writing on or before complete the date improvements set forth in the Basic Lease Information such full Plans and complete information as will be required for Landlord to complete the space and construction plans for the Premises. Said full and complete information shall include, without limitation, the following details:
(i) Exact location of telephone and electrical outlets.
(ii) Interior wall finish specifications.
(iii) Detailed plans and specifications of all non-standard construction work to be accomplished within the Premises by Landlord's general contractor or other contractor employed by Landlord. Landlord shall cause such space pay the Allowance to Tenant in two (2) equal installments the first of which shall be made on or before thirty (30) days after the Target Date for Phase One and construction plans to the second of which shall be prepared within made on or before sixty (60) days after the Target Date for Phase One provided Tenant is not in default of its obligations hereunder beyond any applicable notice and cure period and has constructed and installed tenant improvements with a cost in an amount greater than or equal to the amount of the Allowance being paid to Tenant at such time, as reasonably determined by Landlord. All improvements and alterations for Phase One of the Premises, as specified by the Plans or otherwise, shall be performed by Tenant in accordance with the terms of this Lease.
b) Phase Two of the Premises shall be completed in accordance with the plans and specifications to be prepared by Tenant's receipt from Tenant of all of such information required abovearchitect, and Tenant shall either approve or disapprove such plans within seven (7) working days after Tenant's receipt of such plans and the cost breakdown of the tenant improvements, which approval shall not be unreasonably withheld. If Tenant disapproves such plans, Tenant shall specify its objections in writing and Landlord shall, within a reasonable time thereafter, submit revised plans to Tenant. After Tenant has approved the plans, such plans may thereafter be changed front time to time so long as all changes are approved by both Landlord and Tenant, which approvals Landlord shall not be unreasonably withheld.
complete the improvements set forth in the plans and specifications (b"Landlord's Work") Landlord shall, at its sole cost and expense, furnish and install within expense in an amount not to exceed the sum of Twenty Dollars ($20.00) per rentable square foot of Phase Two of the Premises. All necessary construction shall be commenced promptly following Landlord's execution and acceptance of this Lease and shall be substantially completed ready for use and occupancy by Tenant on the Target Date for Phase Two as set forth in the Preamble; provided, however, that the time for substantial completion of the Premises shall be extended for additional periods of time equal to the time lost by Landlord or Landlord's contractors, subcontractors or suppliers due to strikes or other labor troubles; delays in Tenant's selection of materials, plans or specifications; governmental restrictions and limitations; unavailability or delays in obtaining fuel, labor or materials; war or other national emergency; accidents; floods; defective materials; fire damage or other casualties; adverse weather conditions; the inability to obtain building or use and occupancy permits; or any cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord or Landlord's contractors, subcontractors or suppliers. As soon as practicable after final approval of the plans for the Landlord's Work, Landlord shall obtain and deliver to Tenant complete final and binding bids from at least three (3) reputable contractors acceptable setting forth breakouts for all components of the bid with all pertinent sub-contractor cost information. Landlord shall request proposals from such contractors for lump sum contracts. Landlord shall choose the contractor submitting the lowest bid unless Landlord reasonably believes such contractor is unable to complete Landlord's Work in a timely manner. Landlord's Work and Phase Two of the Premises shall be deemed substantially completed when Tenant is in accordance receipt of a Certificate of Occupancy or Temporary Certificate of Occupancy (punchlist items excepted). In the event Landlord's Work is not substantially complete on or prior to the Target Date for Phase Two, then upon substantial completion of same, Tenant shall be entitled to two (2) additional days of Rent abatement for each one (1) day of delay beyond such Target Date until such work is substantially completed.
c) All construction shall be done in a good and workmanlike manner and shall comply at the time of completion with all applicable and lawful laws, ordinances, regulations and orders of the federal, state, county or other governmental authorities having jurisdiction thereof. In addition to the Landlord's Work defined above, Landlord shall cooperate with Tenant in connection with its installation and completion of the Fiber Optic Work set forth on Exhibit C attached hereto and made a part hereof by this reference, standard building tenant improvements listed on Exhibit D attached hereto and made a part hereof by this referencehereof. Any additional interior improvements, additions or alterations required by Tenant and approved by Landlord shall be furnished and installed at Tenant's sole cost and expense. Any such additional work shall be furnished and installed either by Landlord's general contractor or other contractor employed by Landlord at such cost and on such terms as shall have been agreed to between Landlord and Tenant. All work to be performed on the Premises which is not within the scope of work shown on Exhibit C and Exhibit D shall be performed by Tenant at Tenant's expense. Agents, contractors and employees obtained by Tenant to perform such work shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, and to the administrative supervision of Landlord's general contractor, said supervision at Landlord's expense. Landlord shall allow access to the Premises during construction of the Premises to Tenant's agents, contractors and employees obligated for the purpose direct and actual costs of enabling Tenant to prepare the Premises for Tenant's use and occupancy. All such construction work performed by Tenant's agents, contractors or employees shall be accomplished in such a manner as not to unreasonably interfere with or delay the work of Landlord's general contractor in the completion of the Premises. Tenant agrees that in the event Fiber Optic Work up to Fifty Thousand Dollars ($50,000.00) and Tenant shall have failed to furnish Landlord with the necessary information be obligated for any excess costs. The failure to complete Fiber Optic Work shall not delay the space plans Commencement Date for the Premises by the time hereinabove specified either Phase One or should Tenant, its agents, contractors or employees otherwise cause delay in Landlord's preparation Phase Two of the Premises or should in any changes in respect affect the space plans requested by validity or continuance of this Lease or any obligation of Tenant and approved by Landlord cause delay in hereunder or extend the Term of the Lease, whether or not within Landlord's preparation of the Premises, thereby delaying Tenant's occupancy of the Premises beyond the Scheduled Completion Date and provided that Landlord would have completed the preparation of the Premises by the Scheduled Completion Date were it not for Tenant's delay, then Landlord may at its option require Tenant to commence payment of rental on the Scheduled Completion date or on the date on which the Premises would have been Ready for Occupancy (its defined below) as reasonably determined by Landlord if the necessary information had been supplied or if the changes in the plans had not been requested or if Tenant or its agents, contractors or employees had not caused such delay.
(c) Landlord shall complete the tenant improvements and the Premises shall be Ready for Occupancy (as defined in subparagraph (d) below) by Tenant not later than the Scheduled Completion Date. Notwithstanding the foregoing, the aforesaid date shall be extended for such periods as Landlord is prevented from completing such construction requirements due to governmental restrictions or orders of any governmental authority beyond the reasonable control of Landlord, strikes, labor disputes, lockouts, shortages of material or labor, riots, acts of God, enemy action, delays caused by Tenant, civil commotion, fire, casualty, inclement weathercontrol, and the like, or any other causes beyond the reasonable control of Landlord (which events or causes are hereinafter referred to as "force majeure events"). In addition, Landlord may also automatically extend the aforesaid date for a period of sixty (60) days upon giving written notice to Tenant. If Landlord shall not have completed such construction by the aforesaid date, as said date may be extended as hereinbefore provided, then Tenant shall have the right subject to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within such time, to Landlord. If within said thirty-day period Tenant shall not elect to terminate, the time for completion shall be extended for another period of sixty (60) days from the end of the thirty (30) day notice period, and if completion has not been accomplished within said additional sixty (60) day period, Tenant shall again have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within said time, to Landlord. Upon the giving of such notice of termination, the Term of this Lease shall cease and come to an end as if such date were the date originally fixed for the termination hereof, and thereupon there shall be no further liability or obligation upon either party by reason hereof. Landlord shall incur no liability to Tenant for failure to complete construction by the Scheduled Completion Date. Landlord shall use good faith efforts to have all such work of improvement performed promptly and diligently in a first class and workmanlike mannerTenant.
Appears in 1 contract
Samples: Office Space Lease (Broadview Networks Holdings Inc)
Completion of Premises. The parties acknowledge that tenant improvements will need to be installed in the Premises and that tenant improvement work will be constructed in accordance with the following terms and conditions:
(a) Tenant shall furnish to Landlord in writing on or before the date set forth in the Basic Lease Information such full and complete information as will be required If, for Landlord to complete the space and construction plans for the Premises. Said full and complete information shall include, without limitationany reason, the following details:
(i) Exact location of telephone and electrical outlets.
(ii) Interior wall finish specifications.
(iii) Detailed plans and specifications of all non-standard construction work to be accomplished within the Leased Premises by Landlord's general contractor or other contractor employed by Landlord. Landlord shall cause such space and construction plans to be prepared within sixty (60) days after Landlord's receipt from Tenant of all of such information required above, and Tenant shall either approve or disapprove such plans within seven (7) working days after Tenant's receipt of such plans and the cost breakdown of the tenant improvements, which approval shall not be unreasonably withheld. If ready for occupancy by Tenant disapproves such planson January 1, 2001, the Landlord shall grant to Tenant shall specify its objections in writing and Landlord shallthree (3) days rent abatement for each one (1) day delay, within a reasonable time thereafter, submit revised plans to Tenant. After Tenant has approved the plans, such plans may thereafter be changed front time to time so long as all changes are approved unless delay is caused directly by both Landlord and Tenant, the result thereof being that Tenant's obligation to pay rent shall not commence until those aforementioned abated days after the Leased Premises are ready for occupancy, whereupon this lease and all covenants, conditions and agreements herein shall be given full force and effect: and the abatement of rent for such period prior to delivery of Leased Premises to Tenant or occupancy, as above set out, shall be in full settlement of all claims which approvals Tenant might otherwise have by reason of the Leased Premises not being ready for occupancy on the date of the commencement of the term as set forth herein. It is expressly agreed that Landlord shall not be unreasonably withheld.
(b) Landlord shallliable for any claims, at its sole cost and expensedamages or liabilities in connection therewith, furnish and install within the Premises, substantially in accordance with Exhibit C attached hereto and made a part hereof by this reference, standard building tenant improvements listed on Exhibit D attached hereto and made a part hereof by this referenceother than abatement of rent. Any additional interior improvements, additions or alterations required by Tenant and approved by Landlord shall be furnished and installed at Tenant's sole cost and expense. Any such additional work shall be furnished and installed either by Landlord's general contractor or other contractor employed by Landlord at such cost and on such terms as shall have been agreed to between Landlord and Tenant. All work to be performed on the Premises which is not within the scope of work shown on Exhibit C and Exhibit D shall be performed by Tenant at Tenant's expense. Agents, contractors and employees obtained by Tenant to perform such work shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, and to the administrative supervision of Landlord's general contractor, said supervision at Landlord's expense. Landlord shall allow access to the Premises during construction of the Premises to Tenant's agents, contractors and employees for the purpose of enabling Tenant to prepare the Premises for Tenant's use and occupancy. All such construction work performed by Tenant's agents, contractors or employees shall be accomplished in such a manner as not to unreasonably interfere with or No delay the work of Landlord's general contractor in the completion of the Premises. Leased Premises resulting from delay or failure on the part of Tenant agrees in furnishing information or other matters required, and no delay resulting from completion of work, if any, that is to be performed it Tenant's expense shall delay the lease commencement date or lease expiration date is other than as set forth in the event Tenant shall have failed to furnish Paragraph 2 hereof, then upon request by either Landlord with the necessary information to complete the space plans for the Premises by the time hereinabove specified or should Tenant, its agentsboth parties shall execute, contractors or employees otherwise cause delay in Landlord's preparation of the Premises or should any changes in the space plans requested by Tenant and approved by Landlord cause delay in Landlord's preparation of the Premises, thereby delaying Tenant's occupancy of the Premises beyond the Scheduled Completion Date and provided that Landlord would have completed the preparation of the Premises by the Scheduled Completion Date were it not for Tenant's delay, then Landlord may at its option require Tenant to commence payment of rental on the Scheduled Completion date or on the date on which the Premises would have been Ready for Occupancy (its defined below) as reasonably determined by Landlord if the necessary information had been supplied or if the changes in the plans had not been requested or if Tenant or its agents, contractors or employees had not caused such delay.
(c) Landlord shall complete the tenant improvements and the Premises shall be Ready for Occupancy (as defined in subparagraph (d) below) by Tenant not later than the Scheduled Completion Date. Notwithstanding the foregoing, the aforesaid date shall be extended for such periods as Landlord is prevented from completing such construction requirements due to governmental restrictions or orders of any governmental authority beyond the reasonable control of Landlord, strikes, labor disputes, lockouts, shortages of material or labor, riots, acts of God, enemy action, delays caused by Tenant, civil commotion, fire, casualty, inclement weatheracknowledge, and deliver a certificate setting forth the like, or any other causes beyond the reasonable control of Landlord (which events or causes are hereinafter referred to as "force majeure events"). In addition, Landlord may also automatically extend the aforesaid actual commencement date for a period of sixty (60) days upon giving written notice to Tenant. If Landlord shall not have completed such construction by the aforesaid and expiration date, as said date may be extended as hereinbefore provided, then Tenant shall have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within such time, to Landlord. If within said thirty-day period Tenant shall not elect to terminate, the time for completion shall be extended for another period of sixty (60) days from the end of the thirty (30) day notice period, and if completion has not been accomplished within said additional sixty (60) day period, Tenant shall again have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within said time, to Landlord. Upon the giving of such notice of termination, the Term of this Lease shall cease and come to an end as if such date were the date originally fixed for the termination hereof, and thereupon there shall be no further liability or obligation upon either party by reason hereof. Landlord shall incur no liability to Tenant for failure to complete construction by the Scheduled Completion Date. Landlord shall use good faith efforts to have all such work of improvement performed promptly and diligently in a first class and workmanlike manner.
Appears in 1 contract
Completion of Premises. The parties acknowledge that tenant improvements will need (a) Landlord shall, at its own cost and expense, in a good and workmanlike manner, cause the Premises to be installed in the Premises improved and that tenant improvement work will be constructed completed in accordance with the following terms and conditions:
space plan prepared by Waring XxXxxxxxxx, Inc. dated July 22, 1996 (a) Tenant shall furnish to such work being herein called "Landlord's Work"). Landlord in writing on or before reserves the date set forth in the Basic Lease Information such full and complete information as will be required for Landlord to complete the space and construction plans for the Premises. Said full and complete information shall includeright, without limitation, the following details:
however: (i) Exact location to make substitutions of telephone material or components of equivalent grade and electrical outlets.
quality when and if any specified material or component shall not be readily or reasonably available, and (ii) Interior wall finish specifications.
(iii) Detailed plans and specifications to make changes necessitated by conditions met in the course of all non-standard construction work to be accomplished within the Premises by Landlord's general contractor or other contractor employed by Landlord. Landlord shall cause such space and construction plans to be prepared within sixty (60) days after Landlord's receipt from Tenant of all of such information required aboveconstriction, and Tenant shall either approve or disapprove such plans within seven (7) working days after provided that Tenant's receipt approval of such plans and the cost breakdown of the tenant improvements, any substantial change shall first be obtained (which approval shall not be unreasonably withheld. If Tenant disapproves such plans, Tenant shall specify its objections in writing and Landlord shall, within a reasonable time thereafter, submit revised plans to Tenant. After Tenant has approved the plans, such plans may thereafter be changed front time to time withheld or delayed so long as all changes are approved by both Landlord and Tenant, which approvals there shall not be unreasonably withheldgeneral conformity with the Final Layout Plans).
(b) If Landlord shall, at for any reason (including, without limitation, failure to complete the work, if any, required to be done by Landlord under this lease) fail to make available to Tenant possession of the Premises on or before the Commencement Date or any other date, Landlord shall not be subject to any liability for such failure nor for any failure to timely complete any work. Under such circumstances, Tenant's obligations to pay Base Rent and Tenant's Share of Operating Expenses shall not commence until Landlord makes possession available; and such failure to make available to Tenant possession of the Premises on or before the Commencement Date or any other date or to timely complete any work, shall not in any other way affect the validity or continuance of this Lease, nor the Term or the obligations of Tenant hereunder. Such deferral of rent shall be Tenant's sole and exclusive right and remedy with respect to any such failure. There shall be no deferral of rent, however, if any such failure is caused in whole or part by any act or omission of Tenant, its sole cost and expenseagents, furnish and install within servants, employees or contractors, which has the effect of hindering or delaying Landlord's delivery of possession or the timely completion of any work to be done by Landlord (hereinafter a "Tenant Delay") including, without limitation, (a) any delay which is caused by changes in the work to be performed by Landlord in readying the Premises for Tenant's occupancy, (b) any delay, not caused by Landlord, in furnishing materials or procuring labor required to be furnished or procured for the completion of the Premises, substantially in accordance with Exhibit C attached hereto and made a or (c) any delay which is caused by any failure by Tenant, without regard to any grace period applicable thereto, promptly to furnish to Landlord any required information, approval or consent or caused by any good faith reluctance on the part hereof by this reference, standard building tenant improvements listed on Exhibit D attached hereto and made a part hereof by this reference. Any additional interior improvements, additions or alterations of Landlord to approve any information required to be submitted by Tenant and approved by Landlord shall be furnished and installed at Tenant's sole cost and expense. Any such additional Landlord, or (d) any delay which is caused by the performance of any work shall be furnished and installed either by Landlord's general contractor or other contractor employed by Landlord at such cost and on such terms as shall have been agreed to between Landlord and Tenant. All work to be performed on activity in the Premises which is not within the scope of work shown on Exhibit C and Exhibit D shall be performed by Tenant at Tenant's expenseor any of its employees, agents or contractors. Agents, contractors and employees obtained by Tenant to perform such work also shall be subject pay to Landlord's approval, which approval shall not be unreasonably withheldwithin 10 days after receipt of demand made from time to time, and a sum equal to any additional cost to Landlord in completing the Premises resulting from any Tenant Delay. Notwithstanding any provision contained in this Paragraph 30(b) to the administrative supervision of Landlord's general contractorcontrary, said supervision at Landlord's expense. Landlord shall allow access to the Premises during construction of the Premises to Tenant's agents, contractors and employees for the purpose of enabling Tenant to prepare the Premises for Tenant's use and occupancy. All such construction work performed by Tenant's agents, contractors or employees shall be accomplished in such a manner as not to unreasonably interfere with or delay the work of Landlord's general contractor in the completion of the Premises. Tenant agrees that in the event Tenant shall have failed to furnish Landlord with the necessary information to complete the space plans for the Premises by the time hereinabove specified or should Tenant, its agents, contractors or employees otherwise cause delay in Landlord's preparation of the Premises or should any changes in the space plans requested by Tenant and approved by Landlord cause delay in Landlord's preparation of the Premises, thereby delaying Tenant's occupancy of the Premises beyond the Scheduled Completion Date and provided that Landlord would have completed the preparation of the Premises by the Scheduled Completion Date were it are not for Tenant's delay, then Landlord may at its option require Tenant to commence payment of rental on the Scheduled Completion date or on the date on which the Premises would have been Ready for Occupancy (its defined below) as reasonably determined by Landlord if the necessary information had been supplied on or if the changes in the plans had not been requested or if before February 15, 1997, for reasons other than a Tenant or its agentsDelay, contractors or employees had not caused such delay.
