Construction of Demised Premises. (a) Within thirty (30) days after the date hereof, Landlord shall prepare, at Landlord's sole cost and expense, and submit to Tenant a set of plans and specifications (collectively, the "Plans and Specifications") based upon the Preliminary Plans, covering all work to be performed by Landlord in constructing the Building and other improvements which shall be a part of the Demised Premises. Tenant shall have five (5) days after receipt of the Plans and Specifications in which to review and to give to Landlord in original also written notice of its approval of the Plans and Specifications or its requested changes to the Plans and Specifications. Tenant shall have no right to request any changes to the Plans and Specifications which would materially alter either the size of the Demised Premises or the exterior appearance or basic nature of the Building, as the same are contemplated by the Preliminary Plans. If Tenant fails to approve or request changes to the Plans and Specifications by five (5) days after its receipt thereof, then Tenant shall be deemed to have approved the Plans and Specifications and the same shall thereupon be final. If Tenant requests any changes to the Plans and Specifications, Landlord shall make those changes which are reasonably requested by Tenant and shall within ten (10) days of its receipt of such request submit the revised portion of the Plans and Specifications to Tenant. Tenant may not thereafter disapprove the revised portions of the Plans and Specifications unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the Plans and Specifications as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the Plans and Specifications, and of any revisions thereto, act reasonably and in good faith. After Tenant has approved the Plans and Specifications or the Plans and Specifications have otherwise been finalized pursuant to the procedures set forth hereinabove, any subsequent changes to the Plans and Specifications requested by Tenant (herein referred to as a "Change Order") shall be at Tenant's sole cost and expense and subject to Landlord's written approval, which approval shall not be unreasonably withheld, conditioned or delayed. If after the Plans and Specifications have been finalized pursuant to the procedures set forth hereinabove Tenant requests any Change Order and, as a r...
Construction of Demised Premises. Tenant hereby expressly acknowledges and agrees that it shall accept, and shall be deemed to have accepted, the Demised Premises AS IS, WHERE IS, and as suitable for the purposes for which the same are leased hereby and, upon request by Landlord, shall execute and deliver to Landlord a letter of acceptance in which Tenant (i) accepts the Demised Premises AS IS, WHERE IS and (ii) confirms that the Lease Commencement Date, the Base Rent Commencement Date and the Expiration Date remain as set forth in Section 1, or if revised pursuant to the terms hereof, setting forth such dates as so revised.
Construction of Demised Premises. Notwithstanding the provisions of Section 17(b) of this Lease, in the event that Landlord is unable to substantially complete the Demised Premises for occupancy by Tenant on or before the date which is ninety (90) days after the Lease Commencement Date, as extended by Delay as defined below, Tenant may, at its option and as its sole remedy, terminate this Lease by written notice to Landlord given within thirty (30) days following the expiration of such ninety (90)-day period (provided that substantial completion has not occurred prior to Landlord’s receipt of said termination notice), and thereafter neither Landlord nor Tenant shall have any further obligation hereunder. For purposes of this Lease, “Delay” shall mean delays incurred by reason of Tenant’s failure to approve the Plans and Specifications as set forth in Section 17(a) or changes requested by Tenant in the Plans and Specifications after Tenant’s approval thereof, and for such additional time as is equal to the time lost by Landlord or Landlord’s contractors or suppliers in connection with the performance of Landlord’s work and/or the construction of the Demised Premises and related improvements due to strikes or other labor troubles, governmental restrictions and limitations, war or other national emergency, non-availability of materials or supplies, delay in transportation, accidents, floods, fire, damage or other casualties, weather or other conditions, acts or omissions of Tenant, or delays by utility companies in bringing utility lines to the Demised Premises.
Construction of Demised Premises. The Demised Premises shall be accepted "as-is".
Construction of Demised Premises. Landlord agrees that it shall construct the Demised Premises in accordance with the specifications in Exhibit B attached hereto.
Construction of Demised Premises. (a) Notwithstanding the provisions of Section 17 of this Lease, Landlord shall be responsible for the cost of the construction of the Improvements (as defined in Section 8(a)(ii) of the Lease) only up to an amount equal to $200,000.00 (the "Tenant Allowance"). Upon substantial completion of the Improvements, Landlord shall deliver to Tenant a bill xxx all amounts in excess of the Tenant Allowance. Tenant agrees to pay such bill xx full to Landlord within ten (10) calendar days following receipt of such bill.
