Construction of Additional Improvements. (i) Subject to delays resulting from Force Majeure Matters and/or Tenant Delays, Landlord shall Substantially Complete the following additional improvements within the Park by the applicable completion dates set forth herein: (i) the refurbishment of the two buildings located immediately adjacent to the Building (the “Grid Buildings”), as identified on Exhibit D attached hereto, and construction of the Café (as defined in Section 16.23) in the location shown on Exhibit D attached hereto (collectively, the “Phase II Improvements”) not later than April 30, 2021 (the “Phase II Completion Date”), (ii) the construction of the Fitness Center (as defined in Section 16.23) in the location identified on Exhibit D attached hereto and generally consistent with the depictions of same on Exhibit J attached hereto not later than June 30, 2021 (the “Fitness Center Completion Date”), and (iii) the refurbishment of the two buildings located next to the Grid Buildings (the “Edge Buildings”), as identified on Exhibit D attached hereto (the “Phase III Improvements”) not later than September 1, 2021 (the “Phase III Completion Date”). If Landlord for any reason other than Force Majeure Matters and/or Tenant Delays is unable to Substantially Complete any of the aforementioned additional improvements (each, an “Additional Improvement”) by the applicable completion date (each, a “Completion Date”), this Lease shall not be void or voidable nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom; but in that event, Landlord shall act diligently and in good faith to complete the work that is necessary for Landlord to Substantially Complete such improvements. In such event, the following terms shall apply:
(1) In the event Substantial Completion of an Additional Improvement does not occur by the date that is sixty (60) days following the applicable Completion Date for such Additional Improvement, Tenant shall receive a credit against the Monthly Rental Installments due hereunder equal to one (1) day of Minimum Annual Rent and Additional Rent with respect to the Leased Premises for every three (3) days that elapse between the end of such sixty (60) day period until Substantial Completion of the applicable Additional Improvement occurs (each, an “Additional Improvement Credit”), which credit(s) shall be applied to the Monthly Rental Installment(s) first becoming payable hereunder.
(2) In the event Substantial Completion of an Additional Improvement does not occ...
Construction of Additional Improvements. (a) Tenant shall be responsible for constructing certain additional interior improvements within the Demised Premises (the "Additional Improvements"). Within thirty (30) days after the date hereof, Tenant shall, at its sole cost and expense, prepare and submit to Landlord for Landlord's written approval of disapproval (which approval will not be unreasonably withheld or conditioned) a complete set of plans and specifications and construction drawings (collectively, the "Plans and Specifications") covering all work to be performed by Tenant in constructing the Additional Improvements. The Plans and Specifications shall be in such detail as Landlord may reasonably require and shall be in compliance with all applicable statutes, ordinances and regulations. Landlord shall review the Plans and Specifications and indicate requested changes, if any, by written notice to Tenant, within ten (10) days after receipt of the Plans and Specifications by Landlord. If Landlord fails to indicate such requested changes to the Plans and Specifications by such date, the Plans and Specifications shall be deemed approved. Thereafter, any changes to the Plans and Specifications shall be subject to Landlord's written approval.
(b) Tenant or its contractor shall construct the Additional Improvements in a good, first-class and workmanlike manner and in accordance with the Plans and Specifications. Tenant shall carry, or cause its contractor to carry, insurance reasonably satisfactory to Landlord throughout the construction of the Additional Improvements.
(c) Upon substantial completion of the Additional Improvements, a representative of Landlord and a representative of Tenant together shall inspect the Demised Premises and generate a punchlist of defective or uncompleted items relating to the completion of construction of the Additional Improvements. Tenant shall, within a reasonable time after such punchlist is prepared and agreed upon by Landlord and Tenant, complete such incomplete work and remedy such defective work as are set forth on the punchlist.
(d) Landlord shall reimburse Tenant for Tenant's costs (as defined in subsection (e) below) incurred in constructing the Additional Improvements, up to Sixty Thousand and No/100 Dollars ($60,000.00) (the "Tenant Allowance") as follows:
(1) Landlord shall pay fifty percent (50%) of the Tenant Allowance to Tenant at such time as:
(i) Tenant has delivered to Landlord copies of Tenant's building permit;
(ii) Tenant has received Landlor...
