Construction by Landlord. Landlord, at Landlord’s sole cost and expense, shall provide Tenant leasehold improvements (“Tenant Improvements”) sufficient to build out the Premises ‘turn-key” in accordance with mutually agreed upon pricing plans (the “Pricing Plans”) which shall include, but not be limited to, hard and soft construction costs; building code compliance as mandated by local authorities; building standard window blinds; full architectural, mechanical, electrical, plumbing, and engineering drawings and construction documents; electrical wiring and data/phone wiring; mechanical alterations; move costs; no construction management, coordination fees or other “mark ups” on Tenant Improvements shall be charged by or payable to the Landlord. As part of such costs, Tenant may work with _____________ for space planners/architects employed by Xxxxxxxx or choose their own space planner/architect with Xxxxxxxx’s reasonable consent. Landlord shall use its best efforts to complete construction of the Tenant Improvements and cause the Lease to commence by_____________. Parties acknowledge the Landlord and Xxxxxx have mutually selected an architect satisfactory to the Parties (“Landlord’s Architect”). If, at any time, it becomes necessary to engage a new architect, Landlord shall first obtain Tenant’s approval, which approval shall not be unreasonably withheld, conditioned, or delayed. Landlord shall ensure that full architectural, mechanical, electrical, plumbing, and engineering drawings and construction documents are produced for the Tenant Improvements, which shall be submitted to Tenant for its approval. At a minimum, Landlord will implement those building construction standards mandated by local building code. Tenant shall have ten (10) business days from receipt of the plans for the Tenant Improvements and specifications for the construction of the Tenant Improvements to approve the plans and specifications or provide written comments or objections thereto. Any such approval shall not be unreasonably withheld, conditioned, or delayed. Landlord or Landlord’s Architect shall obtain three (3) separate bids for construction of the Tenant Improvements and will work with Tenant on an “open-book” basis. Tenant shall have the right to approve up to one (1) general contractor on the bid list. Tenant and Landlord shall mutually select the acceptable bidder to construct the Tenant Improvements. Landlord shall be responsible for contracting for the work on a not-to-exceed basis, approved in ...
Construction by Landlord. 6 SECTION 5.02 CHANGES AND ADDITIONS BY LANDLORD ...................... 6 SECTION 5.03
Construction by Landlord. Landlord will construct the Building in which the Premises are to be located. The Premises shall be constructed substantially in accordance with Outline Specifications entitled "Landlord's Work" marked Exhibit "C" attached hereto and made a part hereof. it is understood and agreed by Tenant that no minor changes which do not impair Tenant's efficient business use of the Leased Premises from any plans or from said Outline Specifications made necessary during construction of the Premises or the Building shall affect or change this Lease or invalidate same.
Construction by Landlord. Landlord shall not perform any work to the Premises. Tenant shall accept the Premises in as-is condition.
Construction by Landlord. 11 4.1 Landlord's Duty to Construct Improvements......................................................11
Construction by Landlord. Landlord shall construct or cause to be constructed the Building and Leased Premises substantially in accordance with Outline Specifications set forth in Exhibit “C” attached hereto. Landlord’s construction obligation shall include Tenant Improvements pursuant to mutually agreed space layout plans and specifications subject to the provisions of Article VI of this Lease. After consultation with Tenant, Landlord’s architect shall furnish the plans and specifications for the Leased Premises, but the cost thereof shall be charged toward Landlord Contribution. It is understood and agreed by Tenant that no minor changes from any plans or from said Outline Specifications which may be necessary during construction of the Leased Premises or the Building shall affect or change this Lease or invalidate same.