(c) Landlord shall complete the tenant improvements and the Premises shall be Ready for Occupancy (as defined in subparagraph (d) below) by Tenant not later than the Scheduled Completion Date. Notwithstanding the foregoing, the aforesaid date shall be extended for such periods as Landlord is prevented from completing such construction requirements due to governmental restrictions or orders of any governmental authority beyond the reasonable control of Landlord, strikes, labor disputes, lockouts, shortages of material or labor, riots, acts of God, enemy action, delays caused by Tenant, civil commotion, fire, casualty, inclement weather, and the like, or any other causes beyond the reasonable control of Landlord (which events or causes are hereinafter referred to as "force majeure events"). In addition, Landlord may also automatically extend the aforesaid date for a period of sixty (60) days upon giving written notice to Tenant. If Landlord shall not have completed such construction by the aforesaid date, as said date may be extended as hereinbefore provided, then Tenant shall have the right to elect to terminate this the Lease upon delivery of written notice to Landlord at any time after February 15, 1997 and prior to the Premises being Ready for Occupancy. "Ready for Occupancy" shall mean the date on which Landlord has obtained a certificate or approval from the City and County of Denver permitting Tenant's occupancy of the Premises. After Landlord's Work has been substantially completed, Landlord shall give Tenant not less than five (5) days written notice of the date on which Landlord anticipates that the Premises will be Ready for Occupancy so that Tenant can schedule inspection of the Premises and Tenant's move. Within ten (10) days after the date the Premises are Ready for Occupancy Tenant and Landlord shall prepare a mutually agreed upon list ("Punch List") of items of the Landlord's Work which need to be corrected or repaired. Landlord agrees to correct the items set forth on the Punch List within thirty (30) days thereafter by giving written notice of such termination, within such time, to Landlord. If within said thirty-day period Tenant shall not elect to terminate, after the time for completion shall be extended for another period of sixty (60) days from the end of the thirty (30) day notice period, and if completion Punch List has not been accomplished within said additional sixty (60) day period, Tenant shall again have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within said time, to Landlord. Upon the giving of such notice of termination, the Term of this Lease shall cease and come to an end as if such date were the date originally fixed for the termination hereof, and thereupon there shall be no further liability or obligation upon either party by reason hereof. Landlord shall incur no liability to Tenant for failure to complete construction by the Scheduled Completion Date. Landlord shall use good faith efforts to have all such work of improvement performed promptly and diligently in a first class and workmanlike mannerprepared.
Appears in 1 contract
Completion of Premises. The parties acknowledge that tenant improvements will need to Premises shall be installed in the Premises and that tenant improvement work will be constructed completed by Landlord in accordance with the following terms plans and conditions:
specifications attached hereto as Exhibit C (aherein called the "Plans") at Landlord's expense provided, however, Tenant shall furnish pay the sum of Fifty Thousand Dollars ($50,000.00) to Landlord in writing on or before account of the date tenant improvements to be constructed (the "Tenant's Share"). All necessary construction shall be commenced promptly following Landlord's execution and acceptance of this Lease and Tenant's delivery of the Security Deposit to Landlord and shall be substantially completed and ready for use and occupancy by Tenant on the Target Date set forth in the Basic Lease Information such full Preamble; provided, however, that the time for substantial completion of the Premises and complete information the Outside Date (as will defined below) shall be required extended for additional periods of time equal to the time lost by Landlord or Landlord's contractors, subcontractors or suppliers due to complete strikes or other labor troubles; delays in Tenant's selection of materials, plans or specifications; modifications or amendments to the space plans or specifications prepared by Tenant; governmental restrictions and construction plans limitations; unavailability or delays in obtaining fuel, labor or materials; war or other national emergency; accidents; floods; defective materials; fire damage or other casualties; adverse weather conditions; the inability to obtain building or use and occupancy permits; or any cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord or Landlord's contractors, subcontractors or suppliers. The Premises shall be deemed substantially completed when Tenant is in receipt of a Certificate of Occupancy or Temporary Certificate of Occupancy (punch list items excepted) and Tenant can use and occupy the Premises for the PremisesPermitted Purpose without unreasonable interference. Said full and complete information shall include, without limitation, the following details:
(i) Exact location of telephone and electrical outlets.
(ii) Interior wall finish specifications.
(iii) Detailed plans and specifications of all non-standard construction work to be accomplished within the Premises by Landlord's general contractor or other contractor employed by Landlord. Landlord shall cause such space and construction plans to be prepared within sixty (60) days after Landlord's receipt from Tenant of all of such information required above, and Tenant shall either approve or disapprove such plans within seven (7) working days after Tenant's receipt of such plans and the cost breakdown of the tenant improvements, which approval shall not be unreasonably withheld. If Tenant disapproves such plansUpon substantial completion, Tenant shall specify immediately pay to Landlord the Tenant's Share. All construction shall be done in a good and workmanlike manner and shall comply at the time of completion with all applicable and lawful laws, ordinances, regulations and orders of the federal, state, county or other governmental authorities having jurisdiction thereof. Tenant and its objections in writing authorized agents, employees and Landlord shall, within a reasonable time thereafter, submit revised plans to Tenant. After Tenant has approved contractors shall have the plans, such plans may thereafter be changed front time to time so long as all changes are approved by both Landlord and Tenant, which approvals shall not be unreasonably withheld.
(b) Landlord shallright, at its sole cost their own risk, expense and expenseresponsibility, furnish and install within at all reasonable times prior to the PremisesTarget Date as hereinafter defined, substantially in accordance with Exhibit C attached hereto and made a part hereof by this reference, standard building tenant improvements listed on Exhibit D attached hereto and made a part hereof by this reference. Any additional interior improvements, additions or alterations required by Tenant and approved by Landlord shall be furnished and installed at Tenant's sole cost and expense. Any such additional work shall be furnished and installed either by Landlord's general contractor or other contractor employed by Landlord at such cost and on such terms as shall have been agreed to between Landlord and Tenant. All work to be performed on enter the Premises which is not within the scope of work shown on Exhibit C and Exhibit D shall be performed by Tenant at Tenant's expense. Agents, contractors and employees obtained by Tenant to perform such work shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, and to the administrative supervision of Landlord's general contractor, said supervision at Landlord's expense. Landlord shall allow access to the Premises during construction of the Premises to Tenant's agents, contractors and employees for the purpose of enabling Tenant to prepare the Premises for taking measurements and installing its furnishings and equipment; provided that Tenant's use and occupancy. All such construction work performed by Tenant's agents, contractors or employees in so doing, shall be accomplished in such a manner as not to unreasonably interfere with or delay the work of to be performed hereunder by Landlord's general contractor , and Tenant shall use contractors and workmen compatible with the contractors and workmen engaged in the completion of the Premises. Tenant agrees that in the event work to be performed hereunder by Landlord, and Tenant shall have failed to furnish Landlord with the necessary information to complete the space plans for the Premises by the time hereinabove specified or should Tenant, its agents, contractors or employees otherwise cause delay in obtained Landlord's preparation of the Premises written consent to installing any furnishings or should any changes in the space plans requested by Tenant and approved by equipment. If Landlord cause delay in Landlord's preparation of the Premises, thereby delaying Tenant's occupancy of the Premises beyond the Scheduled Completion Date and provided that Landlord would have completed the preparation shall fail to deliver possession of the Premises by the Scheduled Completion Target Date were it for any reason, whether or not for within Landlord's control, Landlord shall not be subject to any liability to Tenant's delay, then Landlord may at its option require Tenant . No failure to commence payment of rental on the Scheduled Completion date or on the date on which deliver the Premises would have been Ready for Occupancy (its defined below) as reasonably determined by Landlord if the necessary information had been supplied Target Date or if any other date shall in any respect affect the changes in validity or continuance of this Lease of any obligation of Tenant hereunder or extend the plans had not been requested or if Tenant or its agents, contractors or employees had not caused such delay.
(c) Landlord shall complete Term of the tenant improvements and the Premises shall be Ready for Occupancy (as defined in subparagraph (d) below) by Tenant not later than the Scheduled Completion DateLease. Notwithstanding the foregoing, in the aforesaid date shall be extended for such periods event Landlord fails to substantially complete the Premises (as Landlord is prevented from completing such construction requirements due to governmental restrictions defined above) on or orders of any governmental authority beyond before December 1, 1999 (the reasonable control of Landlord, strikes, labor disputes, lockouts, shortages of material or labor, riots, acts of God, enemy action, delays caused by Tenant, civil commotion, fire, casualty, inclement weather, and the like, or any other causes beyond the reasonable control of Landlord (which events or causes are hereinafter referred to as "force majeure eventsOutside Date"). In addition, Landlord may also automatically extend the aforesaid date for a period of sixty (60) days upon giving written notice to Tenant. If Landlord shall not have completed such construction by the aforesaid date, as said date may be extended as hereinbefore provided, then Tenant shall have the right be entitled to terminate this Lease at any time within thirty upon three (303) days thereafter by giving prior written notice of such terminationgiven on or before December 15, within such time, to Landlord. If within said thirty-day period Tenant shall not elect to terminate, the time for completion shall be extended for another period of sixty (60) days from the end of the thirty (30) day notice period, and if completion has not been accomplished within said additional sixty (60) day period, Tenant shall again have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within said time, to Landlord. Upon the giving of such notice of termination, the Term of this Lease shall cease and come to an end as if such date were the date originally fixed for the termination hereof, and thereupon there shall be no further liability or obligation upon either party by reason hereof. Landlord shall incur no liability to Tenant for failure to complete construction by the Scheduled Completion Date. Landlord shall use good faith efforts to have all such work of improvement performed promptly and diligently in a first class and workmanlike manner1999.
Appears in 1 contract
Samples: Office Space Lease (Cytogen Corp)
Completion of Premises. a) The parties acknowledge that Premises shall be delivered to Tenant on the Target Date in its "As-Is, Where-Is" condition as of the date of this Lease and Landlord shall not be required to provide any tenant or other improvements thereto except as otherwise provided herein. Commencing on the Target Date, Tenant shall promptly construct and install tenant improvements will need to be installed in the Premises and that tenant improvement work will be constructed in accordance with plans (the following terms "Plans") prepared by Tenant at Tenant's sole cost and conditions:
expense and approved by Landlord in Landlord's reasonable discretion. Landlord shall pay to Tenant a tenant improvement allowance (athe "Allowance") in the amount Twenty Dollars ($20.00) per rentable square foot of the Premises for use by Tenant in constructing and installing its tenant improvements therein. Tenant shall furnish to Landlord in writing on or before complete the date improvements set forth in the Basic Lease Information such full Plans and complete information as will be required for Landlord to complete the space and construction plans for the Premises. Said full and complete information shall include, without limitation, the following details:
(i) Exact location of telephone and electrical outlets.
(ii) Interior wall finish specifications.
(iii) Detailed plans and specifications of all non-standard construction work to be accomplished within the Premises by Landlord's general contractor or other contractor employed by Landlord. Landlord shall cause such space pay the Allowance to Tenant in two (2) equal installments the first of which shall be made on or before thirty (30) days after the Target Date and construction plans to the second of which shall be prepared within made on or before sixty (60) days after Landlord's receipt from the Target Date provided Tenant is not in default of all of such information required above, its obligations hereunder beyond any applicable notice and Tenant shall either approve cure period and has constructed and installed tenant improvements with a cost in an amount greater than or disapprove such plans within seven (7) working days after Tenant's receipt of such plans and equal to the cost breakdown amount of the tenant improvementsAllowance being paid to Tenant at such time, which approval as reasonably determined by Landlord. All improvements and alterations for the Premises, as specified by the Plans or otherwise, shall not be unreasonably withheld. If performed by Tenant disapproves such plans, Tenant shall specify its objections in writing and Landlord shall, within a reasonable time thereafter, submit revised plans to Tenant. After Tenant has approved accordance with the plans, such plans may thereafter be changed front time to time so long as all changes are approved by both Landlord and Tenant, which approvals shall not be unreasonably withheldterms of this Lease.
(b) Landlord shall, shall undertake the work for the Premises as set forth on Exhibit C attached hereto ("Landlord's Work") at its sole cost and expense, furnish . All necessary construction shall be commenced promptly following Landlord's execution and install within the Premises, acceptance of this Lease and shall be substantially in accordance with Exhibit C attached hereto completed ready for use and made a part hereof by this reference, standard building tenant improvements listed on Exhibit D attached hereto and made a part hereof by this reference. Any additional interior improvements, additions or alterations required occupancy by Tenant and approved by Landlord shall be furnished and installed at Tenant's sole cost and expense. Any such additional work shall be furnished and installed either by Landlord's general contractor or other contractor employed by Landlord at such cost and on such terms as shall have been agreed to between Landlord and Tenant. All work to be performed on the Premises which is not within the scope of work shown on Exhibit C and Exhibit D shall be performed by Tenant at Tenant's expense. Agents, contractors and employees obtained by Tenant to perform such work shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, and to the administrative supervision of Landlord's general contractor, said supervision at Landlord's expense. Landlord shall allow access to the Premises during construction thirty (30) days of the Premises to Tenant's agentsTarget Date; provided, contractors and employees however, that the time for the purpose of enabling Tenant to prepare the Premises for Tenant's use and occupancy. All such construction work performed by Tenant's agents, contractors or employees shall be accomplished in such a manner as not to unreasonably interfere with or delay the work of Landlord's general contractor in the substantial completion of the Premises. Tenant agrees that in the event Tenant shall have failed to furnish Landlord with the necessary information to complete the space plans for the Premises by the time hereinabove specified or should Tenant, its agents, contractors or employees otherwise cause delay in Landlord's preparation of the Premises or should any changes in the space plans requested by Tenant and approved by Landlord cause delay in Landlord's preparation of the Premises, thereby delaying Tenant's occupancy of the Premises beyond the Scheduled Completion Date and provided that Landlord would have completed the preparation of the Premises by the Scheduled Completion Date were it not for Tenant's delay, then Landlord may at its option require Tenant to commence payment of rental on the Scheduled Completion date or on the date on which the Premises would have been Ready for Occupancy (its defined below) as reasonably determined by Landlord if the necessary information had been supplied or if the changes in the plans had not been requested or if Tenant or its agents, contractors or employees had not caused such delay.
(c) Landlord shall complete the tenant improvements and the Premises shall be Ready for Occupancy (as defined in subparagraph (d) below) by Tenant not later than the Scheduled Completion Date. Notwithstanding the foregoing, the aforesaid date shall be extended for such additional periods as of time equal to the time lost by Landlord is prevented from completing such construction requirements or Landlord's contractors, subcontractors or suppliers due to strikes or other labor troubles; delays in Tenant's selection of materials, plans or specifications; governmental restrictions and limitations; unavailability or orders of any governmental authority beyond the reasonable control of Landlord, strikesdelays in obtaining fuel, labor disputes, lockouts, shortages of material or labor, riots, acts of God, enemy action, delays caused by Tenant, civil commotion, fire, casualty, inclement weather, materials; war or other national emergency; accidents; floods; defective materials; fire damage or other casualties; adverse weather conditions; the inability to obtain building or use and the like, occupancy permits; or any other causes cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord (which events or causes are hereinafter referred to as "force majeure events")Landlord's contractors, subcontractors or suppliers. In addition, the event Landlord may also automatically extend fails to substantially complete the aforesaid date for a period of sixty (60) days upon giving written notice work necessary to Tenant. If Landlord shall not have completed such construction by demise the aforesaid date, as said date may be extended as hereinbefore provided, then Tenant shall have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within such time, to Landlord. If within said thirty-day period Tenant shall not elect to terminate, the time for completion shall be extended for another period of Premises on or before sixty (60) days from the end date this Lease is fully executed, then upon substantial completion of the thirty (30) day notice period, and if completion has not been accomplished within said additional sixty (60) day periodsame, Tenant shall again have the right be entitled to terminate this Lease at any time within thirty two (302) additional days thereafter by giving written notice of such termination, within said time, to Landlord. Upon the giving Rent abatement for each one (1) day of such notice of termination, the Term of this Lease shall cease and come to an end as if delay beyond such date were the date originally fixed for the termination hereof, and thereupon there until such work is substantially completed.
c) All construction shall be no further liability or obligation upon either party by reason hereof. Landlord shall incur no liability to Tenant for failure to complete construction by the Scheduled Completion Date. Landlord shall use good faith efforts to have all such work of improvement performed promptly and diligently done in a first class good and workmanlike mannermanner and shall comply at the time of completion with all applicable and lawful laws, ordinances, regulations and orders of the federal, state, county or other governmental authorities having jurisdiction thereof.
