Construction of Base Building. Landlord shall construct, at its sole cost and expense, and without deduction from the Improvement Allowance, the base, shell, and core of the Building and the other portions of the Project including the Building parking facilities and Common Areas (collectively, the “Base, Shell and Core” and/or “Base Building”), which shall be in compliance with Applicable Laws and those certain San Francisco Planning Commission Motions No. 18952 (Case No. 2012.0906B) and 18953 (Case No. 2012.0906X) (including the Conditions of Approval thereof, the “Planning Approvals”) (to the extent necessary for Tenant to submit for permits for construction of the Improvements or to obtain and retain a “CofO” (as defined in Section 1.2 below) for the Premises for general office use). Notwithstanding the foregoing, Landlord’s obligation to comply with the terms and conditions of the Planning Approvals shall not be a condition to satisfaction of the “Final Condition” (as defined in Section 1.2 below, except to the extent required for the issuance of a CofO for the Premises), provided that any costs to comply with the Planning Approvals shall be Landlord’s responsibility, and shall not be a Direct Expense or deducted from the “Improvement Allowance” (as that term is defined in Section 2.1 below). The Base Building shall be constructed in accordance with the design and development plans and specifications attached hereto as Schedule 1 (the “Base Building Plans”); and the final construction drawings for the Base Building (the “Base Building Construction Drawings and Specifications”) shall in all respects conform to and be consistent, except as provided in this Work Letter, with such Base Building Plans. The parties acknowledge, however, that certain Improvements (to be constructed by Tenant) are shown for informational purposes on the Base Building Plans (designated thereon as work to be performed “BY TENANT”), but such items are not components of the Base Building. Upon completion of the Base Building Construction Drawings and Specifications, Landlord shall deliver to Tenant complete copies thereof (four (4) hard copies and one (1) electronic copy), together with a certification from Landlord addressed to Tenant certifying that the Base Building Construction Drawings and Specifications conform to and are consistent with the Base Building Plans, except as allowed by the terms of this Work EXHIBIT B
Construction of Base Building. LANDLORD'S WORK ----------------------------------------------
Construction of Base Building. Landlord shall construct or perform, at Landlord's sole cost and expense, through its designated general contractor, the improvements set forth on Schedule 1 attached hereto and referred to herein and in the Lease as "Landlord's Work," Landlord shall complete Landlord's Work in accordance with applicable laws, ordinances and codes. Landlord's Work shall consist of the construction of one two-story concrete free standing Class A office building in accordance with the plans and specifications to be prepared by Devcon Construction, Inc, and referenced on Schedule 1 (the "Base Building Plans and Specifications"). Tenant acknowledges and agrees that modifications to Landlord's Work or to the Base Building Plans and Specifications to be prepared by Devcon may be necessary to accommodate recommended construction modifications, field conditions and/or the requirements of the City of Mountain View and other governmental entities with applicable jurisdiction. If Landlord desires to make any modifications to the Base Building Plans and Specifications, then Landlord shall submit such modification to Tenant for its review. Tenant shall approve or disapprove any modifications to the Base Building Plans and Specifications in writing within five (5) business days after Tenant receives the modifications, aid, if disapproved, Tenant shall specify a reasonably specific explanation of the reasons for Tenant's disapproval; provided, however, Tenant shall not have the right to disapprove any immaterial modifications or any modifications to the Base Building Plans and Specifications required by the City of Mountain View or other governmental entities with applicable jurisdiction. Landlord shall make all necessary revisions requested by Tenant and approved by Landlord after Landlord's receipt of Tenant's disapproval of the modifications. Tenant shall approve or disapprove the revised Base Building Plans and Specifications in writing within five (5) business days after Tenant receives the revised Base Building Plans and Specifications, and, if reasonably disapproved. Tenant shall specify a reasonably specific explanation of the reasons for Tenant's disapproval. The revision procedure specified in this paragraph shall be repeated until Tenant approves any modifications to the Base Building Plans and Specifications. (b)
Construction of Base Building. Landlord shall construct, at its sole cost and expense, and without deduction from the Improvement Allowance, the base, shell, and core of the Building (to the extent necessary to obtain and retain a CofO (as defined in Section 1.2 below) for the Premises for the Permitted Use) (collectively, the "Base, Shell and Core" and/or "Base Building")), in material conformance with the description and specifications referenced in Schedule 2, attached hereto (the "Base Building Plans"). Landlord hereby reserves the right to modify the Base Building Plans, provided that such modifications (A) are required to comply with Applicable Laws, or (B) will not (i) materially and adversely affect Tenant's permitted use of the Premises and the Project, (ii) result in the use of materials, systems or components which are not of a materially equivalent or better quality than the materials, systems and components set forth in the Base Building Plans, or (iii) materially increase the cost of the Improvements. Notwithstanding the foregoing, Landlord may make, without regard to item (B)(i), (B)(ii) or (B)(iii), above, modifications or revisions to Common Areas outside of the Buildings, except to the extent otherwise specifically addressed in the Lease.