Construction by Landlord. Landlord, at Landlord's sole expense, shall perform the work required to be performed by Landlord in Exhibit D, attached hereto and made a part hereof ("Landlord's Work"). Landlord shall complete Landlord's Work within sixty (60) days after receipt of any required permits, which permits shall be based on drawings prepared by Tenant at Tenant's expense, and shall deliver possession of the Premises to Tenant in broom clean condition. Landlord shall have the exclusive right to determine the architectural design and the structural, mechanical and other details and specifications of Landlord's Work, including, but not limited to, the type of materials and the manufacturer and supplier thereof. Landlord's Work shall consist solely of the installation (but not the connection) of rooftop air conditioning units, with a capacity equal to one ton per 300 feet of floor area in the portion of the Premises designated as Suite 200 ("Rooftop Units"), sufficient to supply normal office air conditioning to the Premises and in locations appropriate for Tenant's design of the Premises. Landlord agrees that at the time Landlord completes Landlord's Work, the sprinkler system in the Premises and the mechanical systems in Suite 204 will be in good working order. Tenant shall have thirty (30) days after occupancy to report any deficiencies in Landlord's Work to Landlord, and Landlord shall have thirty (30) days thereafter to repair or complete such items.
Construction by Landlord. Tenant agrees to take space “as is” with no further work, to be done by Landlord.
Construction by Landlord. The provisions of this Section 24.03 shall apply only in the event of Construction by Landlord. Landlord shall promptly commence construction of the New Improvement and diligently pursue such construction to prompt completion, at Landlord’s sole cost and expense. In the event that Landlord seeks to obtain financing for construction of the New Improvement but is unable to do so within ninety (90) days of receiving plans and specifications for the New Improvement from Tenant (provided that if Landlord begins seeking financing within thirty (30) days of receiving plans and specifications and works diligently to obtain financing thereafter, then such ninety (90) day period shall be extended to one hundred twenty (120) days), then Landlord may elect to proceed with Construction by Tenant instead, by notifying Tenant in writing of such election on or before the last day of such period. Upon the date of occupancy of the New Improvement, the parties shall modify this Lease to (i) include the New Improvement as part of the Premises and (ii) increase the Monthly Base Rent amount payable by an amount equal to 0.75% (i.e., 9% annually, divided by 12 months) multiplied by Landlord’s total construction costs for the New Improvement (which costs shall include hard and soft costs, costs relating to obtaining necessary permits and zoning approvals, reasonable legal fees, building fixtures and furnishings, construction period interest, real estate taxes and sewer and water charges and utilities, design and engineering and other "pre-development costs" and construction period professional management and supervision fees). By way of example, if Landlords total construction costs for a New Improvement were $10,000,000, then the additional Monthly Base Rent would be $75,000 (($10,000,000*9.0%)/12 months = $75,000). The additional Monthly Base Rent resulting from a New Improvement will continue to increase over the Term in accordance with Section 5.06 hereof. The amount of the Security Deposit shall proportionately increase as a result of any increase in the Monthly Base Rent pursuant to this Section 24.03. For the avoidance of doubt, there will not be any additional increase in the Monthly Base Rent due to an increase in the value of the Land that is already part of the Premises.
Construction by Landlord. A. Landlord shall repaint and carpet the Premises and construct and do such other work (collectively, the “Landlord’s Work”) in substantial conformity with Scheme 2 on the sketch plan attached hereto as Exhibit “C”, which has been initialed by the parties and which is incorporated herein by reference.
B. If Landlord deems any changes, additions or alterations in the Space Plan necessary in connection with the construction of the Premises, such /changes, additions or alterations shall be submitted to Tenant for approval, which approval shall not be unreasonably withheld or delayed and shall be deemed to be given if not disapproved in writing within seven (7) days after Landlord’s submission of the same to Tenant. Any dispute as to the content of such changes, additions or alterations may, at the option of either party hereto, be conclusively determined by the independent architect or engineer retained by Landlord for the construction of the Building.
C. The Premises shall be substantially completed on or before the Scheduled Commencement Date, provided that the Scheduled Commencement Date shall be extended for the time equivalent to any time lost by Landlord due to strikes, labor disputes, governmental restrictions or limitations, scarcity of or inability to obtain labor or materials, accidents, fire or other casualties, weather conditions, current Tenant’s failure to vacate when anticipated, or any cause similar to or dissimilar to the foregoing beyond the reasonable control of Landlord. All the aforesaid work shall be done in compliance with applicable laws and lawful ordinances.
D. Landlord will remove any furniture that Tenant does not use.
E. Landlord shall be responsible to make any repairs necessitated by defective workmanship or materials in the aforesaid work, provided that such defect appears and Tenant gives Landlord written notice thereof during the first 365 days of the Term.