Appears in 1 contract
Samples: Office Space Lease (Broadview Networks Holdings Inc)
Completion of Premises. The parties acknowledge that tenant improvements will need to be installed in the Premises and that tenant improvement work will be constructed in accordance with the following terms and conditions:
(a) Tenant shall furnish Landlord has agreed to Landlord in writing on or before complete the date Premises as more fully set forth in plans and specifications to be prepared by Landlord and approved by Tenant. In connection with the Basic Lease Information such full and complete information as will be required for Landlord to complete the space and construction plans for completion of the Premises. Said full and complete information , Landlord shall include, without limitation, contribute the following details:
sum of $27.50 per rentable square foot in connection with the installation of: (i) Exact location of telephone and electrical outlets.
suite entrance door; (ii) Interior wall finish specifications.
partitions; (iii) Detailed plans interior doors; (iv) ceiling treatment; (v) wall treatment; (vi) window covering treatment; (vii) floor treatment; (viii) light fixtures; (ix) light switches; (x) electrical wall outlets; (xi) telephone outlets; (xii) sound conditioning; and specifications of all non-standard construction work to be accomplished within the Premises by Landlord's general contractor or (xiii) any other contractor employed by Landlord. Landlord shall cause such space improvements over and construction plans to be prepared within sixty (60) days after Landlord's receipt from Tenant of all of such information required above, and Tenant shall either approve or disapprove such plans within seven (7) working days after Tenant's receipt of such plans and alterations to, the cost breakdown of the tenant improvements, which approval shall not be unreasonably withheld. If Tenant disapproves such plans, Tenant shall specify its objections in writing and Landlord shall, within a reasonable time thereafter, submit revised plans to Tenant. After Tenant has approved the plans, such plans may thereafter be changed front time to time so long as all changes are approved by both Landlord and Tenant, which approvals shall not be unreasonably withheld.
(b) Landlord shall, at its sole cost and expense, furnish and install within the Premises, substantially in accordance with Exhibit C attached hereto and made a part hereof by this reference, standard building tenant improvements listed on Exhibit D attached hereto and made a part hereof by this reference. Any additional interior improvements, additions or alterations required by Tenant and approved by Landlord shall be furnished and installed at Tenant's sole cost and expense. Any such additional work shall be furnished and installed either by Landlord's general contractor or other contractor employed by Landlord at such cost and on such terms as shall have been agreed to between Landlord and Tenant. All work to be performed on the Premises which is not within the scope of work shown on Exhibit C and Exhibit D shall be performed by Tenant at Tenant's expense. Agents, contractors and employees obtained by Tenant to perform such work shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, and to the administrative supervision of Landlord's general contractor, said supervision at Landlord's expense. Landlord shall allow access to the Premises during construction of the Premises to Tenant's agents, contractors and employees for the purpose of enabling Tenant shell necessary to prepare the Premises for Tenant's use and occupancy. All In the event, Tenant does not utilize the entire contribution available from Landlord, the amount not used by Tenant shall be a credit against rent and other charges owed by Tenant under this Lease. In any event, Landlord shall not have any obligation for the repair or replacement of any portions of the interior of the Premises which are damaged or wear out during the term hereof, regardless of the cause therefor, including, but not limited to, carpeting, draperies, window coverings, wall coverings, painting or any of Tenant's Property or betterments in the Premises, except as otherwise specifically set forth in this Lease. Except as otherwise provided in Paragraph 3 of this Lease, the postponement of rent and extension of the Commencement Date as herein provided for such period shall be in full settlement for all claims which Tenant might have. If Tenant wishes to take possession of all or any part of the Premises prior to the date the Premises are Ready for Occupancy, it must first secure the prior written consent of Landlord, and in such event, all terms and provisions of this Lease shall apply. "Ready for Occupancy" as that term is used herein shall mean the date when all major construction work aspects of the Premises to be performed by Tenant's agentsLandlord to the extent set forth in the approved plans and specifications, contractors are completed although minor items are not completed (including, but not limited to, touch-up plastering or employees shall be accomplished in such a manner as repainting which does not to unreasonably interfere with Tenant's ability to carry on its business in the Premises), all common areas and lobbies are finished in accordance with building standards, interior and exterior lighting installed, parking lot and covered parking areas completed and striped and construction equipment and refuse containers used in conjunction with the construction are removed, and HVAC has been tested and fully functional. The certificate of the architect (or delay the work other representative of Landlord's general contractor ) in charge of supervising the completion of the Premises. Tenant agrees that in Premises and the event Tenant issuance of a temporary certificate of occupancy shall have failed to furnish Landlord with the necessary information to complete the space plans for the Premises by the time hereinabove specified or should Tenant, its agents, contractors or employees otherwise cause delay in Landlord's preparation of the Premises or should any changes in the space plans requested by Tenant and approved by Landlord cause delay in Landlord's preparation of the Premises, thereby delaying Tenant's occupancy of the Premises beyond the Scheduled Completion Date and provided that Landlord would have completed the preparation of the Premises by the Scheduled Completion Date were it not for Tenant's delay, then Landlord may at its option require Tenant to commence payment of rental on the Scheduled Completion date or on control the date on upon which the Premises would have been are Ready for Occupancy (its defined below) as reasonably determined by Landlord if the necessary information had been supplied or if the changes in the plans had not been requested or if Tenant or its agents, contractors or employees had not caused such delayOccupancy.
(c) Landlord shall complete the tenant improvements and the Premises shall be Ready for Occupancy (as defined in subparagraph (d) below) by Tenant not later than the Scheduled Completion Date. Notwithstanding the foregoing, the aforesaid date shall be extended for such periods as Landlord is prevented from completing such construction requirements due to governmental restrictions or orders of any governmental authority beyond the reasonable control of Landlord, strikes, labor disputes, lockouts, shortages of material or labor, riots, acts of God, enemy action, delays caused by Tenant, civil commotion, fire, casualty, inclement weather, and the like, or any other causes beyond the reasonable control of Landlord (which events or causes are hereinafter referred to as "force majeure events"). In addition, Landlord may also automatically extend the aforesaid date for a period of sixty (60) days upon giving written notice to Tenant. If Landlord shall not have completed such construction by the aforesaid date, as said date may be extended as hereinbefore provided, then Tenant shall have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within such time, to Landlord. If within said thirty-day period Tenant shall not elect to terminate, the time for completion shall be extended for another period of sixty (60) days from the end of the thirty (30) day notice period, and if completion has not been accomplished within said additional sixty (60) day period, Tenant shall again have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within said time, to Landlord. Upon the giving of such notice of termination, the Term of this Lease shall cease and come to an end as if such date were the date originally fixed for the termination hereof, and thereupon there shall be no further liability or obligation upon either party by reason hereof. Landlord shall incur no liability to Tenant for failure to complete construction by the Scheduled Completion Date. Landlord shall use good faith efforts to have all such work of improvement performed promptly and diligently in a first class and workmanlike manner.
Appears in 1 contract
Samples: Office Building Lease (Michigan Heritage Bancorp Inc)
Completion of Premises. The parties acknowledge that tenant improvements will need to be installed 2.01. As soon as practicable after the execution of this Lease, but in the Premises and that tenant improvement work will be constructed in accordance with the following terms and conditions:
(a) Tenant shall furnish to Landlord in writing on or before the date set forth in the Basic Lease Information such full and complete information as will be required for Landlord to complete the space and construction plans for the Premises. Said full and complete information shall include, without limitation, the following details:
(i) Exact location of telephone and electrical outlets.
(ii) Interior wall finish specifications.
(iii) Detailed plans and specifications of all non-standard construction work to be accomplished within the Premises by Landlord's general contractor or other contractor employed by Landlord. Landlord shall cause such space and construction plans to be prepared within any event not more than sixty (60) days after Landlord's receipt from Tenant the date of all execution of such information required abovethis Lease, Tenant’s Space Planner, at Tenant’s expense (subject to Tenant’s Allowance) shall prepare and complete the space plan, the architectural construction plan to include specifications, finish schedules specifications, and Tenant shall either approve or disapprove MEP plans (collectively “Plans and Specifications”) for the Leasehold Improvements and submit such plans within seven (7) working days after Tenant's receipt of such plans Plans and the cost breakdown of the tenant improvementsSpecifications to Landlord for its approval, which approval (as well as its approval of any revisions thereto) shall not be unreasonably withheldwithheld or delayed. If Within five (5) business days after Landlord’s receipt of such Plans and Specifications, Landlord shall notify Tenant in writing as to whether Landlord approves or disapproves such plans, Plans and Specifications. Tenant shall specify its objections cause Tenant’s Space Planner to revise the Plans and Specifications within five (5) business days following receipt of Landlord’s requested revisions thereto. Landlord’s approval of the Plans and Specifications, and any changes thereto, for Tenant’s Work shall impose no responsibility or liability on Landlord for their completeness, design sufficiency, or compliance with all applicable laws, rules and regulations of governmental agencies or authorities. All costs, including professional fees of Tenant’s Space Planner, which are related to the preparation of the Plans and Specifications shall be paid out of Tenant’s Allowance, or if same has been depleted, by Tenant.
2.02. Unless otherwise agreed to in writing and Landlord shall, within a reasonable time thereafter, submit revised plans to Tenant. After Tenant has approved the plans, such plans may thereafter be changed front time to time so long as all changes are approved by both Landlord and Tenant, all Tenant’s Work involved in the construction and installation of the Leasehold Improvements shall be carried out by Landlord’s Contractor. Tenant shall cooperate with Landlord, and shall cause Tenant’s Manager, if any, to promote the efficient and expeditious completion of such Tenant’s Work. To the extent that the cost of Tenant’s Work exceeds Tenant’s Allowance (as hereinafter defined), Tenant agrees to pay to Landlord, promptly upon being billed therefor, the amount by which approvals the cost (labor and materials) of all Tenant’s Work exceeds Tenant’s Allowance (the “Excess Costs”). Tenant shall not pay 50% of the Excess Costs to Landlord in trust prior to commencement of Tenant’s Work, which payments shall be unreasonably withheld.
(b) applied by Landlord shall, to the payment of the Excess Costs at such time as Tenant has paid 50% of the Excess Costs from its sole cost and expense, furnish and install within the Premises, substantially own funds in accordance with Exhibit C attached hereto and made a part hereof by this reference, standard building tenant improvements listed on Exhibit D attached hereto and made a part hereof by this reference. Any additional interior improvements, additions or alterations required by Tenant and approved the monthly statements to be delivered by Landlord to Tenant pursuant to this Section 2.02. Landlord’s Contractor shall be furnished and installed at not commence Tenant's sole cost and expense’s Work without payment in trust to Landlord of 50% of the Excess Costs. Any Landlord’s Contractor shall submit monthly statements of Excess Costs incurred to Tenant, which statements shall reflect Tenant’s prorata portion of such additional work statement. Tenant shall be furnished and installed either by Landlord's general contractor or other contractor employed by Landlord at promptly pay Tenant’s prorata portion of such cost and on such terms as shall have been agreed to between Landlord and Tenant. All work statement, with the final payment to be performed due on the Premises which is not within the scope of work shown on Exhibit C and Exhibit D shall be performed by or before Tenant at Tenant's expense. Agents, contractors and employees obtained by Tenant to perform such work shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, and to the administrative supervision of Landlord's general contractor, said supervision at Landlord's expense. Landlord shall allow access to the Premises during construction of the Premises to Tenant's agents, contractors and employees for the purpose of enabling Tenant to prepare the Premises for Tenant's use and occupancy. All such construction work performed by Tenant's agents, contractors or employees shall be accomplished in such a manner as not to unreasonably interfere with or delay the work of Landlord's general contractor in the completion of occupies the Premises. Tenant agrees that in the event Tenant of default of payment thereof, Landlord (in addition to all other remedies) shall have failed the same rights as in the event of default of payment of Rent under this Lease. No fee shall be paid to furnish Landlord with the necessary information to complete the space plans for the Premises by the time hereinabove specified or should supervise Tenant, its agents, contractors or employees otherwise cause delay in Landlord's preparation of the Premises or should ’s Work.
2.03. If there are any changes in the space plans requested Leasehold Improvements caused by Tenant from the work as reflected in the final Plans and approved by Landlord cause delay in Landlord's preparation Specifications, each such change must receive the prior written approval of the PremisesLandlord, thereby delaying Tenant's occupancy which shall not be unreasonably withheld or delayed, and, in the event of any such approved change in the Plans and Specifications, and drawings, Tenant shall, upon completion of the Premises beyond the Scheduled Completion Date and provided that Tenant’s Work, furnish Landlord would have completed the preparation with an accurate “as-built” plan of the Premises Tenant’s Work as constructed, which plans shall be incorporated in to this Exhibit C by the Scheduled Completion Date were it not this reference for Tenant's delay, then Landlord may at its option require Tenant to commence payment of rental on the Scheduled Completion date or on the date on which the Premises would have been Ready for Occupancy (its defined below) as reasonably determined by Landlord if the necessary information had been supplied or if the changes in the all intents and purposes when said plans had not been requested or if Tenant or its agents, contractors or employees had not caused such delayare fully completed.
(c) Landlord 2.04. All design, construction and installation shall complete conform to the tenant improvements requirements of applicable building, plumbing and electrical codes, requirements of governmental laws, including the Americans with Disabilities Act, and the requirements of any authority having jurisdiction over, or with respect to, such work.
2.05. Tenant acknowledges that the Premises shall be Ready for Occupancy (as defined in subparagraph (d) below) by Tenant not later than the Scheduled Completion Date. Notwithstanding the foregoing, the aforesaid date shall be extended for such periods as Landlord is prevented from completing such construction requirements due to governmental restrictions or orders of any governmental authority beyond the reasonable control of Landlord, strikes, labor disputes, lockouts, shortages of material or labor, riots, acts of God, enemy action, delays caused by Tenant, civil commotion, fire, casualty, inclement weather, and the like, or any other causes beyond the reasonable control of Landlord (which events or causes are hereinafter referred to as "force majeure events"). In addition, Landlord may also automatically extend the aforesaid date for a period of sixty (60) days upon giving written notice delivered to Tenant. If Landlord shall not have completed such construction by the aforesaid date, ’s Manager in “as said date may be extended as hereinbefore provided, then Tenant shall have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within such time, to Landlord. If within said thirty-day period Tenant shall not elect to terminate, the time for completion shall be extended for another period of sixty (60) days from the end of the thirty (30) day notice period, and if completion has not been accomplished within said additional sixty (60) day period, Tenant shall again have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within said time, to Landlord. Upon the giving of such notice of termination, the Term of this Lease shall cease and come to an end as if such date were the date originally fixed for the termination hereof, and thereupon there shall be no further liability or obligation upon either party by reason hereof. Landlord shall incur no liability to Tenant for failure to complete construction by the Scheduled Completion Date. Landlord shall use good faith efforts to have all such work of improvement performed promptly and diligently in a first class and workmanlike manneris” condition.
Appears in 1 contract
Samples: Lease Agreement (Sigmatel Inc)
Completion of Premises. The parties acknowledge 2.01. Tenant shall supply all information needed for the preparation of plans and finishes to Landlord's space planner. Landlord's planner shall produce and supply preliminary plans, architectural working drawings, reflected ceiling plan, and a schedule of finishes for all Building Standard and above Building Standard Work. Approval of the Plans by Tenant shall mean that tenant improvements will need to be installed in Tenant has reviewed and understands the Premises Plans, and that tenant improvement work will be constructed the Plans are in accordance complete conformance with Tenant's requirements. Upon Tenant's approval of these Plans, any changes requested by the following terms and conditions:
(a) Tenant shall furnish be performed at Tenant's cost. It is understood and agreed that Landlord in no way warrants the accuracy of the Plans and Landlord shall not have any liability to Tenant, or anyone claiming through Tenant as a result of such plans unless and until Tenant signs the final plans. Tenant shall perform a field verification to independently determine the existing conditions, specifications and dimensions of the Premises.
2.02. As soon as practicable after the execution of this Lease, Landlord shall prepare and deliver to Tenant the Architectural Plans, the MEP Plans, and if structural work is required, the Structural Plans, stamped for permit filing, together with any underlying detailed information Landlord may require in order to evaluate the Plans and/or to determine the cost for the Tenant Work contemplated by the Plans. Landlord and Tenant shall, however, meet prior to such delivery to discuss Tenant's estimate of costs, long lead items, and the schedule for completion of Tenant's Work. After Tenant's receipt of the Plans, Tenant shall notify Landlord in writing on as to whether Tenant approves or before disapproves such Plans. Approval of Plans by Tenant shall mean that Tenant has reviewed and understands the date set forth Plans, and that the Plans are in complete conformance with Tenant's requirements. Upon Landlord's subsequent approval of these Plans, any changes requested by the Basic Lease Information such full Tenant shall be performed at Tenant's cost. After Landlord's approval of the Plans, Landlord will prepare and complete information as will be required for Landlord to complete deliver a statement of the space and construction plans estimated cost for the Premises. Said full and complete information shall includeTenant's Work (i.e. the Tenant's Expenditure Authorization), without limitation, the following details:
(i) Exact location which will consist of telephone and electrical outlets.