Construction of Additional Improvements. Borrower shall diligently and without delay pursue construction of the Additional Improvements in a workmanlike manner in accordance with any plans and specifications therefor, and in accordance with all Requirements of Law, building restrictions, recorded covenants and restrictions, and requirements of all Governmental Authorities having jurisdiction over the Property. Borrower shall, upon Administrative Agent’s request, execute and deliver to Administrative Agent a copy of any plans and specifications for any Additional Improvements and an assignment of Borrower’s rights under any Construction Agreement to Administrative Agent, for the benefit of Lenders as security for Borrower’s obligations under this Agreement and the other Loan Documents, and with respect to any Construction Agreement providing for payments in excess of $1,000,000 in the aggregate, shall cause the Contractor to consent to any such assignment. Borrower shall be solely responsible for all aspects of Borrower’s business and conduct in connection with the Property, including, without limitation, for the quality and suitability of any such plans and specifications and their compliance with all Requirements of Law, the supervision of the work of construction, the qualifications, financial condition and performance of all architects, engineers, contractors, material suppliers, consultants and property managers, and the accuracy of all applications for payment and the proper application of all disbursements. Neither Administrative Agent nor any Lender is obligated to supervise, inspect or inform Borrower or any third party of any aspect of the construction of the Additional Improvements or any other matter referred to above.
Construction of Additional Improvements. Except as expressly authorized herein, Tenant shall make no additions, alterations, changes, fixtures, or other improvements to the Premises (“Improvements”) without the express written consent of the Town. Tenant, at its own expense, shall keep and maintain the Premises and Improvements neat and orderly at all times and shall perform all repairs to the same to keep them in proper condition. All Improvements on the Premises shall be the property of Tenant during the full term of this Lease provided however that at the termination of this Lease, the Town shall have the right to determine if the improve- ments shall be removed by the Tenant or in the alternative that the Town shall become the owner of said improvements, without cost to the Town.
Construction of Additional Improvements. The Developer agrees that any Additional Improvements constructed by Developer on the Development Property will be constructed on the Development Property in conformance with the Construction Plans submitted to, and approved by, the City. The Developer agrees that the scope and scale of the Additional Improvements to be constructed shall not be significantly less than the scope and scale thereof as detailed and outlined in the Construction Plans, as so approved, the construction of which is anticipated to require a total investment of not less than $40,212,000 if all Additional Improvements are completed.
Construction of Additional Improvements. (a) Commence construction of the Additional Improvements on or before the Commencement Date, (b) diligently proceed with construction of the Additional Improvements according to the Plans and Specifications and in accordance with all applicable laws and ordinances, (c) cause the Additional Improvements to be completed by the Completion Date, (d) require each Contractor to comply with all rules, regulations, ordinances and laws bearing on its conduct of work on the Project.
Construction of Additional Improvements. 11 ARTICLE VI Condition and Maintenance of Premises.......................................13 ARTICLE VII Alterations and New Construction............................................17 ARTICLE VIII Insurance...................................................................18
Construction of Additional Improvements. 19 14. Insurance...........................................................................................
Construction of Additional Improvements. Except as expressly authorized herein, Tenant shall make no additions, alterations, changes, fixtures, or other improvements to the Premises (“Improvements”) without the express written consent of the Landlord, which shall not be unreasonably withheld or delayed. Tenant, at its own expense, shall keep and maintain the Premises and Improvements neat and orderly at all times and shall perform all repairs to the same to keep them in proper condition. All Improvements on the Premises shall be the property of Tenant during the full term of this Lease. In the event the Improvements are of the type that would normally require Design Review approval under Mesa City Code,
Construction of Additional Improvements. Except for the Minimum Improvements, Tenant shall make no Additional Improvements to the Premises without the prior written consent of the Landlord, which may be conditioned or may be granted or denied in Landlord’s sole discretion. Prior to constructing any Additional Improvements, Tenant shall submit a site plan, elevations, or other plans as reasonably requested by the Landlord, and Tenant shall obtain the written consent of the Airport Director for the construction of the Additional Improvements. The consent of the Airport Director is in addition to (and does not replace) complying with and obtaining all approvals required by the Mesa City Code and regulations.
