Construction by Landlord. 6. The Demised Premises shall be completed and delivered to Tenant promptly and with due diligence. If Landlord has not commenced Landlord's Construction (defined below) with respect to the Demised Premises by October 15, 1995, then Tenant, without prejudice to Tenant's other rights and remedies hereunder or at law or in equity, may terminate this lease on written notice to Landlord. For purposes of this Article 6, "commencement" of Landlord's Construction shall mean (a) the completion of all required demolition and the receipt of all required building permits, if the Demised Premises are located within an existing building, or (b) the installation of all required footers for the Demised Premises and the receipt of all required building permits, if the building in which the Demised Premises are to be located is to be constructed after the date of execution of this lease. Landlord shall diligently prosecute Landlord's Construction to completion without interruption or delay (other than such delays as are beyond the control of Landlord such as strikes, lockouts, acts of God and governmental orders or decrees ("Force Majeure")), in a first-class and in a good and workmanlike manner, using good materials, in accordance with the Plans (as in Article 7), and in compliance with all applicable laws and regulations of federal, state and municipal governments, or any department or division thereof, including building codes. Landlord, at Landlord's expense, shall procure all building and other permits and approvals necessary for performing Landlord's Construction. Landlord and Tenant acknowledge that attached hereto as Exhibit ("Landlord's Construction Schedule") is the construction schedule for the performance of Landlord's Construction, including the dates by which designated parts of Landlord's Construction, as set forth in Exhibit must be completed, once Landlord has commenced Landlord's Construction. Landlord represents and warrants that (a) performance of Landlord's Construction shall adhere to Landlord's Construction Schedule and (b) the Date of Occupancy (as defined in Article 1 1) shall occur on March 1, 1996, or such later date as may result from Force Majeure. If the Date of Occupancy occurs prior to such required date, Tenant shall have the right, but not be obligated, to take possession of the Demised Premises prior to such required date. If either (a) the perforinance of Landlord's Construction fails to adhere to Landlord's Construction Schedule or (b) ...
Construction by Landlord. 4 Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
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. 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. Landlord shall not perform any work to the Premises. Tenant shall accept the Premises in as-is condition.
Construction by Landlord. (a) Landlord shall construct and do such other work (collectively, the “Landlord’s Work”) in substantial conformity with the plans and outline specifications of the plan “SK-1” prepared by Pxxxxxxxx Architects Inc. dated May 8, 2006, which have been initialed by the parties, and which are herein incorporated by reference. Prior to the Possession Date, Landlord shall power wash the Building at its sole cost and expense.
Construction by Landlord. 12 4.1 Landlord's Duty to Construct Improvements......................................................12
Construction by Landlord. (A) Landlord shall construct, at Landlord’s sole cost and expense, the interior of the Premises in accordance with the Project Outline Specifications and floor plans (the “Tenant Plans and Specifications”) attached hereto as Exhibit “C” (“Tenant Work”). Landlord will deliver the Premises to Tenant in good condition with all improvements therein and all systems and equipment serving the Premises in good working order and in compliance with all applicable laws.
Construction by Landlord. Tenant agrees to take space “as is” with no further work, to be done by Landlord.