(ii) Interior wall finish specifications.
(iii) Detailed plans and specifications of all non-standard construction work to be accomplished within the Premises negotiated proposals received by Landlord's general contractor or other contractor employed by Landlordfor major trades (i.e., MEP and dry wall) and lump-sum bids for finish trades (i.e., millwork), together with a schedule for completion of construction of the Leasehold Improvements. Landlord shall cause such space and construction plans to be prepared within sixty Within two (602) days after Landlord's receipt from Tenant of all of such information required above, and Tenant shall either approve or disapprove such plans within seven (7) working days Business Days after Tenant's receipt of such plans and the cost breakdown of statement and schedule, Tenant will approve or disapprove the tenant improvements, which approval shall not be unreasonably withheldsame. If Tenant disapproves such plansfails to expressly disapprove the cost statement within this two (2) Business Day period, Tenant shall specify its objections in writing and Landlord shall, within a reasonable time thereafter, submit revised plans to Tenant. After Tenant has approved the plans, such plans may thereafter be changed front time to time so long as all changes are approved by both Landlord and Tenant, which approvals shall not be unreasonably withheld.
(b) Landlord shall, at its sole cost and expense, furnish and install within the Premises, substantially in accordance with Exhibit C attached hereto and made a part hereof by this reference, standard building tenant improvements listed on Exhibit D attached hereto and made a part hereof by this reference. Any additional interior improvements, additions or alterations required by Tenant and approved by then Landlord shall be furnished authorized to proceed thereon. If any changes are requested by Tenant during preparation or after completion of the Plans, Tenant will be responsible for all architectural and installed mechanical engineering costs resulting from such changes.
2.03. All work involved in the construction and installation of the Leasehold Improvements shall be carried out by Landlord's Contractor under the sole direction of Landlord, and with respect to all Leasehold Improvements other than a Demising Partition stated in Section 3.01 of this Exhibit C, at Tenant's sole cost and expense. Any Tenant shall cooperate with Landlord, Landlord's Contractor, and Landlord's Designer to promote the efficient and expeditious completion of such work.
2.04. Tenant shall pay Landlord for all installations and engineering, including, but not limited to, such items as supplemental heating and air conditioning equipment, ducts, exhaust fans or vents, humidifiers, special controls or motors, electrical panel boxes, meters, exhaust systems, plumbing, cabinetry, and raised flooring that may be required for a computer room or any similar installations. Landlord's contractor will prepare an estimate of costs for Tenant's approval and Tenant will be required to pay for the additional work shall be furnished and installed either costs required by Landlord's general contractor or other contractor employed by Landlord at such cost and on such terms as shall have been agreed agreement prior to between Landlord and Tenant. All work to be performed on the Premises which is not within the scope commencement of work shown on Exhibit C and Exhibit D shall be performed by Tenant at Tenant's expense. Agents, contractors and employees obtained by Tenant to perform such work shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, and to the administrative supervision of Landlord's general contractor, said supervision at Landlord's expensework. Landlord shall allow access agrees to provide Tenant with an allowance toward the Premises during construction of the Premises to Tenant's agents, contractors and employees for the purpose of enabling Tenant Work equal to prepare the Premises for twenty-eight thousand four hundred forty-eight dollars ($28,448.00) ("Tenant's use and occupancyAllowance"). All such construction work performed Accordingly, the cost of the Tenant's Work for purposes of this Section shall be reduced by Tenant's agents, contractors or employees shall be accomplished in such a manner as not to unreasonably interfere with or delay the work of Landlord's general contractor in the completion of the PremisesAllowance. Tenant agrees that in the event Tenant of default of payment for Tenant's Work, Landlord (in addition to all other remedies) shall have failed to furnish Landlord with the necessary information to complete same rights as in the space plans for the Premises by the time hereinabove specified or should Tenant, its agents, contractors or employees otherwise cause delay in Landlord's preparation event of the Premises or should default of payment of Rent under this Lease.
2.05. If there are any changes in the space Leasehold Improvements caused by Tenant from the work as reflected in the final working drawings, each such change must receive the prior written approval of the Landlord, and, in the event of any such approved change in the working drawings, Landlord shall, upon completion of Tenant's Work, furnish Tenant with an accurate "as drawn" plan of the Tenant's Work as constructed, which plans shall be incorporated into this Exhibit C by this reference for all intents and purposes. Any additional changes made by Tenant after completion of the Plans or during construction, and any additional expenses or cost, arising by reasons of any changes, additions, modifications or alterations requested by Tenant, shall be at the sole cost and expenses of Tenant and approved shall be paid by Tenant to Landlord cause delay prior to the commencement of construction of such changes, additions, modifications, and alterations (subject to Tenant's Allowance).
2.06. Under no circumstances whatsoever will Tenant, or Tenant's authorized representative, ever alter or modify or in any manner disturb any system or installation of the Building, including the Base Building plumbing system, Base Building electrical system, Base Building heating, ventilating, and air conditioning systems, Base Building fire protection and fire alarm systems, Base Building maintenance systems, Base Building structural systems, elevators, and anything located within the central core of the Building (the "Central Building Systems"). Only under Landlord's preparation express written permission and under direct supervision of Landlord or Landlord's authorized representative shall Tenant or Tenant's authorized representative alter or modify or in any manner disturb any system or installation of the Building which is located within the Premises, thereby delaying Tenant's occupancy including electrical, heating, ventilating, and air conditioning systems, and fire protection and alarm system. For the purposes of this Section, "Base Building" shall be defined as that portion of any Building system or component which is within the core and/or common to and/or serves or exists for the benefit of other tenants in the Building.
2.07. All design, construction, and installation shall conform to the requirement of applicable building, plumbing, and electrical codes and the requirements of any authority having jurisdiction over, or with respect to, such work.
2.08. Landlord shall have no obligation to commence installation of any of the Premises beyond the Scheduled Completion Date and provided that Landlord would have completed the preparation of Leasehold Improvements in the Premises until (a) Tenant shall have submitted the Plans and approved the cost for such work as required by the Scheduled Completion Date were it not for Tenant's delay, then Landlord may at its option require Tenant to commence payment of rental on the Scheduled Completion date or on the date on which the Premises would have been Ready for Occupancy Section 2.02 hereof and (its defined below) as reasonably determined by Landlord if the necessary information had been supplied or if the changes in the plans had not been requested or if Tenant or its agents, contractors or employees had not caused such delay.
(cb) Landlord shall complete the tenant improvements and the Premises shall be Ready for Occupancy (as defined have received Tenant's advance payment described in subparagraph (d) below) by Tenant not later than the Scheduled Completion Date. Notwithstanding the foregoing, the aforesaid date shall be extended for such periods as Landlord is prevented from completing such construction requirements due to governmental restrictions or orders of any governmental authority beyond the reasonable control of Landlord, strikes, labor disputes, lockouts, shortages of material or labor, riots, acts of God, enemy action, delays caused by Tenant, civil commotion, fire, casualty, inclement weather, and the like, or any other causes beyond the reasonable control of Landlord (which events or causes are hereinafter referred to as "force majeure events"). In addition, Landlord may also automatically extend the aforesaid date for a period of sixty (60) days upon giving written notice to Tenant. If Landlord shall not have completed such construction by the aforesaid date, as said date may be extended as hereinbefore provided, then Tenant shall have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within such time, to Landlord. If within said thirty-day period Tenant shall not elect to terminate, the time for completion shall be extended for another period of sixty (60) days from the end of the thirty (30) day notice period, and if completion has not been accomplished within said additional sixty (60) day period, Tenant shall again have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within said time, to Landlord. Upon the giving of such notice of termination, the Term of this Lease shall cease and come to an end as if such date were the date originally fixed for the termination hereof, and thereupon there shall be no further liability or obligation upon either party by reason hereof. Landlord shall incur no liability to Tenant for failure to complete construction by the Scheduled Completion Date. Landlord shall use good faith efforts to have all such work of improvement performed promptly and diligently in a first class and workmanlike mannerSection 2.04.
Appears in 1 contract
Samples: Office Lease Agreement (Management Network Group Inc)
Completion of Premises. The parties acknowledge that tenant improvements will need Landlord shall, at its own cost and expense, in a good and workmanlike manner, cause the Premises to be installed in the Premises improved and that tenant improvement work will be constructed completed in accordance with the following terms plans and conditions:
specifications attached as Exhibit A-1, which are mutually agreed upon by Landlord and Tenant (a) Tenant shall furnish to such work being herein called "Landlord's Work"). Landlord in writing on or before reserves the date set forth in the Basic Lease Information such full and complete information as will be required for Landlord to complete the space and construction plans for the Premises. Said full and complete information shall includeright, without limitation, the following details:
however: (i) Exact location to make substitutions of telephone material or components of equivalent grade and electrical outlets.
quality when and if any specified material or component shall not be readily or reasonably available, and (ii) Interior wall finish specifications.
(iii) Detailed plans and specifications to make changes necessitated by conditions met in the course of all non-standard construction work to be accomplished within the Premises by Landlord's general contractor or other contractor employed by Landlord. Landlord shall cause such space and construction plans to be prepared within sixty (60) days after Landlord's receipt from Tenant of all of such information required aboveconstruction, and Tenant shall either approve or disapprove such plans within seven (7) working days after provided that Tenant's receipt approval of such plans and the cost breakdown of the tenant improvements, any substantial change shall first be obtained (which approval shall not be unreasonably withheld. If Tenant disapproves such plans, Tenant shall specify its objections in writing and Landlord shall, within a reasonable time thereafter, submit revised plans to Tenant. After Tenant has approved the plans, such plans may thereafter be changed front time to time withheld or delayed so long as all changes there shall be general conformity with the Final Layout Plans). Tenant shall by notice to Landlord designate a single individual who Tenant agrees shall be available to meet and consult with Landlord at the Premises as Tenant's representative respecting the matters which are approved by both subject to this Section, and who, as between Landlord and Tenant, which approvals shall have the power to legally bind Tenant, in making requests for changes, giving approval of plans or work, giving directions to Landlord or the like, under this Section; and any notice or delivery given to such person personally or at his place of business shall have the same effect as a notice or delivery given to Tenant. If Landlord shall, for any reason (including, without limitation, fail to complete the work, if any, required to be done by Landlord under this Section) or fail to make available to Tenant possession of the Premises on or before the Commencement Date or any other date, Landlord shall not be unreasonably withheld.
subject to any liability for such failure nor for any failure to timely complete any work. Under such circumstances, Tenant's obligations to pay Basic Rent and Additional Rent shall not commence until Landlord makes possession available; and such failure to make available to Tenant possession of the Premises on or before the Commencement Date or any other date or to timely complete any work, shall not in any other way affect the validity or continuance of this Lease, nor the Term or the obligations of Tenant hereunder. Such deferral of Rent shall be Tenant's sole and exclusive right and remedy with respect to any such failure. There shall be no deferral of Rent, however, if any such failure is caused in whole or part by any act or omission of Tenant, its agents, servants, employees or contractors, which has the effect of hindering or delaying Landlord's delivery of possession or the timely completion of any work to be done by Landlord (hereinafter a "Tenant Delay") including, without limitation, (a) any delay which is caused by changes requested by Tenant in the work to be performed by Landlord in readying the Premises for Tenant's occupancy, (b) Landlord shallany delay, at its sole cost and expensecaused by Tenant, furnish and install within in furnishing materials or procuring labor required to be furnished or procured for the completion of the Premises, substantially in accordance with Exhibit C attached hereto and made a or (c) any delay which is caused by any failure by Tenant, without regard to any grace period applicable thereto, promptly to furnish to Landlord any required information, approval or consent or caused by any good faith reluctance on the part hereof by this reference, standard building tenant improvements listed on Exhibit D attached hereto and made a part hereof by this reference. Any additional interior improvements, additions or alterations of Landlord to approve any information required to be submitted by Tenant and approved by Landlord shall be furnished and installed at Tenant's sole cost and expense. Any such additional work shall be furnished and installed either by Landlord's general contractor , or other contractor employed by Landlord at such cost and on such terms as shall have been agreed to between Landlord and Tenant. All work to be performed on the Premises (d) any delay which is not within caused by the scope performance of any work shown on Exhibit C and Exhibit D shall be performed by Tenant at Tenant's expense. Agents, contractors and employees obtained by Tenant to perform such work shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, and to the administrative supervision of Landlord's general contractor, said supervision at Landlord's expense. Landlord shall allow access to the Premises during construction of the Premises to Tenant's agents, contractors and employees for the purpose of enabling Tenant to prepare the Premises for Tenant's use and occupancy. All such construction work performed by Tenant's agents, contractors or employees shall be accomplished activity in such a manner as not to unreasonably interfere with or delay the work of Landlord's general contractor in the completion of the Premises. Tenant agrees that in the event Tenant shall have failed to furnish Landlord with the necessary information to complete the space plans for the Premises by the Tenant or any of its employees, agents or contractors. Tenant also shall pay to Landlord, within 10 days after receipt of demand made from time hereinabove specified or should Tenantto time, its agents, contractors or employees otherwise cause delay a sum equal to any additional cost to Landlord in Landlord's preparation of completing the Premises or should resulting from any changes in the space plans requested by Tenant and approved by Landlord cause delay in Landlord's preparation of the Premises, thereby delaying Tenant's occupancy of the Premises beyond the Scheduled Completion Date and provided that Landlord would have completed the preparation of the Premises by the Scheduled Completion Date were it not for Tenant's delay, then Landlord may at its option require Tenant to commence payment of rental on the Scheduled Completion date or on the date on which the Premises would have been Ready for Occupancy (its defined below) as reasonably determined by Landlord if the necessary information had been supplied or if the changes in the plans had not been requested or if Tenant or its agents, contractors or employees had not caused such delayDelay.
(c) Landlord shall complete the tenant improvements and the Premises shall be Ready for Occupancy (as defined in subparagraph (d) below) by Tenant not later than the Scheduled Completion Date. Notwithstanding the foregoing, the aforesaid date shall be extended for such periods as Landlord is prevented from completing such construction requirements due to governmental restrictions or orders of any governmental authority beyond the reasonable control of Landlord, strikes, labor disputes, lockouts, shortages of material or labor, riots, acts of God, enemy action, delays caused by Tenant, civil commotion, fire, casualty, inclement weather, and the like, or any other causes beyond the reasonable control of Landlord (which events or causes are hereinafter referred to as "force majeure events"). In addition, Landlord may also automatically extend the aforesaid date for a period of sixty (60) days upon giving written notice to Tenant. If Landlord shall not have completed such construction by the aforesaid date, as said date may be extended as hereinbefore provided, then Tenant shall have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within such time, to Landlord. If within said thirty-day period Tenant shall not elect to terminate, the time for completion shall be extended for another period of sixty (60) days from the end of the thirty (30) day notice period, and if completion has not been accomplished within said additional sixty (60) day period, Tenant shall again have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within said time, to Landlord. Upon the giving of such notice of termination, the Term of this Lease shall cease and come to an end as if such date were the date originally fixed for the termination hereof, and thereupon there shall be no further liability or obligation upon either party by reason hereof. Landlord shall incur no liability to Tenant for failure to complete construction by the Scheduled Completion Date. Landlord shall use good faith efforts to have all such work of improvement performed promptly and diligently in a first class and workmanlike manner.
Appears in 1 contract
Samples: Lease Agreement (Multi Link Telecommunications Inc)
Completion of Premises. The parties acknowledge that tenant improvements will need to Premises shall be installed in the Premises and that tenant improvement work will be constructed completed in accordance with the following terms and conditions:
(a) Tenant shall furnish to Landlord in writing on or before the date set forth in the Basic Lease Information such full and complete information as will be required for Landlord to complete the space and construction plans for the Premises. Said full and complete information shall include, without limitation, the following details:
(i) Exact location of telephone and electrical outlets.
(ii) Interior wall finish specifications.
(iii) Detailed plans and specifications of all non-standard construction work to be accomplished within the Premises by Landlord's general contractor or other contractor employed by Landlord. Landlord shall cause such space and construction plans to be prepared within sixty (60) days after Landlord's receipt from Tenant of all of such information required above, and Tenant shall either approve or disapprove such plans within seven (7) working days after Tenant's receipt of such plans and the cost breakdown of the tenant improvements, which approval shall not be unreasonably withheld. If Tenant disapproves such plans, Tenant shall specify its objections in writing and Landlord shall, within a reasonable time thereafter, submit revised plans to Tenant. After Tenant has approved the plans, such plans may thereafter be changed front time to time so long attached hereto as all changes are approved by both Landlord and Tenant, which approvals shall not be unreasonably withheld.
