Common use of Construction of Demised Premises Clause in Contracts

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. 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 DateJune 1, 1999, as extended by Delay (as defined below), rent shall xxxxx two (2) days for every day that substantial completion has not occurred after June 1, 1999, but before July 1, 1999. In the event that Landlord is unable to substantially complete the Demised Premises for occupancy by Tenant on or before July 1, 1999, as extended by Delay Tenant may, at its option and as its sole remedyoption, terminate this Lease by written notice to Landlord landlord given within thirty (30) days following the expiration of such ninety (90)-day period on or before July 1, 1999, as extended by Delay (provided that substantial completion has not occurred prior to Landlord’s 's receipt of said termination notice), in which event Landlord shall return the Tenant Construction Amount to Tenant and thereafter neither Landlord nor Tenant shall have any further obligation obligations hereunder. For purposes of this LeaseSpecial Stipulation 8, “"Delay” " shall mean delays incurred by reason of Tenant’s Tenants failure to approve the Plans and Specifications as set forth in Section 17(a) of this Lease or changes requested by Tenant in the Plans and Specifications after Tenant’s 's approval thereof, and for such additional time as is equal to the time lost by Landlord or Landlord’s 's contractors or suppliers in connection with the performance of Landlord’s '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. (a) 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 one hundred thirty five (90135) 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 one hundred eighty (90)-day 180) day period (provided that substantial completion Substantial Completion has not occurred prior to Landlord’s 's receipt of said termination notice), and thereafter neither Landlord nor Tenant shall have any further obligation hereunder. . (b) For purposes of this Lease, “"Delay” " shall mean delays incurred (i) by reason of Tenant’s '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 's approval thereof, or other acts or omissions of Tenant ("Tenant Delay") and (ii) for such additional time as is equal to the time lost by Landlord or Landlord’s 's contractors or suppliers in connection with the performance of Landlord’s 's work and/or the construction of the Demised Premises Building and related improvements not within the control of Landlord due to strikes or other labor troubles, governmental restrictions and limitations, war or other national emergency, non-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.Premises and other matters not within the reasonable control of Landlord. c-1

Construction of Demised Premises. Notwithstanding (a) Tenant agrees that, except as expressly provided to the contrary in this Section 17 and in Special Stipulation 5 regarding the right of Tenant to perform the Allowance Work (as defined in Special Stipulation 5), Tenant hereby accepts the Demised Premises “as is – where is” and as suitable for the Permitted Use. Landlord will, at the expense of Landlord, perform the following improvements in a timely manner (collectively, the “Base Building Work”): (i) install electrical service upgrade in the Demised Premises to 600-amp, 277/480 volt, 3-phase, 4-wire service and such service shall be brought to Tenant electrical room designated Room Number 021 on Tenant’s Plans and Specifications (as such term is defined in Paragraph 5 of Exhibit D), such work to be made by Landlord concurrently with performance by Tenant of the Allowance Work; (ii) paint all interior walls of the Demised Premises white in color; (iii) install warehouse light fixtures; (iv) install a demising wall in accordance with the Plans and Specifications, (v) install the signage as described in Section 13 of this Lease (after approval thereof in writing by Tenant), such signage installation to be completed on or prior to August 1, 2008; and (vi) install ten (10) new passenger vehicle parking spaces along the south truck entrance drive aisle, such parking installation to be completed by December 31, 2008. The work described in subclauses (i), (ii), (iii) and (iv) of the foregoing sentence shall be completed by Landlord on or prior to the date which is four (4) weeks after the Lease Date and in cooperation with Tenant’s general contractor; provided that, so long as such work is completed by Landlord within six (6) weeks of the Lease Date, no Landlord Delay will have occurred in connection with such completion. Landlord’s failure to complete the work set forth in subclauses (i), (ii) and (iii) shall, subject to delay caused by Force Majeure, constitute a Landlord Delay. Except for the Base Building Work and payment of the Maximum Construction Allowance, Landlord has no other obligation to perform any work of any nature as a condition of the obligations of Tenant under this Lease. Tenant acknowledges that Tenant may not, in the performance of the Allowance Work, use all of the lighting fixtures existing in the warehouse portion of the Building as of the Lease Date. With respect to any such unused lighting fixtures, Tenant hereby agrees either to leave the fixtures in place in the Demised Premises or return them to Landlord, promptly after removal. All roof-top equipment existing as of the Lease Date which is not utilized by Tenant will be left in place and will remain the property of Landlord. (b) Tenant acknowledges that (i) the amount of office and/or laboratory space included in the Allowance Work substantially exceeds the amount of office and/or laboratory space typically used by tenants of Landlord occupying space in the Building (i.e., industrial/warehousing/distribution tenants), (ii) the cutting of the floor by