(b) For purposes of this Special Stipulation, the cost of the construction of the Improvements shall be deemed to include, but not be limited to, the cost of the Plans and Specifications, permits and all tenant buildout, including, without limitation, demising walls, utilities, the heating, ventilating and air conditioning system.
(c) Notwithstanding the provisions of Special Stipulation 1(a) of this Lease, Landlord shall be responsible for the cost of installing air-conditioning in the warehouse portion of the Demised Premises in such capacity as to provide a twenty (20) degree differential from the outside temperature. The cost of such installation shall not be credited against the Tenant Allowance.
Construction of Demised Premises. (a) Notwithstanding the provisions of Section 17 of this Lease, Landlord shall be responsible for the cost of the construction of the Improvements only up to an amount equal to $237,794.40 (based on $1.20 per square foot of the Demised Premises) (the "Tenant Allowance"). If the entire Tenant Allowance is not utilized as of the Lease Commencement Date, any un-used portion shall be forfeited. Upon Substantial Completion of the Improvements, Landlord shall deliver to Tenant a xxxx (“Landlord’s Notice”) for all amounts in excess of the Tenant Allowance (collectively, the “Excess Cost”). Tenant agrees to pay any Excess Cost in full to Landlord within ten (10) calendar days following receipt of Landlord’s Notice (the “Payment Period”).
(b) For purposes of this Special Stipulation, the cost of the construction of the Improvements shall be deemed to include, but not be limited to, the cost of the Plans and Specifications, permits and buildout (including, without limitation, the demising walls, utilities, and heating, ventilating and air conditioning system serving or comprising a portion thereof) associated therewith.
Construction of Demised Premises. Landlord shall deliver the Demised Premises to Tenant “as is”, subject to the mutual obligations of Landlord and Tenant to construct the Demised Premises, as follows:
Construction of Demised Premises. The following shall be added to Article 17 of the Lease: Tenant has personally inspected the Demised Premises and accepts the same "as is" without representation or warranty by Landlord of any kind and with the understanding that Landlord shall have no responsibility with respect thereto except that Landlord agrees to perform and complete the work on the tenant finish improvements for the Additional Space as set forth in Exhibit B-1 attached hereto and shall give Tenant written notice of the day on which Landlord expects to complete such work. Landlord agrees to pay Thirty-one Thousand Eight Hundred Thirty-eight Dollars and Ninety-four Cents ($31,838.94) toward the cost of the tenant finish improvements and Tenant agrees to pay Thirty-one Thousand Eight Hundred Thirty-eight Dollars and Ninety-four Cents ($31,838.94) toward the cost of the tenant finish improvements. Tenant shall pay Fifteen Thousand Nine Hundred Nineteen Dollars and Forty-seven Cents ($15,919.47) of its portion upon the execution of this Amendment and the remaining amount on the date Landlord delivers the Additional Space to Tenant. Upon completion of the work in the Additional Space, Tenant shall execute a letter of understanding as referred to in Article 17 of the Lease.
5. ADDITION OF ARTICLES 36 AND 37. Articles 36 and 37 are hereby added to the Lease:
Construction of Demised Premises. (a) Notwithstanding the provisions of Section 17 of this Lease, Landlord shall be responsible for the cost of the construction of the approximately 5,000 square foot office portion of the Phase I Improvements, including, without limitation, the breakrooms and restrooms (collectively, the “Office Improvements”), only up to an amount equal to $70.00 per square foot thereof (not to exceed $350,000.00 in the aggregate) (the "Tenant Allowance"). If the cost in the aggregate of the construction of the Office Improvements is less than the Tenant Allowance, the unused Tenant Allowance may be applied by Tenant toward the cost of any Change Orders in connection with the construction of the Landlord Improvements. If the entire Tenant Allowance is not utilized as of the Lease Commencement Date, up to $50,000.00 of any un-used portion shall be applied as a credit against Tenant’s first installment of Base Rent; any further surplus will be forfeited. Upon Substantial Completion of the Office Improvements, Landlord shall deliver to Tenant a xxxx (“Landlord’s Notice”) for all amounts in excess of the Tenant Allowance (collectively, the “Excess Cost”). Tenant agrees to pay any Excess Cost in full to Landlord within ten (10) calendar days following receipt of Landlord’s Notice (the “Payment Period”).