(b) Landlord shall, at its sole cost and expense, furnish and install within the Premises, substantially in accordance with Exhibit C attached hereto and made a part hereof by this reference, standard building tenant improvements listed on Exhibit D attached hereto and made a part hereof by this reference. Any additional interior improvements, additions or alterations required by Tenant and approved by Landlord shall be furnished and installed at Tenant's sole cost and expense. Any such additional work shall be furnished and installed either by Landlord's general contractor or other contractor employed by Landlord at such cost and on such terms as shall have been agreed to between Landlord and Tenant. All work to be performed on (herein called the Premises which is not within the scope of work shown on Exhibit C and Exhibit D shall be performed by Tenant at Tenant's expense. Agents, contractors and employees obtained by Tenant to perform such work shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, and to the administrative supervision of Landlord's general contractor, said supervision "Plans") at Landlord's expense. All necessary construction shall be commenced promptly following Landlord's execution and acceptance of this Lease and Tenant's delivery of the first month's Fixed Basic Rent and the Security Deposit to Landlord and shall allow access to be substantially completed ready for use and occupancy by Tenant on the Premises during construction Target Date set forth in the Preamble; provided, however, that the time for substantial completion of the Premises shall be extended for additional periods of time equal to the time lost by Landlord or Landlord's contractors, subcontractors or suppliers due to strikes or other labor troubles; delays in Tenant's selection of materials, plans or specifications; governmental restrictions and limitations; unavailability or delays in obtaining fuel, labor or materials; war or other national emergency; accidents; floods; defective materials; fire damage or other casualties; adverse weather conditions; the inability to obtain building or use and occupancy permits; or any cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord or Landlord's contractors, subcontractors or suppliers. The Premises shall be deemed substantially completed when Tenant is in receipt of a Certificate of Occupancy or Temporary Certificate of Occupancy (punchlist items excepted). All construction shall be done in a good and workmanlike manner and shall comply at the time of completion with all applicable and lawful laws, ordinances, regulations and orders of the federal, state, county or other governmental authorities having jurisdiction thereof, including the Americans With Disabilities Act. Tenant and its authorized agents, employees and contractors shall have the right, at Tenant's own risk, expense and employees responsibility, at all reasonable times prior to the Target Date as hereinafter defined, to enter the Premises for the purpose of enabling Tenant to prepare the Premises for taking measurements and installing its furnishings and equipment; provided that Tenant's use and occupancy. All such construction work performed by Tenant's agents, contractors or employees in so doing, shall be accomplished in such a manner as not to unreasonably interfere with or delay the work of to be performed hereunder by Landlord's general contractor , and Tenant shall use contractors and workmen compatible with the contractors and workmen engaged in the completion of the Premises. Tenant agrees that in the event work to be performed hereunder by Landlord, and Tenant shall have failed to furnish Landlord with the necessary information to complete the space plans for the Premises by the time hereinabove specified or should Tenant, its agents, contractors or employees otherwise cause delay in obtained Landlord's preparation of the Premises written consent to installing any furnishings or should any changes in the space plans requested by Tenant and approved by equipment. If Landlord cause delay in Landlord's preparation of the Premises, thereby delaying Tenant's occupancy of the Premises beyond the Scheduled Completion Date and provided that Landlord would have completed the preparation shall fail to deliver possession of the Premises by the Scheduled Completion Target Date were it for any reason, whether or not for within Landlord's control, Landlord shall not be subject to any liability to Tenant's delay, then Landlord may at its option require Tenant . No failure to commence payment of rental on the Scheduled Completion date or on the date on which deliver the Premises would have been Ready for Occupancy (its defined below) as reasonably determined by Landlord if the necessary information had been supplied Target Date or if any other date shall in any respect affect the changes in validity or continuance of this Lease of any obligation of Tenant hereunder or extend the plans had not been requested or if Tenant or its agents, contractors or employees had not caused such delay.
(c) Landlord shall complete Term of the tenant improvements and the Premises shall be Ready for Occupancy (as defined in subparagraph (d) below) by Tenant not later than the Scheduled Completion DateLease. Notwithstanding the foregoing, in the aforesaid date event Landlord fails to substantially complete the Premises as set forth above on or before December 31, 1999, then commencing on January 1, 2000 and terminating on the Commencement Date, Landlord shall reimburse Tenant for Tenant's increased rental obligations under its current lease arising solely as a result of Landlord's delay in delivering the Premises to Tenant as provided herein. Tenant shall be extended responsible for all such periods increased rental obligations for any period prior to January 1, 2000 and shall use its good faith efforts to negotiate a reduction in such obligations. In addition to the foregoing, if Landlord fails to substantially complete the Premises as Landlord is prevented from completing such construction requirements due set forth above prior to governmental restrictions or orders of any governmental authority beyond February 29, 2000, (the reasonable control of Landlord, strikes, labor disputes, lockouts, shortages of material or labor, riots, acts of God, enemy action, delays caused by Tenant, civil commotion, fire, casualty, inclement weather, and the like, or any other causes beyond the reasonable control of Landlord (which events or causes are hereinafter referred to as "force majeure eventsOutside Date"). In addition, Landlord may also automatically extend the aforesaid date for a period of sixty (60) days upon giving written notice to Tenant. If Landlord shall not have completed such construction by the aforesaid date, as said date may be extended as hereinbefore provided, then Tenant shall have the right to may terminate this Lease at any time within upon thirty (30) days thereafter by giving prior written notice of to Landlord and upon such termination, within Landlord shall refund to Tenant all sums Tenant paid to Landlord on account of Rent and neither party shall have any further obligations hereunder. Tenant's notice may be given at anytime prior to the Outside Date, but shall only be effective as of the Outside Date or such time, to Landlordlater date as specified in Tenant's notice. If within said thirty-day period Landlord substantially completes the Premises prior to the date of termination as set forth in Tenant's notice, then such notice shall be deemed revoked and the parties hereto shall continue to be bound to the terms of this Lease. Notwithstanding the foregoing, if Tenant shall not elect fails to terminatedeliver to Landlord final approved Plans (as defined above) which are acceptable to Landlord on or before September 17, 1999, then each of the time for completion dates set forth in this Section 3 shall be extended for another period of sixty by one (60) days from the end of the thirty (301) day notice period, and if completion has not been accomplished within said additional sixty for each one (601) day periodof delay beyond September 17, Tenant shall again have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of 1999 until such termination, within said time, Plans are delivered to Landlord. Upon the giving of such notice of termination, the Term of this Lease shall cease and come to an end as if such date were the date originally fixed for the termination hereof, and thereupon there shall be no further liability or obligation upon either party by reason hereof. Landlord shall incur no liability to Tenant for failure to complete construction by the Scheduled Completion Date. Landlord shall use good faith efforts to have all such work of improvement performed promptly and diligently in a first class and workmanlike manner.
Appears in 1 contract
Completion of Premises. The parties acknowledge that tenant improvements will need to be installed in the Premises and that tenant improvement work will be constructed in accordance with the following terms and conditions:
(a) Tenant shall furnish Landlord has agreed to Landlord in writing on or before complete the date Premises as more fully set forth in plans and specifications to be prepared by Landlord and approved by Tenant. In connection with the Basic Lease Information such full and complete information as will be required for Landlord to complete the space and construction plans for completion of the Premises. Said full and complete information , Landlord shall include, without limitation, contribute the following details:
sum of $27.50 per rentable square foot in connection with the installation of: (i) Exact location of telephone and electrical outlets.
suite entrance door; (ii) Interior partitions; interior doors; (iv) ceiling treatment; (v) wall finish specifications.
treatment; (iiivi) Detailed plans window covering treatment; (vii) floor treatment; (viii) light fixtures; (ix) light switches; W electrical wall outlets; (xi) telephone outlets; (xii) sound conditioning; and specifications of all non-standard construction work to be accomplished within the Premises by Landlord's general contractor or (xiii) any other contractor employed by Landlord. Landlord shall cause such space improvements over and construction plans to be prepared within sixty (60) days after Landlord's receipt from Tenant of all of such information required above, and Tenant shall either approve or disapprove such plans within seven (7) working days after Tenant's receipt of such plans and alterations to, the cost breakdown of the tenant improvements, which approval shall not be unreasonably withheld. If Tenant disapproves such plans, Tenant shall specify its objections in writing and Landlord shall, within a reasonable time thereafter, submit revised plans to Tenant. After Tenant has approved the plans, such plans may thereafter be changed front time to time so long as all changes are approved by both Landlord and Tenant, which approvals shall not be unreasonably withheld.
(b) Landlord shall, at its sole cost and expense, furnish and install within the Premises, substantially in accordance with Exhibit C attached hereto and made a part hereof by this reference, standard building tenant improvements listed on Exhibit D attached hereto and made a part hereof by this reference. Any additional interior improvements, additions or alterations required by Tenant and approved by Landlord shall be furnished and installed at Tenant's sole cost and expense. Any such additional work shall be furnished and installed either by Landlord's general contractor or other contractor employed by Landlord at such cost and on such terms as shall have been agreed to between Landlord and Tenant. All work to be performed on the Premises which is not within the scope of work shown on Exhibit C and Exhibit D shall be performed by Tenant at Tenant's expense. Agents, contractors and employees obtained by Tenant to perform such work shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, and to the administrative supervision of Landlord's general contractor, said supervision at Landlord's expense. Landlord shall allow access to the Premises during construction of the Premises to Tenant's agents, contractors and employees for the purpose of enabling Tenant shell necessary to prepare the Premises for Tenant's use and occupancy. All In the event, Tenant does not utilize the entire contribution available from Landlord, the amount not used by Tenant shall be a credit against rent and other charges owed by Tenant under this Lease. In any event, Landlord shall not have any obligation for the repair or replacement of any. portions of the interior of the Premises which are damaged or wear out during the term hereof, regardless of the cause therefore including, but not limited to, carpeting, draperies, window coverings, wall coverings, painting or any of Tenant's Property or betterments in the Premises, except as otherwise specifically set forth in this Lease. Except as otherwise provided in Paragraph 3 of this Lease, the postponement of rent and extension of the Commencement Date as herein provided for such period shall be in full settlement for all claims which Tenant might have. If Tenant wishes to take possession of all or any part of the Premises prior to the date the Premises are Ready for Occupancy, it must first secure the prior written consent of Landlord, and in such event, all terms and provisions of this Lease shall apply. "Ready for Occupancy" as that term is used herein shall mean the date when all major construction work aspects of the Premises to be performed by Tenant's agentsLandlord to the extent set forth in the approved plans and specifications, contractors are completed although minor items are not completed (including, but not limited to, touch-up plastering or employees shall be accomplished in such a manner as repainting which does not to unreasonably interfere with Tenant's ability to carry on its business in the Premises), all common areas and lobbies are finished in accordance with building standards, interior and exterior lighting installed, parking lot and covered parking areas completed and striped and construction equipment and refuse containers used in conjunction with the construction are removed, and HVAC has been tested and fully functional. The certificate of the architect (or delay the work other, rep representative of Landlord's general contractor ) in charge of supervising the completion of the Premises. Tenant agrees that in Premises and the event Tenant issuance of a temporary certificate of occupancy shall have failed to furnish Landlord with the necessary information to complete the space plans for the Premises by the time hereinabove specified or should Tenant, its agents, contractors or employees otherwise cause delay in Landlord's preparation of the Premises or should any changes in the space plans requested by Tenant and approved by Landlord cause delay in Landlord's preparation of the Premises, thereby delaying Tenant's occupancy of the Premises beyond the Scheduled Completion Date and provided that Landlord would have completed the preparation of the Premises by the Scheduled Completion Date were it not for Tenant's delay, then Landlord may at its option require Tenant to commence payment of rental on the Scheduled Completion date or on control the date on upon which the Premises would have been are Ready for Occupancy (its defined below) as reasonably determined by Landlord if the necessary information had been supplied or if the changes in the plans had not been requested or if Tenant or its agents, contractors or employees had not caused such delayOccupancy.
(c) Landlord shall complete the tenant improvements and the Premises shall be Ready for Occupancy (as defined in subparagraph (d) below) by Tenant not later than the Scheduled Completion Date. Notwithstanding the foregoing, the aforesaid date shall be extended for such periods as Landlord is prevented from completing such construction requirements due to governmental restrictions or orders of any governmental authority beyond the reasonable control of Landlord, strikes, labor disputes, lockouts, shortages of material or labor, riots, acts of God, enemy action, delays caused by Tenant, civil commotion, fire, casualty, inclement weather, and the like, or any other causes beyond the reasonable control of Landlord (which events or causes are hereinafter referred to as "force majeure events"). In addition, Landlord may also automatically extend the aforesaid date for a period of sixty (60) days upon giving written notice to Tenant. If Landlord shall not have completed such construction by the aforesaid date, as said date may be extended as hereinbefore provided, then Tenant shall have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within such time, to Landlord. If within said thirty-day period Tenant shall not elect to terminate, the time for completion shall be extended for another period of sixty (60) days from the end of the thirty (30) day notice period, and if completion has not been accomplished within said additional sixty (60) day period, Tenant shall again have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within said time, to Landlord. Upon the giving of such notice of termination, the Term of this Lease shall cease and come to an end as if such date were the date originally fixed for the termination hereof, and thereupon there shall be no further liability or obligation upon either party by reason hereof. Landlord shall incur no liability to Tenant for failure to complete construction by the Scheduled Completion Date. Landlord shall use good faith efforts to have all such work of improvement performed promptly and diligently in a first class and workmanlike manner.
Appears in 1 contract
Samples: Office Building Lease (Michigan Heritage Bancorp Inc)
Completion of Premises. The parties acknowledge that tenant improvements will need to be installed in the Premises and that tenant improvement work will be constructed in accordance with the following terms and conditions:
(a) Landlord and Tenant shall furnish have yet to Landlord in writing agree on or before which of the date parties is to be responsible for construction of the tenant improvements to the Premises as more fully set forth in the Basic Lease Information such full work letter ("Work Letter") attached hereto and complete information incorporated herein as will EXHIBIT D.
(1) Should Tenant be required for Landlord to complete the space and construction plans for the Premises. Said full and complete information shall includeContracting Party, without limitationas defined in Exhibit D, the following details:"Commencement Date" as used herein, and the obligation of Tenant to commence the payment of rent and additional rent hereunder, shall be March 1, 2000, subject only to the deferral of such date by the number of days, if any, which Landlord fails or refuses to approve plans, specifications, contractors, bonds, insurance coverages, or the like, beyond the number of day alloted for such approvals in Exhibit D.
(i2) Exact location Should Landlord be the Contracting Party, as defined in Exhibit D, the "Commencement Date" as used herein, and the obligation of telephone Tenant to commence the payment of rent and electrical outlets.
(ii) Interior wall finish specifications.
(iii) Detailed additional rent hereunder, shall be March 1, 2000, subject only to the deferral of such date as a result of delays in construction of the tenant improvements that were within Landlord's control. Matters within Landlord's control shall include delays caused by the contractor constructing such improvements, but shall not include delays resulting from protracted negotiations of the terms of this Lease or delays caused by Tenant's review of plans and specifications or in negotiating costs, or delays by the City of all non-standard construction work to Boulder in issuing permits. If there are delays within Landlord's control, the Commencement Date shall be accomplished within deferred beyond March 1, 2000, by the Premises number of days of delay caused by Landlord's general contractor or other contractor employed by Landlord. Landlord shall cause such space and construction plans to be prepared within sixty (60) days after Landlord's receipt from Tenant of all of such information required above, and Tenant shall either approve or disapprove such plans within seven (7) working days after Tenant's receipt of such plans and the cost breakdown of the tenant improvements, which approval shall not be unreasonably withheld. If Tenant disapproves such plans, Tenant shall specify its objections in writing and Landlord shall, within a reasonable time thereafter, submit revised plans to Tenant. After Tenant has approved the plans, such plans may thereafter be changed front time to time so long as all changes are approved by both Landlord and Tenant, which approvals shall not be unreasonably withheld.
(b) Landlord shallOther than as set forth in the Work Letter, at its sole cost and expense, furnish and install within the Premises, substantially in accordance with Exhibit C attached hereto and made a part hereof by this reference, standard building tenant improvements listed on Exhibit D attached hereto and made a part hereof by this reference. Any additional interior improvements, additions or alterations required by Tenant and approved by Landlord shall be furnished and installed at Tenant's sole cost and expense. Any such additional work shall be furnished and installed either by Landlord's general contractor or other contractor employed by Landlord at such cost and on such terms as shall have been agreed to between Landlord and Tenant. All work to be performed on the Premises which is not within the scope of work shown on Exhibit C and Exhibit D shall be performed by Tenant at Tenant's expense. Agents, contractors and employees obtained by Tenant to perform such work shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, and to the administrative supervision of Landlord's general contractor, said supervision at Landlord's expense. Landlord shall allow access to the Premises during construction of the Premises to Tenant's agents, contractors and employees no obligation for the purpose of enabling Tenant to prepare the Premises for Tenant's use and occupancy. All such construction work performed by Tenant's agents, contractors or employees shall be accomplished in such a manner as not to unreasonably interfere with or delay the work of Landlord's general contractor in the completion of the Premises. Tenant agrees that in the event , and Tenant shall have failed to furnish Landlord with the necessary information to complete the space plans for accept the Premises by the time hereinabove specified or should Tenant, in its agents, contractors or employees otherwise cause delay in Landlord's preparation of the Premises or should any changes in the space plans requested by Tenant and approved by Landlord cause delay in Landlord's preparation of the Premises, thereby delaying Tenant's occupancy of the Premises beyond the Scheduled Completion Date and provided that Landlord would have completed the preparation of the Premises by the Scheduled Completion Date were it not for Tenant's delay, then Landlord may at its option require Tenant to commence payment of rental "as is" condition on the Scheduled Completion date or on the date on which the Premises would have been Ready for Occupancy (its defined below) as reasonably determined by Landlord if the necessary information had been supplied or if the changes in the plans had not been requested or if Tenant or its agents, contractors or employees had not caused such delayCommencement Date.