Construction of Base Building. Landlord shall construct, at its sole cost and expense, and without deduction from the Tenant Improvement Allowance, the base, shell, and core of the Building (collectively, the “Base, Shell and Core” and/or “Base Building”) and the Building Common Areas, which Base, Shell and Core and the Building Common Areas shall be in compliance with Applicable Laws in effect as of the date of Landlord’s receipt of permits to construct the Base, Shell and Core, including the local enactments of handicap access codes promulgated in relation to the Americans with Disabilities Act (to the extent necessary for Tenant to obtain and retain a certificate of occupancy, temporary certificate of occupancy, or legal equivalent (a “CofO”) for the Premises for general office use), in accordance with the plans and specifications referenced in Schedule 1A, attached hereto (the “Base Building Plans”), subject to Landlord Minor Changes and Tenant Change Items, as those terms are defined herein below. Additionally, to the extent not set forth in the Base Building Plans, Landlord shall make the necessary modifications to the Base Building to provide that the Base Building, as constructed by Landlord, shall comply with the Base Building Description set forth in Schedule 2, subject to Landlord Minor Changes and Tenant Change Items. In the event of a conflict between Schedule 1A and Schedule 2, Schedule 2 shall prevail; provided, however, in the event of a conflict between the Base Building as constructed and in existence as of the Effective Date and Schedule 2, the Base Building as constructed and in existence as of the Effective Date shall prevail.
Construction of Base Building. Landlord shall construct, at its sole cost and expense, and without deduction from the Improvement Allowance, the base, shell, and core of the Building (the "Base, Shell and Core" and/or "Base Building"), the Other Phase Buildings and the Parking Facilities, in substantial accordance with the Base Building Plans described on Schedule 1 attached hereto (the "Base Building Plans"), subject to Landlord Minor Changes, as that term is defined herein below. The Base Building Plans do not include drawings and specifications for construction of the Auditorium, Fitness Center, or Food and Beverage Space (collectively, "Ground Floor Areas"). After the date of this Lease, Landlord will revise the Base Building Plans to incorporate the Ground Floor Areas which will be consistent in terms of finishes, form, function, and utility as food and beverage spaces, fitness centers, and auditorium/conference facilities in Comparable Buildings or comparable buildings in San Francisco and Mission Bay. In addition, Landlord hereby reserves the right to modify the Base Building Plans, provided that such modifications (A) are required to comply with Applicable Laws, or (B) are field changes or other changes that will not (i) materially and adversely affect Tenant's permitted use of the Premises and the Project, (ii) result in the use of materials, systems or components which are not of a materially equivalent or better quality than the materials, systems and components set forth in the Base Building Plans, or in the Lease, (iii) materially increase the cost to construct the Improvements or maintain and repair the Premises, (iv) adversely affect the visibility of Tenant's signage on or in the Building, or (v) result in a material change in the layout or configuration of the Base Building or require changes to the Improvements (collectively, "Landlord Minor Changes"). Certain work described in the Base Building Plans are described as Tenant's obligation as part of the construction of the Improvements, and are not components of the Base Building.
Construction of Base Building. Landlord, at its expense, shall ----------------------------- construct and provide a completely finished building (the "Base Building"), excluding interior finishing of tenant space and including public toilets, telephone closets, mechanical equipment rooms complete with air handling equipment and duct work, and electrical closets with high and low voltage panelboards and transformers. Landlord shall construct, supply and install a finished two-story atrium lobby on the first and second floors, finished elevators and public stairwells on each floor, vanity or vestibule rooms, wetstacks, drinking fountains, a sprinkler system riser and sprinkler head drops, landscaping for the Base Building and all other common areas of the Base Building, substantially in accordance with the Base Building Plans. The core walls shall be taped, spackled and ready for painting. Drywall shall be screwed in place for perimeter walls. The interior columns will be exposed concrete. Landlord shall also provide venetian blinds for all perimeter windows. The Base Building will be constructed in compliance with all applicable codes, and all materials and equipment to be incorporated into the Base Building shall be of first-class quality and in full operational condition. Landlord shall perform any additional work, if and to the extent reasonably required, to correct or satisfy errors or omissions in the Plans caused by field conditions or inaccuracies in the information provided by the Landlord with regard to the Base Building.
Construction of Base Building. Landlord will diligently proceed to cause the construction of the Base Building and will complete the same in a good and workmanlike manner and in compliance with all applicable laws, regulations, rules and requirements of governmental authorities having jurisdiction, as applied, enforced and interpreted as of the date of issuance of the building permit for the Base Building including, but not limited to, all requirements of Title III of the ADA as applicable to commercial facilities (collectively, the "APPLICABLE LAWS")
Construction of Base Building. Landlord, at its sole cost and expense, has completed construction of the base shell of the Building (the "Base Building") in accordance with plans and specifications attached hereto as Exhibit B and incorporated by reference herein (the "Base Building Plans and Specifications"). Additionally, all systems development charges for the Base Building hook-up and tap fees for six (6) toilets and six (6) sinks and all costs for the two inch existing water meter, shall be paid by Landlord. Landlord agrees that Landlord shall bear full responsibility for the Base Building, and Base Building Plans and Specifications, as being in compliance with all applicable requirements of law in effect as of the Commencement Date, as hereafter defined, including without limitation, the requirements of the law known as the Americans with Disabilities Act and the regulations promulgated thereunder (the "ADA").
Construction of Base Building. Landlord shall construct the Building shell and core (“Base Building”) on the Site in accordance with the Model and the other requirements of Section 1.1 of Exhibit “C” attached to the Lease.