Tenant, as contemplated by the Plans and Specifications for certain utility lines does not conform to the practices normally utilized by Landlord and (iii) Landlord may elect to remove the Underground Tank. It is therefore likely that, at the end of the Term, Landlord will, in order to re-lease the space within the Demised Premises, need to (x) demolish and remove some or all of the Allowance Work and retrofit such space and (y) replace certain areas of the warehouse floor to conform to the requirements of another tenant. Accordingly, Tenant agrees that Tenant will, in the manner hereinafter described, reimburse Landlord for up to $100,000.00 of cost actually and reasonably incurred by Landlord to demolish and remove the Allowance Work (including, without limitation, removing the Underground Storage Tank), retrofit the space for another tenant and replace sections of the warehouse floor affected by the floor-cutting undertaken by Tenant in accordance with the Plans and Specifications. After the Expiration Date, Landlord will have a period of up to twelve (12) months to determine whether or not it will elect to demolish some or all of the Allowance Work and/or replace the relevant sections of the floor of the Building. At any time during such twelve-month period, Landlord may elect either to lease the Allowance Work to another tenant or to proceed with demolition (in whole or in part) of the Allowance Work and/or replacement of the relevant sections of the floor. If, at any time during the twelve (12) months, Landlord re-leases the Demised Premises to another tenant, without any demolition of any of the Allowance Work or replacement of any portion of the floor of the Building, Landlord will, within ten (10) calendar days thereafter, surrender and return the Letter of Credit to Tenant. If, at any time during the twelve (12) months, Landlord elects to demolish the Allowance Work (in whole or in part) and/or to replace the relevant sections of the floor of the Building, Landlord will give written notice to Tenant and Landlord will be able to retain so much of the proceeds of the Letter of Credit as are actually required to reimburse Landlord for the actual and reasonable projected cost of the demolition and/or floor replacement, as applicable (Landlord must provide Tenant with bona fide supporting documentation of such projected costs); provided that, if the cost of demolition and/or floor replacement actually incurred by Landlord is less than the projected cost, Landlord will refund to Tenant the amount of the savings. After Landlord gives written notice to Tenant of the amount of the demolition cost and/or floor replacement, Tenant will have the option to pay Landlord the amount of the cost in cash, whereupon Landlord will, within ten (10) calendar days after receipt of the cash payment, return the Letter of Credit to Tenant. If Tenant fails or elects not to make the cash payment, Landlord will be entitled to present the Letter of Credit to the issuer thereof and receive payment in full of the projected cost of the demolition and/or floor replacement, as applicable. In order to allow compliance with the provisions of Section 17(bthis subsection (b) and to permit ample time to Landlord to compile all requisite supporting documentation for the projected costs and submit such to Tenant, the outside maturity of the letter of credit shall be the date which is fourteen (14) months after the Expiration Date. The provisions of this subsection (b) will survive any expiration or termination of this Lease. (c) Tenant shall have the right but not the obligation to remove all or any part of any tangible personal property which is part of the Allowance Work upon expiration or earlier termination of this Lease; provided, however, that Tenant shall not be permitted to remove any portion of the Allowance Work which is either part of the Building or a fixture until Landlord has determined whether it will lease the Demised Premises to another Tenant without demolishing the Allowance Work as contemplated in subsection (b) above. (d) Landlord hereby acknowledges that Tenant is making a significant investment in the Demised Premises as a result of its construction of the Allowance Work. During the Term of this Lease, Landlord agrees that the Allowance Work and any Tenant’s Change installed or located in the event that Landlord is unable to substantially complete the Demised Premises for occupancy by shall be the property of Tenant on or before and shall not become Landlord’s property until expiration of this Lease; provided that any Tenant’s Change may remain in the date which is ninety (90) days after Demised Premises only to the Lease Commencement Date, as extended by Delay as defined belowextent provided in Section 18. Accordingly, Tenant mayshall, 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 in accordance with Section 8 of this Lease, be named as “Delayloss payee” shall mean delays incurred by reason of with respect to property insurance covering the Allowance Work and/or a Tenant’s failure to approve Change and the Plans proceeds of such insurance will be disbursed and Specifications as set forth held 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 accordance with the performance provisions of Landlord’s work and/or Sections 8 and 20 of this Lease. (e) Notwithstanding the construction foregoing provisions of this Section 17 or of Special Stipulation 5, below, until Tenant delivers the Letter of Credit in accordance with Section 5, Tenant will have no right to cut the floor of the Demised Premises and related improvements due to strikes or other labor troubles, governmental restrictions and limitations, war penetrate either the exterior walls or other national emergency, non-availability the roof 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 PremisesBuilding.