(c) Landlord shall complete Subsequent to the tenant improvements and the Premises shall be Ready for Occupancy (as defined in subparagraph (d) below) by Tenant not later than the Scheduled Completion Commencement Date. Notwithstanding the foregoing, the aforesaid date shall be extended for such periods as Landlord is prevented from completing such construction requirements due to governmental restrictions or orders of any governmental authority beyond the reasonable control of Landlord, strikes, labor disputes, lockouts, shortages of material or labor, riots, acts of God, enemy action, delays caused by Tenant, civil commotion, fire, casualty, inclement weather, and the like, or any other causes beyond the reasonable control of Landlord (which events or causes are hereinafter referred to as "force majeure events"). In addition, Landlord may also automatically extend the aforesaid date for a period of sixty (60) days upon giving written notice to Tenant. If Landlord shall not have completed such construction by any obligation for the aforesaid date, as said date may be extended as hereinbefore provided, then Tenant shall have the right to terminate this Lease at repair or replacement of any time within thirty (30) days thereafter by giving written notice of such termination, within such time, to Landlord. If within said thirty-day period Tenant shall not elect to terminate, the time for completion shall be extended for another period of sixty (60) days from the end portions of the thirty interior of the Premises, including, but not limited to, carpeting, draperies, window coverings, wall coverings or painting, which are damaged or wear out during the term hereof, regardless of the cause therefor, except as may otherwise be specifically set forth in this Lease.
(30d) day notice periodIf Landlord is the Contracting Party, and if completion Tenant wishes to complete improvements to the interior of the Premises prior to the Commencement Date, Tenant may do so, at Tenant's sole risk and with no obligation to pay rent provided that (i) Tenant has delivered to Landlord written evidence that Tenant's insurance obligations under Paragraph 14 hereof are then met, (ii) such entry and work do not been accomplished within said additional sixty unreasonably interfere in any way with the performance of Landlord's work or other workers in and about the Building, and (60iii) day periodsuch entry and work comply in all respects with the provisions of this Lease. At any time during such period of early entry, if Landlord notifies Tenant that Tenant's entry or work is interfering with or delaying the performance of work to be performed by Landlord or other workers in and about the Building, or causing any disruption whatsoever, Tenant shall again have forthwith discontinue any further work and shall vacate the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within said time, to Landlord. Upon the giving of such notice of termination, the Term of this Lease shall cease and come to an end as if such date were the date originally fixed for the termination hereofPremises, and thereupon there shall be no further liability cause its workmen or obligation upon either party by reason hereof. Landlord shall incur no liability contractors to Tenant for failure to complete construction by remove therefrom, any equipment, materials or installations which are the Scheduled Completion Date. Landlord shall use good faith efforts to have all such work subject of improvement performed promptly and diligently in a first class and workmanlike mannerLandlord's notice.
Appears in 1 contract
Samples: Annual Report
Completion of Premises. Landlord shall pay for Tenant’s tenant improvements up to Ten Dollars ($10.00) per rentable square foot in the Premises. The contract for those improvements shall be subject to Tenant’s approval, which shall not unreasonably be withheld, delayed or conditioned. If Tenant does not approve (or give written reasons for its disapproval of) the contract within three (3) business days after Landlord delivers it to Tenant, Tenant agrees that the Commencement Date shall be delayed one (1) day for each day thereafter that Tenant delays its approval of the contract. The parties acknowledge and agree that no costs for tenant improvements will need shall be charged to be installed in the Premises and that tenant improvement work will be constructed in accordance with the following terms and conditions:
(a) Tenant shall furnish to Landlord in writing on or before the date set forth in the Basic Lease Information such full and complete information as will be required for Landlord to complete the space and construction plans for the Premises. Said full and complete information shall include, without limitation, the following details:
(i) Exact location of telephone and electrical outlets.
(ii) Interior wall finish specifications.
(iii) Detailed plans and specifications of all non-standard construction work to be accomplished within the Premises by Landlord's general contractor or other contractor employed by Landlord. Landlord shall cause such space and construction plans to be prepared within sixty (60) days after Landlord's receipt from Tenant of all of such information required above, and Tenant shall either approve or disapprove such plans within seven (7) working days after Tenant's receipt of such plans and the cost breakdown of the tenant improvements, which approval shall not be unreasonably withheld. If Tenant disapproves such plans, Tenant shall specify its objections in writing and Landlord shall, within a reasonable time thereafter, submit revised plans to Tenant. After Tenant has approved the plans, such plans may thereafter be changed front time to time so long as all changes are approved by unless both Landlord and TenantTenant approve in writing any such charge, which approvals shall not be unreasonably withheld.
(b) Landlord shall, at its sole cost and expense, furnish and install within the Premises, substantially in accordance with Exhibit C attached hereto and made a part hereof by this reference, standard building tenant improvements listed on Exhibit D attached hereto and made a part hereof by this referencewithheld or delayed. Any additional interior improvements, additions or alterations required by Tenant and approved by Landlord shall be furnished and installed at Tenant's ’s sole cost and expense. Any such additional work which is normally furnished and installed by the construction trades shall be furnished and installed either by Landlord's ’s general contractor or other contractor employed by Landlord at such cost and on such terms as shall have been agreed to between Landlord and Tenant. In order for Landlord to prepare the necessary construction plans required to accomplish the Completion of the Premises, including the building standard tenant improvements hereinabove described, as well as any additional construction work required by Tenant, Tenant shall, within ten (10) days following the execution of this Lease, furnish to Landlord in writing such full and complete information as will be required to complete said construction plans. Said full and complete information shall include, without limitation, the following details:
(a) Exact location of telephone and electrical outlets.
(b) Interior wall finish specifications.
(c) Detailed plans and specifications of all non-standard construction work to be accomplished within the Premises by Landlord’s general contractor or other contractor employed by Landlord. All work to be performed on the Premises which is not within the scope of work shown on Exhibit C normally performed by the construction trades, such as the furnishing and Exhibit D installing of furniture, telephones, office equipment, etc., shall be performed furnished and installed by Tenant at Tenant's ’s expense. Agents, contractors and employees obtained by Tenant to perform accomplish such work non-construction installations shall be subject to Landlord's approval, which ’s approval shall not be unreasonably withheld, and to the administrative supervision of Landlord's ’s general contractor, said supervision at Landlord's expense. Landlord shall allow access to the Premises during the construction of the Premises during the last two weeks preceding commencement of the Lease Term to Tenant's ’s agents, contractors and employees for the purpose of enabling Tenant to prepare the Premises for Tenant's ’s use and occupancy. All such non-construction work performed by Tenant's ’s agents, contractors or employees shall be accomplished in such a manner as not to interfere unreasonably interfere with or delay the work of Landlord's ’s general contractor in the completion of the Premises. Tenant agrees that in the event Tenant shall have failed by the time hereinabove specified to furnish Landlord with the necessary information to complete the space plans for the Premises by the time hereinabove specified or should Tenant, its agents, contractors or employees otherwise cause delay in Landlord's preparation of the Premises or should any changes in the space plans requested by Tenant and approved by Landlord cause delay in Landlord's ’s preparation of the Premises, thereby delaying Tenant's ’s occupancy of the Premises beyond the Scheduled Completion Date and provided that Landlord would have completed the preparation of the Premises by the Scheduled Completion Date were it not for Tenant's delayCommencement Date, then Landlord may at its option require Tenant to commence payment of rental on the Scheduled Completion date or on the date on which the Premises would have been Ready for Occupancy (its defined below) as reasonably determined by Landlord if the necessary information had been supplied or if the changes in the plans had not been requested or if Tenant or its agents, contractors or employees had not caused such delay.
(c) Landlord shall complete the tenant improvements and the Premises shall be Ready for Occupancy (as defined in subparagraph (d) below) by Tenant not later than the Scheduled Completion Date. Notwithstanding the foregoing, the aforesaid date shall be extended for such periods as Landlord is prevented from completing such construction requirements due to governmental restrictions or orders of any governmental authority beyond the reasonable control of Landlord, strikes, labor disputes, lockouts, shortages of material or labor, riots, acts of God, enemy action, delays caused by Tenant, civil commotion, fire, casualty, inclement weather, and the like, or any other causes beyond the reasonable control of Landlord (which events or causes are hereinafter referred to as "force majeure events"). In addition, Landlord may also automatically extend the aforesaid date for a period of sixty (60) days upon giving written notice to Tenant. If Landlord shall not have completed such construction by the aforesaid date, as said date may be extended as hereinbefore provided, then Tenant shall have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within such time, to Landlord. If within said thirty-day period Tenant shall not elect to terminate, the time for completion shall be extended for another period of sixty (60) days from the end stated Commencement Date of the thirty (30) day notice period, and if completion has not been accomplished within said additional sixty (60) day period, Tenant shall again have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within said time, to Landlord. Upon the giving of such notice of termination, the Term of this Lease shall cease and come to an end as if such date were the date originally fixed for the termination hereof, and thereupon there shall be no further liability or obligation upon either party by reason hereof. Landlord shall incur no liability to Tenant for failure to complete construction by the Scheduled Completion Date. Landlord shall use good faith efforts to have all such work of improvement performed promptly and diligently in a first class and workmanlike mannerLease.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Poore Brothers Inc)
Completion of Premises. The parties acknowledge that tenant improvements will need Subject to be installed in Article 23.8, the Premises Landlord covenants and that tenant improvement agrees to complete the building and install the work will be constructed and material in accordance with plans and specifications attached hereto as Schedule “B”, including items 2, 3, 5, 6 and 7 on the following terms revised requirements as shown on Schedule “C” (items 1 and conditions:
(a4 being the responsibility of the Tenant) prior to the 1st day of May, 2001, or upon written notice by the Landlord to the Tenant shall furnish to Landlord in writing on or before the date set forth 31st day of March, 2001, on the 1st day of June, 2001. The Landlord agrees to complete the work in a good and workmanlike manner and to have the Basic Lease Information such full and complete information as will be required for same completed forthwith. Provided that if, due to the failure of the Landlord to complete construction or to make available the space services which the Landlord is hereby obligated to furnish, the premises or any part thereof are not ready for occupancy on the 1st day of May, 2001, or the 1st day of June, 2001, as hereinbefore provided, no part of the rent, or only a proportionate part thereof, if the Tenant shall occupy a part of the premises, shall be payable for a period before the date when the entire premises are ready for occupancy and construction plans the full rent shall accrue only after such last mentioned date. The Tenant hereby agrees to accept such abatement in rent together with the payment by the Landlord to the Tenant of an amount equal to the gross rent payable by the Tenant of the premises presently occupied at 000 Xxxxxx Xxxxxx, Xxxxxxxx, Xxxxxxx, for the Premisesperiod of delay calculated from the 1st day of June, 2001. Said full In the event the occupancy date is delayed beyond the 1st day of July, 2001, the Tenant may at its option, terminate this lease and complete information the deposit shall includebe returned to the Tenant, without limitation, the following details:
(i) Exact location of telephone and electrical outlets.
(ii) Interior wall finish specifications.
(iii) Detailed plans and specifications of all non-standard construction work to be accomplished within the Premises by Landlord's general contractor liability for costs or other contractor employed by Landlorddamages. Landlord shall cause such space and construction plans to be prepared within sixty (60) days after Landlord's receipt from Tenant of all of such information required above, and Tenant shall either approve or disapprove such plans within seven (7) working days after Tenant's receipt of such plans and the cost breakdown The decision of the tenant improvements, which approval consultant shall be final and binding upon the parties hereto as to whether or not be unreasonably withheld. If Tenant disapproves such plans, Tenant shall specify its objections in writing and Landlord shall, within a reasonable time thereafter, submit revised plans to Tenant. After Tenant has approved the plans, such plans may thereafter be changed front time to time so long as all changes premises are approved ready for occupancy by both Landlord and Tenant, which approvals shall not be unreasonably withheld.
(b) Landlord shall, at its sole cost and expense, furnish and install within the Premises, substantially in accordance with Exhibit C attached hereto and made a part hereof by this reference, standard building tenant improvements listed on Exhibit D attached hereto and made a part hereof by this reference. Any additional interior improvements, additions or alterations required by Tenant and approved by Landlord shall be furnished and installed at Tenant's sole cost and expense. Any such additional work shall be furnished and installed either by Landlord's general contractor or other contractor employed by Landlord at such cost and on such terms as shall have been agreed to between Landlord and Tenant. All work to be performed on the Premises which is not within the scope of work shown on Exhibit C and Exhibit D shall be performed by Tenant at Tenant's expense. Agents, contractors and employees obtained by Tenant to perform such work shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, and to the administrative supervision of Landlord's general contractor, said supervision at Landlord's expense. Landlord shall allow access extent to the Premises during construction of the Premises to Tenant's agents, contractors and employees for the purpose of enabling Tenant to prepare the Premises for Tenant's use and occupancy. All such construction work performed by Tenant's agents, contractors or employees shall be accomplished which any delay in such a manner as not to unreasonably interfere with or delay the work of Landlord's general contractor in the completion of the Premises. Tenant agrees that premises or in the event Tenant shall have failed delivery of vacant possession is due to furnish Landlord with the necessary information to complete the space plans for the Premises by the time hereinabove specified any act or should Tenant, its agents, contractors or employees otherwise cause delay in Landlord's preparation omission of the Premises or should any changes in the space plans requested by Tenant and approved by Landlord cause delay in Landlord's preparation of the Premises, thereby delaying Tenant's occupancy of the Premises beyond the Scheduled Completion Date and provided that Landlord would have completed the preparation of the Premises by the Scheduled Completion Date were it not for Tenant's delay, then Landlord may at its option require Tenant to commence payment of rental on the Scheduled Completion date or on the date on which the Premises would have been Ready for Occupancy (its defined below) as reasonably determined by Landlord if the necessary information had been supplied or if the changes in the plans had not been requested or if Tenant or its agents, contractors servants, or employees had not caused such delay.
(c) contractors. The Tenant shall, promptly on the request of the Landlord, execute an acknowledgment of the date on which complete and vacant possession of the premises is delivered to the Tenant. PROVIDED FURTHER, however, that when the Landlord shall complete has completed construction of the tenant improvements premises and made available the Premises shall be Ready for Occupancy (as defined in subparagraph (d) below) by Tenant not later than the Scheduled Completion Date. Notwithstanding the foregoingaforesaid services, the aforesaid date shall be extended for such periods as Landlord is prevented from completing such construction requirements due to governmental restrictions or orders of any governmental authority beyond the reasonable control of Landlord, strikes, labor disputes, lockouts, shortages of material or labor, riots, acts of God, enemy action, delays caused by Tenant, civil commotion, fire, casualty, inclement weather, and the like, or any other causes beyond the reasonable control of Landlord (which events or causes are hereinafter referred to as "force majeure events"). In addition, Landlord may also automatically extend the aforesaid date for a period of sixty (60) days upon giving written notice to Tenant. If Landlord shall not have completed such construction by the aforesaid date, as said date may be extended as hereinbefore provided, then Tenant shall have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within such time, to Landlord. If within said thirty-day period Tenant shall not elect be entitled to terminate, any abatement of rent for any delay in occupancy due to the time for completion shall be extended for another period of sixty (60) days from the end of the thirty (30) day notice period, and if completion has not been accomplished within said additional sixty (60) day period, Tenant shall again have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within said time, to Landlord. Upon the giving of such notice of termination, the Term of this Lease shall cease and come to an end as if such date were the date originally fixed for the termination hereof, and thereupon there shall be no further liability or obligation upon either party by reason hereof. Landlord shall incur no liability to Tenant for Tenant’s failure to complete construction by the Scheduled Completion Date. Landlord shall use good faith efforts to have all such installation and other work of improvement performed promptly and diligently in a first class and workmanlike mannerrequired for its purposes.
Appears in 1 contract
Samples: Lease (Hyco International, Inc.)
Completion of Premises. The parties acknowledge that tenant improvements will need to be installed in Building and the Premises and that tenant improvement work will shall be constructed completed in accordance with the Work Letter attached hereto as Exhibit C (herein called the “Work Letter”) at Landlord’s expense. All necessary work shall be commenced promptly following terms Landlord’s execution of this Lease and shall be substantially completed on the Target Date set forth in the Preamble; provided, however, that the time for substantial completion of the Building and the Premises shall be extended for additional periods of time equal to the time lost by Landlord or Landlord’s contractors, subcontractors or suppliers which is beyond such party’s reasonable control due to strikes or other labor troubles, governmental restrictions and limitations, unavailability or delays in obtaining fuel, labor or materials, war or other national emergency, accidents, floods, defective materials, fire damage or other casualties, adverse weather conditions:
, the inability to obtain building or use and occupancy permits, or any cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord or Landlord’s contractors, subcontractors or suppliers (a“Force Majeure”); and Tenant Delay (as defined in Exhibit C). The Building and the Premises shall be deemed “substantially completed” when (i) all of the work and installations required to improve the Building and Premises as delineated in the Work Letter (“Landlord Work”) are completed in conformity with such Work Letter as determined by Tenant’s Architect (as defined in the Work Letter) (subject, in the case of the Premises Work (as defined in Exhibit C) to minor dimensional variations due to construction being carried out within an existing structure and “punch list” items (as defined in the Work Letter, which shall be completed within thirty(30) days thereafter), and the HVAC (and all building utilities) shall be in good working order and be functioning in accordance with operating standards described in the Lease or in the Work Letter but in all events and in all aspects necessary to permit Tenant to occupy and fully utilize the Building and the Premises for its intended use, (ii) Tenant has received from Landlord all permits required for lawful use and occupancy of the Premises by the Tenant, and (iii) delivery to Tenant of a permanent or temporary Certificate of Occupancy for the Premises. No failure to deliver the Premises by the Target Date shall furnish in any respect affect the validity or continuance of this Lease or any obligation of Tenant hereunder or extend the Term of the Lease provided, however, that the Commencement Date shall be delayed until such time as the Premises and the Building are substantially completed in accordance with this Section 3. In the event Landlord fails to Landlord in writing substantially complete the Premises on or before the date set forth in the Basic Lease Information such full and complete information as will be required for Landlord to complete the space and construction plans for the Premises. Said full and complete information shall include, without limitation, the following details:
(i) Exact location of telephone and electrical outlets.
(ii) Interior wall finish specifications.
(iii) Detailed plans and specifications of all non-standard construction work to be accomplished within the Premises by Landlord's general contractor or other contractor employed by Landlord. Landlord shall cause such space and construction plans to be prepared within which is sixty (60) days after Landlord's receipt from Tenant of all of such information required above, and Tenant shall either approve or disapprove such plans within seven (7) working days after Tenant's receipt of such plans and the cost breakdown of the tenant improvements, which approval shall not be unreasonably withheld. If Tenant disapproves such plans, Tenant shall specify its objections in writing and Landlord shall, within a reasonable time thereafter, submit revised plans to Tenant. After Tenant has approved the plans, such plans may thereafter be changed front time to time so long as all changes are approved by both Landlord and Tenant, which approvals shall not be unreasonably withheld.
(b) Landlord shall, at its sole cost and expense, furnish and install within the Premises, substantially in accordance with Exhibit C attached hereto and made a part hereof by this reference, standard building tenant improvements listed on Exhibit D attached hereto and made a part hereof by this reference. Any additional interior improvements, additions or alterations required by Tenant and approved by Landlord shall be furnished and installed at Tenant's sole cost and expense. Any such additional work shall be furnished and installed either by Landlord's general contractor or other contractor employed by Landlord at such cost and on such terms as shall have been agreed to between Landlord and Tenant. All work to be performed on the Premises which is not within the scope of work shown on Exhibit C and Exhibit D shall be performed by Tenant at Tenant's expense. Agents, contractors and employees obtained by Tenant to perform such work shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, and to the administrative supervision of Landlord's general contractor, said supervision at Landlord's expense. Landlord shall allow access to the Premises during construction of the Premises to Tenant's agents, contractors and employees for the purpose of enabling Tenant to prepare the Premises for Tenant's use and occupancy. All such construction work performed by Tenant's agents, contractors or employees shall be accomplished in such a manner as not to unreasonably interfere with or delay the work of Landlord's general contractor in the completion of the Premises. Tenant agrees that in the event Tenant shall have failed to furnish Landlord with the necessary information to complete the space plans for the Premises by the time hereinabove specified or should Tenant, its agents, contractors or employees otherwise cause delay in Landlord's preparation of the Premises or should any changes in the space plans requested by Tenant and approved by Landlord cause delay in Landlord's preparation of the Premises, thereby delaying Tenant's occupancy of the Premises beyond the Scheduled Completion Date and provided that Landlord would have completed the preparation of the Premises by the Scheduled Completion Date were it not for Tenant's delayTarget Date, then Landlord Tenant may at its option require Tenant elect to commence payment of rental on the Scheduled Completion date terminate this Lease or on the date on which the Premises would have been Ready for Occupancy (its defined below) as reasonably determined by Landlord if the necessary information had been supplied or if the changes in the plans had not been requested or if Tenant or its agents, contractors or employees had not caused such delay.
(c) Landlord shall complete the tenant improvements and the Premises shall be Ready for Occupancy (as defined in subparagraph (d) below) by Tenant not later than the Scheduled Completion Date. Notwithstanding the foregoing, the aforesaid date shall be extended for such periods as Landlord is prevented from completing such construction requirements due to governmental restrictions or orders of any governmental authority beyond the reasonable control of Landlord, strikes, labor disputes, lockouts, shortages of material or labor, riots, acts of God, enemy action, delays caused by Tenant, civil commotion, fire, casualty, inclement weather, and the like, or any other causes beyond the reasonable control of Landlord (which events or causes are hereinafter referred to as "force majeure events"). In addition, Landlord may also automatically extend the aforesaid date Target Date for a period of an additional sixty (60) days upon giving by written notice to Tenant. If Landlord shall not have completed such construction by the aforesaid date, as said date may be extended as hereinbefore provided, then Tenant shall have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within such time, to Landlord. If within said thirty-day period Tenant elects to extend the Target Date, Tenant shall not elect be entitled to terminate, the time for completion shall be extended for another period of sixty one (60) days from the end of the thirty (301) day notice period, and if completion has not been accomplished of Rent abatement for each one (1) day of delay until the Premises are substantially completed. In the event the Landlord fails to substantially complete the Premises within said the additional sixty (60) day period, then Tenant may terminate this Lease upon three (3) days prior written notice to Landlord. Once Landlord substantially completes the Premises, the Tenant shall again have the no longer be entitled to exercise its right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within said time, to Landlord. Upon the giving of such notice of termination, the Term of as set forth in this Lease shall cease and come to an end as if such date were the date originally fixed for the termination hereof, and thereupon there shall be no further liability or obligation upon either party by reason hereof. Landlord shall incur no liability to Tenant for failure to complete construction by the Scheduled Completion Date. Landlord shall use good faith efforts to have all such work of improvement performed promptly and diligently in a first class and workmanlike mannerSection 3.
Appears in 1 contract
Samples: Office Space Lease (Icon PLC /Adr/)
Completion of Premises. A. The parties acknowledge that tenant improvements will need Premises shall be substantially completed, as to be installed in the Premises and that tenant improvement work will be constructed in accordance with the following terms and conditions:
(a) Tenant shall furnish to Landlord in writing on or before the date set forth in the Basic Lease Information such full and complete information as will be required for Landlord to complete the space and construction plans for any floor of the Premises. Said full , and complete information Substantial Completion shall includehave occurred, without limitationas to any floor of the Premises, upon the following detailsfollowing:
(i) Exact location Tenant Improvements shall have been completed as to the floor of telephone and electrical outlets.the Premises in question, in substantial compliance with the Construction Contract, except for Punch List Items; and
(ii) Interior wall finish specifications.A certificate of occupancy for the floor of the Premises in question has been obtained;
(iii) Detailed plans All access and specifications of all non-standard construction work facilities necessary to be accomplished within the Premises by Landlord's general contractor or other contractor employed by Landlord. Landlord shall cause such space and construction plans to be prepared within sixty (60) days after Landlord's receipt from Tenant of all of such information required above, and Tenant shall either approve or disapprove such plans within seven (7) working days after Tenant's receipt of such plans and the cost breakdown of the tenant improvements, which approval shall not be unreasonably withheld. If Tenant disapproves such plans, Tenant shall specify its objections in writing and Landlord shall, within a reasonable time thereafter, submit revised plans to Tenant. After Tenant has approved the plans, such plans may thereafter be changed front time to time so long as all changes are approved by both Landlord and Tenant, which approvals shall not be unreasonably withheld.
(b) Landlord shall, at its sole cost and expense, furnish and install within the Premises, substantially in accordance with Exhibit C attached hereto and made a part hereof by this reference, standard building tenant improvements listed on Exhibit D attached hereto and made a part hereof by this reference. Any additional interior improvements, additions or alterations required by Tenant and approved by Landlord shall be furnished and installed at Tenant's sole cost and expense. Any such additional work shall be furnished and installed either by Landlord's general contractor or other contractor employed by Landlord at such cost and on such terms as shall have been agreed to between Landlord and Tenant. All work to be performed on the Premises which is not within the scope of work shown on Exhibit C and Exhibit D shall be performed by Tenant at Tenant's expense. Agents, contractors and employees obtained by Tenant to perform such work shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, and to the administrative supervision of Landlord's general contractor, said supervision at Landlord's expense. Landlord shall allow access to the Premises during construction of the Premises to Tenant's agents, contractors and employees for the purpose of enabling Tenant to prepare the Premises for Tenant's use and occupancy. All such construction work performed by Tenant's agents, contractors or employees shall be accomplished in such a manner as not to unreasonably interfere with or delay the work of Landlord's general contractor in the completion of the Premises. Tenant agrees that in the event Tenant shall have failed to furnish Landlord with the necessary information to complete the space plans for the Premises by the time hereinabove specified or should Tenant, its agents, contractors or employees otherwise cause delay in Landlord's preparation of the Premises or should any changes in the space plans requested by Tenant and approved by Landlord cause delay in Landlord's preparation of the Premises, thereby delaying Tenant's occupancy of the Premises beyond the Scheduled Completion Date and provided that Landlord would have completed the preparation floor of the Premises by in question have been installed and are in good operating order. provided however, that, if and to the Scheduled Completion Date were it not extent compliance with any of the conditions set forth in clauses (i), (ii) and (iii) above would have occurred earlier but for Tenant's delayany days of Landlord Delay, then Landlord may at its option require Tenant compliance with such condition shall be deemed to commence payment of rental on the Scheduled Completion date or have occurred on the date on which it would have occurred but for Landlord Delay.
B. Tenant may take and occupy the Premises would have been Ready over a time period. A Commencement Date Agreement (with an Acceptance of Premises) in the form attached hereto as Exhibit "C-3", and by this reference incorporated herein, ------------- modified as appropriate for Occupancy (its defined below) as reasonably determined the floors of the Premises in question, shall be executed by Landlord if and Tenant at the necessary information had been supplied or if time of occupancy of any floor by Tenant hereunder. Tenant shall be deemed to have taken possession of a part of the changes in the plans had not been requested or if Premises for use and occupancy (herein called actual possession) when any personnel of Tenant or its agents, contractors of anyone claiming under or employees had not caused through Tenant shall first occupy such delay.
(c) Landlord shall complete part for the tenant improvements and conduct of normal business. Tenant's actual possession of any part or parts of the Premises prior to the Commencement Date shall be Ready for Occupancy (as defined in subparagraph (d) below) by Tenant not later than subject to all of the Scheduled Completion Date. Notwithstanding obligations of this Lease, except that fixed rent apportioned to the foregoing, rentable area of each such part and prorated from the aforesaid date of taking actual possession shall be extended for such periods as Landlord is prevented from completing such construction requirements due to governmental restrictions or orders of any governmental authority beyond the reasonable control of Landlord, strikes, labor disputes, lockouts, shortages of material or labor, riots, acts of God, enemy action, delays caused by Tenant, civil commotion, fire, casualty, inclement weather, and the like, or any other causes beyond the reasonable control of Landlord (which events or causes are hereinafter referred to as "force majeure events"). In addition, Landlord may also automatically extend the aforesaid date for a period of sixty (60) days upon giving written notice to Tenant. If Landlord shall not have completed such construction by the aforesaid date, as said date may be extended as hereinbefore provided, then Tenant shall have the right to terminate this Lease payable at any time within thirty (30) days thereafter by giving written notice of such termination, within such time, to Landlord. If within said thirty-day period Tenant shall not elect to terminate, the time for completion shall be extended for another period of sixty (60) days from the end of each calendar month preceding the thirty (30) day notice periodCommencement Date and, and if completion has not been accomplished within said additional sixty (60) day period, Tenant shall again have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within said time, to Landlord. Upon the giving of such notice of termination, the Term of this Lease shall cease and come to an end as if such date were the date originally fixed for the termination hereofperiod directly following the Commencement Date, and thereupon there shall be no further liability or obligation upon either party by reason hereof. Landlord shall incur no liability to Tenant for failure to complete construction by on the Scheduled Completion Commencement Date. Landlord shall use good faith efforts to have all such work of improvement performed promptly and diligently in a first class and workmanlike manner.
Appears in 1 contract
Completion of Premises. The parties acknowledge that tenant improvements will need to be installed in the Premises and that tenant improvement work will be constructed in accordance with the following terms and conditions:
(a) Tenant shall furnish Landlord has agreed to Landlord make certain improvements to the Premises as more full), set forth in writing on or before a work letter (the date "Work Letter") attached hereto and incorporated herein as Exhibit D. Other than as set forth in the Basic Lease Information such full and complete information as will be required Work Letter, Landlord shall have no obligation for Landlord any improvements to complete the space and construction plans for the Premises. Said full and complete information shall include, without limitation, the following details:
(i) Exact location of telephone and electrical outlets.
(ii) Interior wall finish specifications.
(iii) Detailed plans and specifications of all non-standard construction work to be accomplished within the Premises by Landlord's general contractor or other contractor employed by Landlord. Landlord shall cause such space and construction plans to be prepared within sixty (60) days after Landlord's receipt from Tenant of all of such information required above, and Tenant shall either approve or disapprove such plans within seven (7) working days after Tenant's receipt of such plans and accept the cost breakdown of the tenant improvements, which approval shall not be unreasonably withheld. If Tenant disapproves such plans, Tenant shall specify Premises in its objections in writing and Landlord shall, within a reasonable time thereafter, submit revised plans to Tenant. After Tenant has approved the plans, such plans may thereafter be changed front time to time so long "as all changes are approved by both Landlord and Tenant, which approvals shall not be unreasonably withheld.
(b) Landlord shall, at its sole cost and expense, furnish and install within the Premises, substantially in accordance with Exhibit C attached hereto and made a part hereof by this reference, standard building tenant improvements listed on Exhibit D attached hereto and made a part hereof by this reference. Any additional interior improvements, additions or alterations required by Tenant and approved by Landlord shall be furnished and installed at Tenant's sole cost and expense. Any such additional work shall be furnished and installed either by Landlord's general contractor or other contractor employed by Landlord at such cost and on such terms as shall have been agreed to between Landlord and Tenant. All work to be performed is" condition on the Premises which is not within the scope of work shown on Exhibit C and Exhibit D shall be performed by Tenant at Tenant's expense. Agents, contractors and employees obtained by Tenant to perform such work shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, and to the administrative supervision of Landlord's general contractor, said supervision at Landlord's expenseCommencement Date ABSENT PUNCH LIST ITEMS AND LATENT DEFECTS. Landlord shall allow access to not have any obligation for the Premises during construction repair or replacement of any portions of the Premises to Tenant's agents, contractors and employees for the purpose of enabling Tenant to prepare the Premises for Tenant's use and occupancy. All such construction work performed by Tenant's agents, contractors or employees shall be accomplished in such a manner as not to unreasonably interfere with or delay the work of Landlord's general contractor in the completion of the Premises. Tenant agrees that in the event Tenant shall have failed to furnish Landlord with the necessary information to complete the space plans for the Premises by the time hereinabove specified or should Tenant, its agents, contractors or employees otherwise cause delay in Landlord's preparation of the Premises or should any changes in the space plans requested by Tenant and approved by Landlord cause delay in Landlord's preparation interior of the Premises, thereby delaying Tenant's occupancy including but not limited to carpeting, draperies, window coverings, wallcoverings or painting, which are damaged or wear out during the term hereof, regardless of the Premises beyond the Scheduled Completion Date and provided that Landlord would have completed the preparation of cause therefor, except as may otherwise be specifically set forth in this Lease. If the Premises by the Scheduled Completion Date were it are not for Tenant's delay, then Landlord may at its option require Tenant to commence payment of rental on the Scheduled Completion date or on the date on which the Premises would have been Ready for Occupancy (its defined below) as reasonably determined by Landlord if the necessary information had been supplied or if the changes in the plans had not been requested or if Tenant or its agents, contractors or employees had not caused such delay.
(c) Landlord shall complete the tenant improvements and the Premises shall be Ready for Occupancy (as defined in subparagraph (dhereafter defined) below) by Tenant not later than on the Scheduled Completion Commencement Date. Notwithstanding the foregoing, the aforesaid date shall be extended for unless such periods as Landlord delay is prevented from completing such construction requirements due to governmental restrictions or orders of any governmental authority beyond the reasonable control of Landlord, strikes, labor disputes, lockouts, shortages of material or labor, riots, acts of God, enemy action, delays caused by Tenant, civil commotionits agents or employees, firethe rental obligations hereunder shall not commence until the Premises are Ready for Occupancy, casualtywhereupon, inclement weatherthis Lease and all covenants, conditions and terms hereof shall be in full force and effect; and the Termination Date hereof shall be postponed as set forth in paragraph 2(b). The postponement of the rent and term herein provided for such period shall be in full settlement for all claims which Tenant might have by reason of the Premises not being Ready for Occupancy on the Commencement Date. If Tenant wishes to take possession of all or any part of the Premises prior to the date the Premises are Ready for Occupancy, it must first secure the prior written consent of Landlord and such occupancy shall in no way hinder, delay or interfere with Landlord's work in completion of the Premises, and in such event, all terms and provisions of this Lease, including the likeobligation to pay rent at a rate equal to the monthly rate provided in Paragraph 3 (prorated accordingly) shall apply. "Ready for Occupancy" as that term is used herein shall mean the date when all major construction aspects of the Premises and any remodeling work to be performed by Landlord to the extent agreed to in the Work Letter are completed although minor items are not completed (including but not limited to, touch-up plastering or any other causes beyond repainting which does not unreasonably interfere with Tenant's ability to carry on its business in the reasonable control of Landlord (which events or causes are hereinafter referred to as "force majeure events"Premises). In addition, Landlord may also automatically extend The certificate of the aforesaid architect (or other representative of Landlord) in charge of supervising the completion or remodeling of the Premises shall control conclusively the date upon which the Premises are Ready for a period of sixty (60) days upon giving written notice to TenantOccupancy. If Landlord shall is delayed in delivering the Premises to Tenant because the same are not have completed such construction by Ready for Occupancy or due to the aforesaid date, as said date may be extended as hereinbefore providedfailure of a prior occupant to vacate the same, then Tenant shall have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within such time, to Landlord. If within said thirty-day period Tenant shall not elect to terminate, the time for completion rent and term shall be extended for another period postponed as hereinabove set forth, and such postponement shall be in full settlement of sixty (60) days from the end all claims which Tenant may otherwise have by reason of the thirty (30) day notice period, and if completion has not been accomplished within said additional sixty (60) day period, Tenant shall again have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice delay of such termination, within said time, to Landlord. Upon the giving of such notice of termination, the Term of this Lease shall cease and come to an end as if such date were the date originally fixed for the termination hereof, and thereupon there shall be no further liability or obligation upon either party by reason hereof. Landlord shall incur no liability to Tenant for failure to complete construction by the Scheduled Completion Date. Landlord shall use good faith efforts to have all such work of improvement performed promptly and diligently in a first class and workmanlike mannerdelivery.
Appears in 1 contract
Samples: Office Building Lease (Colorado Business Bankshares Inc)
Completion of Premises. 2.01 Within ten (10) working days after the execution of this Lease, Tenant, at Tenants expense, shall provide Landlord with sufficient instructions and information to enable Landlord's Designer to prepare and complete the plans and specifications for the Leasehold Improvements. Such plans and specifications shall be prepared by Landlord's Designer and submitted to Tenant, for Tenants approval. Within ten (10) working days after Tenants receipt of such plans, specifications and cost estimate, Tenant shall notify Landlord in writing as to whether Tenant approves or disapproves same. Tenant will be allowed three (3) revisions of such plans and specifications. Any additional revisions will be at the sole expense of Tenant. Upon Tenant's approval, Landlord's Designer and Engineer will prepare all Construction Documents necessary for construction of the Leasehold Improvements. If Tenant fails to expressly disapprove such plans, specifications and cost estimate within this ten (10) working day period, then Landlord shall be authorized to proceed thereon. The parties acknowledge cost of all plans, specifications and Construction Documents for Building Standard Leasehold Improvements shall be borne and paid by Landlord. All plans, specifications and Construction Documents for Non-Building Standard Leasehold Improvements shalt be borne and paid for by Tenant, unless specified to the contrary in the Lease.
2.02 Unless otherwise agreed to in writing by Landlord and Tenant, all work involved in the construction and installation of the Leasehold Improvements shall be carried out by Landlord's Contractor under the sole direction of Landlord. Tenant shall cooperate with Landlord's Contractor under the sole direction of Landlord's Designer to promote the efficient and expeditious completion of such work. Tenant agrees to pay Landlord, promptly upon being billed therefore, the cost (labor and material) of all Tenants Work, together with a fee to Landlord of fifteen percent (15%) of such cost as compensation for Landlord's supervision of the construction and installation of Tenants Work. Landlord at its option may require Tenant to make an advance payment of fifty percent (50%) of the estimated cost of Tenants Work prior to commencement of such work, and shall have the right to submit interim statements of cost incurred in connection with Tenants Work which shall be paid by Tenant to Landlord within ten (10) working days after receipt thereof. Tenant agrees that tenant improvements if Tenant fails to make any such payment when due, Landlord shall (in addition to all other remedies) have the same rights as in the event of default of payment of Rent under this Lease.
2.03 If there are any changes in the Leasehold Improvements caused by Tenant from the work as reflected in the Construction Documents, each such change must receive the prior written approval of Landlord, and, in the event of any such approved change in the Construction Documents, Tenant shall, at Tenant's expense, upon completion of Tenants Work, furnish Landlord with accurate "as built" reproducible mylar plans of Tenants Work as constructed, which plans shall be incorporated into this Exhibit "D" by this reference for all intents and purposes.
2.04 Under no circumstances whatsoever will need Tenant, or Tenants authorized representative, ever alter or modify or in any manner disturb any central system or installation of the Building, including, but not limited to, exterior building, central plumbing system, central fire protection and fire alert systems, central building maintenance systems, central structural systems, elevators, and anything located within the central core of the Building. Only with Landlord's express written permission and under direct supervision of Landlord or Landlord's authorized representative shall Tenant or Tenants authorized representative alter or modify or in any manner disturb any branch of any system or installation of the Building which is located within the Premises, including, but not limited to, branch electrical, heating, ventilating and air conditioning systems, and branch fire protection and alert systems. For the purposes of this Section 2.04, "central" shall be defined as that portion of any Building system or component which is within the core and/or common to and/or serves or exists for the benefit of other tenants in the Building; and "branch" shall be installed defined as that portion of any Building System or component which serves to connect or extend central systems into the Premises.
2.05 Landlord shall have no obligation to commence installation of any of the Leasehold Improvements in the Premises and that tenant improvement work will be constructed in accordance with the following terms and conditions:
until (a) Tenant shall furnish to Landlord in writing on or before have approved the date set forth in the Basic Lease Information such full and complete information as will be required for Landlord to complete the space and construction plans for the Premises. Said full and complete information shall include, without limitation, the following details:
(i) Exact location of telephone and electrical outlets.
(ii) Interior wall finish specifications.
(iii) Detailed plans and specifications of all non-standard construction for such work to be accomplished within the Premises as required by Landlord's general contractor or other contractor employed by Landlord. Landlord shall cause such space Section 2.01 hereof and construction plans to be prepared within sixty (60) days after Landlord's receipt from Tenant of all of such information required above, and Tenant shall either approve or disapprove such plans within seven (7) working days after Tenant's receipt of such plans and the cost breakdown of the tenant improvements, which approval shall not be unreasonably withheld. If Tenant disapproves such plans, Tenant shall specify its objections in writing and Landlord shall, within a reasonable time thereafter, submit revised plans to Tenant. After Tenant has approved the plans, such plans may thereafter be changed front time to time so long as all changes are approved by both Landlord and Tenant, which approvals shall not be unreasonably withheld.
(b) Landlord shall, at its sole cost and expense, furnish and install within the Premises, substantially in accordance with Exhibit C attached hereto and made a part hereof by this reference, standard building tenant improvements listed on Exhibit D attached hereto and made a part hereof by this reference. Any additional interior improvements, additions or alterations shall have received any advance payment required by Tenant and approved by Landlord shall be furnished and installed at Tenant's sole cost and expense. Any such additional work shall be furnished and installed either by Landlord's general contractor or other contractor employed by Landlord at such cost and on such terms as shall have been agreed to between Landlord and Tenant. All work to be performed on the Premises which is not within the scope of work shown on Exhibit C and Exhibit D shall be performed by Tenant at Tenant's expense. Agents, contractors and employees obtained by Tenant to perform such work shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, and to the administrative supervision of Landlord's general contractor, said supervision at Landlord's expense. Landlord shall allow access to the Premises during construction of the Premises to Tenant's agents, contractors and employees for the purpose of enabling Tenant to prepare the Premises for Tenant's use and occupancy. All such construction work performed by Tenant's agents, contractors or employees shall be accomplished in such a manner as not to unreasonably interfere with or delay the work of Landlord's general contractor in the completion of the Premises. Tenant agrees that in the event Tenant shall have failed to furnish Landlord with the necessary information to complete the space plans for the Premises by the time hereinabove specified or should Tenant, its agents, contractors or employees otherwise cause delay in Landlord's preparation of the Premises or should any changes in the space plans requested by Tenant and approved by Landlord cause delay in Landlord's preparation of the Premises, thereby delaying Tenant's occupancy of the Premises beyond the Scheduled Completion Date and provided that Landlord would have completed the preparation of the Premises by the Scheduled Completion Date were it not for Tenant's delay, then Landlord may at its option require Tenant to commence payment of rental on the Scheduled Completion date or on the date on which the Premises would have been Ready for Occupancy (its defined below) as reasonably determined by Landlord if the necessary information had been supplied or if the changes in the plans had not been requested or if Tenant or its agents, contractors or employees had not caused such delay.
(c) Landlord shall complete the tenant improvements and the Premises shall be Ready for Occupancy (as defined in subparagraph (d) below) by Tenant not later than the Scheduled Completion Date. Notwithstanding the foregoing, the aforesaid date shall be extended for such periods as Landlord is prevented from completing such construction requirements due to governmental restrictions or orders of any governmental authority beyond the reasonable control of Landlord, strikes, labor disputes, lockouts, shortages of material or labor, riots, acts of God, enemy action, delays caused by Tenant, civil commotion, fire, casualty, inclement weather, and the like, or any other causes beyond the reasonable control of Landlord (which events or causes are hereinafter referred to as "force majeure events"). In addition, Landlord may also automatically extend the aforesaid date for a period of sixty (60) days upon giving written notice to Tenant. If Landlord shall not have completed such construction by the aforesaid date, as said date may be extended as hereinbefore provided, then Tenant shall have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within such time, to Landlord. If within said thirty-day period Tenant shall not elect to terminate, the time for completion shall be extended for another period of sixty (60) days from the end of the thirty (30) day notice period, and if completion has not been accomplished within said additional sixty (60) day period, Tenant shall again have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within said time, to Landlord. Upon the giving of such notice of termination, the Term under Section 2.02 of this Lease shall cease and come to an end as if such date were the date originally fixed for the termination hereof, and thereupon there shall be no further liability or obligation upon either party by reason hereof. Landlord shall incur no liability to Tenant for failure to complete construction by the Scheduled Completion Date. Landlord shall use good faith efforts to have all such work of improvement performed promptly and diligently in a first class and workmanlike mannerExhibit "D".
Appears in 1 contract
Samples: Lease (TaxMasters, Inc.)
Completion of Premises. The parties acknowledge that tenant improvements will need 2.1 Tenant has caused Tenant's Architect(s) to be installed in the Premises prepare a preliminary space plan(s) and that tenant improvement work will be constructed in accordance with the following terms and conditions:Landlord has approved such plan.
(a) CB Commercial, as designated construction manager, shall be responsible for preparing the construction proposal documents and selecting Tenant's Contractor, although Tenant shall furnish reserves the right to review all bids and make commercially reasonable changes as necessary. ___________________________ has been selected as Tenant's Contractor and Landlord in writing on or before the date set forth in the Basic Lease Information has approved such full and complete information as will be required for Landlord to complete the space and construction plans for the Premises. Said full and complete information shall include, without limitation, the following details:
(i) Exact location of telephone and electrical outletsselection.
(iib) Interior wall finish specifications.
No later than April 30, 1997, Tenant, at Tenant's expense (iii) Detailed plans subject to Section 2.3 below), shall prepare and specifications of all non-standard construction work deliver to be accomplished within the Premises Landlord, and simultaneously to any other persons reasonably designated by Landlord (including Landlord's general contractor or other contractor employed by Base Building subcontractors), the Architectural Plans and the MEP Plans, together with any underlying detailed information Landlord may reasonably require in order to evaluate the Plans. Tenant shall deliver any and all Plans, and all revisions thereto, to Landlord. CB Commercial shall submit such Plans for permits. Landlord shall cause such space and construction plans notify Tenant in writing (for purpose of this Section 2.2(b), a telecopy shall satisfy the written notice requirement) as to be prepared whether Landlord approves or disapproves the Plans within sixty five (605) full business days after Landlord's receipt from of the Plans. If Landlord disapproves of the Plans, or approves the Plans subject to modifications, it shall state in its written notice to Tenant of all of such information required abovethe reasons therefor, and Tenant shall either approve or disapprove such plans within seven (7) working days after Tenant's , upon receipt of such plans written notice, shall revise and resubmit the Plans to the Landlord, and simultaneously to any other persons designated by Landlord, for review and Landlord's approval.
(c) [Intentionally deleted].
(a) The Tenant's Work shall be completed by Tenant in accordance with this Exhibit B. All work involved in the completion of Tenant's Work shall be carried out by Tenant's Contractor in substantial conformance with the Plans. Tenant's Contractor shall contract for such work directly with Tenant, but shall perform such work in coordination with Landlord. Subject to subsection 2.3(b) herein, Tenant agrees to pay the cost breakdown of the tenant improvements, which approval shall not be unreasonably withheld. If Tenant disapproves such plans, Tenant shall specify its objections in writing and Landlord shall, within a reasonable time thereafter, submit revised plans all work performed by Tenant's Contractor to Tenant. After Tenant has approved the plans, such plans may thereafter be changed front time to time so long as all changes are approved by both Landlord and Tenant, which approvals shall not be unreasonably withheld's Contractor.
(b) Landlord shall, at its sole agrees to provide Tenant with a maximum contribution not to exceed $12.00 per rentable square foot (except the CB Commercial space on the first floor) which is equal to a total of $507,696.00 toward the cost of preparing and expense, furnish reviewing the Plans and install within the Premises, substantially in accordance with Exhibit C attached hereto and made a part hereof by this reference, standard building tenant improvements listed on Exhibit D attached hereto and made a part hereof by this reference. Any additional interior improvements, additions or alterations required by Tenant and approved by Landlord shall be furnished and installed at cost of constructing Tenant's sole cost and expense. Any such additional work shall be furnished and installed either by Landlord's general contractor or other contractor employed by Landlord at such cost and on such terms as shall have been agreed to between Landlord and Tenant. All work to be performed on the Premises which is not within the scope of work shown on Exhibit C and Exhibit D shall be performed by Tenant at Tenant's expense. Agents, contractors and employees obtained by Tenant to perform such work shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, and to the administrative supervision of Landlord's general contractor, said supervision at Landlord's expense. Landlord shall allow access to the Premises during construction of the Premises to Tenant's agents, contractors and employees for the purpose of enabling Tenant to prepare the Premises for Tenant's use and occupancy. All such construction work performed by Tenant's agents, contractors or employees shall be accomplished in such a manner as not to unreasonably interfere with or delay the work of Landlord's general contractor in the completion of the Premises. Tenant agrees that in the event Tenant shall have failed to furnish Landlord with the necessary information to complete the space plans for the Premises by the time hereinabove specified or should Tenant, its agents, contractors or employees otherwise cause delay in Landlord's preparation of the Premises or should any changes in the space plans requested by Tenant and approved by Landlord cause delay in Landlord's preparation of the Premises, thereby delaying Tenant's occupancy of the Premises beyond the Scheduled Completion Date and provided that Landlord would have completed the preparation of the Premises by the Scheduled Completion Date were it not for Tenant's delay, then Landlord may at its option require Tenant to commence payment of rental on the Scheduled Completion date or on the date on which the Premises would have been Ready for Occupancy Work (its defined below) as reasonably determined by Landlord if the necessary information had been supplied or if the changes in the plans had not been requested or if Tenant or its agents, contractors or employees had not caused such delay.
(c) Landlord shall complete the tenant improvements and the Premises shall be Ready for Occupancy (as defined in subparagraph (d) below) by Tenant not later than the Scheduled Completion Date. Notwithstanding the foregoing, the aforesaid date shall be extended for such periods as Landlord is prevented from completing such construction requirements due to governmental restrictions or orders of any governmental authority beyond the reasonable control of Landlord, strikes, labor disputes, lockouts, shortages of material or labor, riots, acts of God, enemy action, delays caused by Tenant, civil commotion, fire, casualty, inclement weather, and the like, or any other causes beyond the reasonable control of Landlord (which events or causes are hereinafter referred to as "force majeure eventsMaximum Contribution"). In addition, Landlord may also automatically extend recognizes certain space requirements in need of attention and will require that a portion of the aforesaid date Maximum Contribution be used for a period of sixty the following: (60i) days upon giving written notice to repair as necessary all drywall partitions currently damaged and prepare such surfaces for repainting; (ii) replace ceiling tiles as necessary; (iii) paint drywall partitions as needed; (iv) replace or clean carpet as needed; (v) replace damaged doors and install protective kick plates and standardized locksets; (vi) HVAC adjustments; (vii) relocate Tenant. If Landlord shall not have completed such construction by the aforesaid date, as said date may be extended as hereinbefore provided, then Tenant shall have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within such time, to Landlord. If within said thirty-day period Tenant shall not elect to terminate, the time for completion shall be extended for another period of sixty (60) days 's phone switch from the end of the thirty (30) day notice period, and if completion has not been accomplished within said additional sixty (60) day period, Tenant shall again have the right to terminate this Lease at any time within thirty (30) days thereafter by giving written notice of such termination, within said time, to Landlord. Upon the giving of such notice of termination, the Term of this Lease shall cease and come to an end as if such date were the date originally fixed for the termination hereof, and thereupon there shall be no further liability or obligation upon either party by reason hereof. Landlord shall incur no liability to Tenant for failure to complete construction by the Scheduled Completion Date. Landlord shall use good faith efforts to have all such work of improvement performed promptly and diligently in a first class and workmanlike manner.Building's main phone room; and
Appears in 1 contract